Race-Based Pay Discrimination

When Your Paycheck Tells the Wrong Story

You’ve been grinding. Staying late. Taking on the messy projects no one else wants. But then you see the numbers. You’re pulling more weight than your coworkers, and still, your paycheck’s smaller? If you’re a person of color, it could be straight-up race-based pay discrimination.

At Horn Wright, LLP, our employment law attorneys stand with employees across New York, New Jersey, Vermont, Maine, and New Hampshire who are sick of being underpaid and undervalued. 

New York’s Labor Law § 194 makes it clear: if you’re doing substantially similar work, your race can’t be the reason you’re earning less. Other states like New Jersey go even further, letting workers compare pay across the entire company. Vermont, Maine, and New Hampshire have protections too, but they’re more generalized. No matter where you’re working, if your paycheck’s stuck in a lower bracket while others climb, we’ll help you challenge it head-on.

Pay Gaps Don’t Always Scream “Racism”

Discrimination doesn’t always show up in neon lights. Sometimes it’s buried in a spreadsheet or brushed off in a “company policy” that somehow never benefits you. You might be performing at a higher level than your peers and still bringing home less. Over time, it chips away at your energy, your confidence, and your bank account, too.

Employers love to toss around excuses. But if you’re doing basically the same job as someone else and getting paid less because of your race, that’s illegal under New York law. The work doesn’t have to be identical—just “substantially similar.” Same responsibilities, same effort, same skill? Then your check should reflect that.

Bias in pay is sneaky. It hides behind policies that sound neutral but hit you harder. And when your employer can’t give a real, consistent reason for the gap? That’s where a racial discrimination attorney comes in.

Red Flags You Shouldn’t Ignore

Pay discrimination doesn’t always announce itself, but the signs are there if you know where to look. Trust your gut and watch for these red flags.

• Nobody talks about money and that’s intentional. If your boss or HR gets twitchy when salaries come up, they’re hiding something. New York law actually protects your right to discuss pay. When they try to shut you up, it’s often because the numbers don’t add up.
• Raises feel random. You’ve been killing it all year, but someone who just got here gets a bump? If there’s no clear system for who gets what, bias can slip in easily. And when that pattern always seems to favor white coworkers, something’s up.
• Your title doesn’t match your tasks. You’re doing manager-level work, but your title (and pay) still says “assistant”? Companies pull this move to justify underpaying you. The law doesn’t care about your title; it cares about the actual work you’re doing.

When the Excuses Start Rolling In

Oh, they’ll try. “It’s market rate.” “They negotiated better.” “It’s based on performance.” But if your work matches or outpaces your peers, and you’re still earning less? Those reasons fall apart fast.

New York’s equal pay law doesn’t let employers toss out vague justifications. They’ve got to show that the difference in pay is based on something real, such as experience, education, or skills. And even then, that factor needs to be applied fairly across the board. 

Here’s the part they hate: if your employer’s explanation ends up being inconsistent or half-baked, it actually strengthens your case. So don’t let their quick responses shut you down. Let’s slow things down, look at the numbers, and dig into the truth.

How Raises Can Bury the Problem

It doesn’t always start with the base salary. Sometimes, it’s the raises or lack of them that grow the gap year after year. And you don’t realize how deep it runs until you’re looking back on five years of being shortchanged.

• Lowball offers at the start. If you were offered less from day one, every single raise since has been based on that smaller number. That’s not just a math problem. That’s systemic underpayment that snowballs over time.
• Delayed or denied promotions. You’ve done the work. You’ve hit your goals. But when it’s time to move up, you’re “not quite ready,” while someone else jumps ahead? That’s a huge red flag, and we’ve seen it too many times.
• Tiny raises that keep you behind. A 2% raise feels okay until you learn someone else got 6%. Multiply that across the years, and the earnings gap gets massive. You shouldn’t have to settle for breadcrumbs while others feast.

Laws Are on Your Side—If You Use Them

If your employer’s decisions are hurting your paycheck and the pattern connects to your race, you’ve got legal ground to stand on.

Labor Law § 194 says your employer can’t pay you less for doing substantially similar work.  Additionally, Executive Law § 296 strengthens your case further, banning race-based discrimination in any employment practice, including pay.

Other states step in, too. New Jersey’s law is tough—it lets you compare salaries across different departments to catch company-wide bias. Vermont, Maine, and New Hampshire offer protections under broader anti-discrimination laws, and while they might not call out pay specifically, they still let you fight back if race played a role. We know how to work each law to your advantage.

What to Do When You Know It’s Not Fair

You don’t have to stay quiet. If your gut says something’s off, there are concrete steps you can take now to protect yourself and build your case.

• Start keeping receipts. Pay stubs, offer letters, HR emails, performance reviews—save them all. Those “little” details build the big picture. And when we see gaps in the timeline or sudden changes, that’s powerful evidence.
• Talk to your coworkers. Yes, legally. In New York, you’re allowed to ask about pay. These convos might feel awkward, but they can uncover discrepancies you didn’t even know existed.
• Reach out before things explode. Waiting until you’re let go or retaliated against isn’t the move. An employment law attorney can look at your situation and give you real answers. Even if you’re unsure whether it’s worth pursuing, a consultation can give you clarity.

The Money You Might Be Owed

 If you were underpaid for years, you could be owed thousands or more. New York lets you look back up to six years in some cases, which means real money on the table.

You might also qualify for emotional damages. Being treated like you’re worthless—day in and day out—doesn’t just hurt your wallet. It hits your confidence, your stress levels, even your relationships. The law takes that seriously.

And if your employer knowingly ignored the problem or treated you like you wouldn’t speak up? Punitive damages might be on the table too. That’s how courts send a message. And we make sure they hear it loud and clear.

Horn Wright, LLP, Is Here to Help You Get Paid What You’re Worth

You’ve done the work. You’ve earned the raises. You’ve led the teams, taken the calls, hit the numbers. If your pay doesn’t reflect that and race is the only difference, that’s not okay. And we won’t let it slide.

At Horn Wright, LLP, we dig deep into wage records, internal policies, and comparison data. We’ve helped clients across New York and beyond hold employers accountable and win back what they’re owed. We know how these companies operate—and we know how to shut down their excuses.

Your work has value. It’s time your paycheck did too. See how we’ve helped workers like you stand up and win. Let’s make this right—together. Reach out online today to request your complimentary case review.