Race Discrimination FAQs

Real Answers for Real Questions About Workplace Racism

Racism at work isn’t always loud. It can show up in performance reviews, paychecks, promotion decisions or in that awful gut feeling you get when you’re left out of meetings or conversations. If you’re constantly questioning whether you’re being treated differently because of your race, you’re not being “too sensitive.” You’re asking the right questions.

At Horn Wright, LLP, we’ve helped workers across New York, New Jersey, Maine, New Hampshire, and Vermont face race discrimination head-on. In New York, Executive Law § 296 and NYC’s Human Rights Law offer strong protections. New Jersey’s Law Against Discrimination goes even further. Vermont, Maine, and New Hampshire prohibit racial discrimination too, but the way claims work in each state is a little different—and that’s where we come in.

What Counts as Race Discrimination at Work?

Race discrimination isn’t limited to slurs or hate speech. It shows up in small, repeated actions that chip away at your dignity. And if those actions affect your pay, role, or future at the company, the law may protect you.

New York law says employers can’t treat you differently based on your race. That means you can’t be fired, demoted, harassed, paid less, or denied opportunities just because of how you look, speak, or identify. It also covers discrimination tied to hairstyles, accents, and even perceived race.

And no, your employer doesn’t have to say the word “race” out loud for it to count. The law focuses on impact. If you’re feeling targeted, excluded, or blocked from opportunities because of race, there’s a good chance it qualifies as discrimination.

What Laws Protect You in New York?

New York gives you more protection than many other states. Under New York Executive Law § 296, it's illegal to discriminate against someone based on race in hiring, firing, pay, benefits, assignments, or promotions. The law applies to private companies, government jobs, and most workplaces with at least four employees. NYC’s Human Rights Law is even stricter, as it applies to more types of conduct and smaller employers.

You can also file under Title VII of the Civil Rights Act, but state-level claims often move faster and cover more. Our legal team helps you figure out which path makes sense based on your job, your timeline, and your goals.

Common Signs You Might Be Facing Race Discrimination

If you’ve been wondering whether what’s happening at work crosses a line, these signs might help you find clarity.

• You’re being held to different standards. If your mistakes are magnified while others get away with the same—or worse—that’s a red flag. Consistency is key, and double standards based on race are a legal issue. You don’t have to wait until it gets worse to speak up.
• You’re left out of promotions or big projects. If you’re qualified and still passed over repeatedly, and those decisions seem to favor one racial group, it could signal deeper bias. Especially when the reasons you’re given keep shifting. That inconsistency matters.
• You’re targeted with jokes, “teasing,” or exclusion. Even if it’s framed as casual or harmless, racial comments that create a hostile work environment can be illegal. You don’t have to laugh it off. The law’s on your side.

What Can You Do If You’re Facing Racism at Work?

You don’t need to suffer in silence. There are steps you can take right now to protect yourself and to start holding your employer accountable.

• Start documenting. Keep a journal of what’s happening. Note the dates, who was involved, what was said or done, and how it impacted your work. Screenshots, emails, and written performance reviews can be powerful.
• Talk to someone you trust. Whether it’s HR, a manager you trust, or a lawyer, get the situation on someone else’s radar. Even a short conversation can be a turning point. You don’t have to go it alone.
• Contact an attorney early. Legal guidance can help you avoid mistakes that hurt your case later. We’ll tell you what’s protected, what’s worth pursuing, and what options you actually have. And yes—we’ll keep it confidential.

Do You Have to Report It to HR First?

Not always—but in some cases, it helps to show you tried. It depends on how your company handles complaints and what kind of retaliation you’re worried about.

If your workplace has a clear complaint process, following it can strengthen your legal position later. It shows you gave the employer a chance to fix things. But if HR is part of the problem or if you’re afraid speaking up will make things worse, it’s okay to talk to a lawyer first.

New York law protects you from retaliation. If you report race discrimination, your employer can’t punish you for it. That includes firing, demoting, reducing your hours, or making your work life miserable. And if they do? You’ve got a stronger case.

What Kind of Evidence Helps Most?

The more you have, the better. But even if you don’t have a perfect paper trail, you still have options. Here’s what to gather if you can.

• Written communication. Emails, Slack messages, text messages—anything that shows bias, exclusion, or inconsistent treatment. These can be gold in a case.
• Performance records. If your reviews suddenly dropped after raising concerns or if they don’t match the facts of your work, they could reveal retaliation. Compare them over time and side-by-side with colleagues’ records.
• Witnesses or coworkers. If others have seen or experienced similar treatment, their stories matter. Even informal support from colleagues can lend credibility to your claims.

What Can You Get If You Win a Case?

If you’ve faced race discrimination, here’s what you may be entitled to.

You can pursue back pay, which covers lost wages, missed raises, and other financial losses. If discrimination kept you from being promoted or caused you to lose your job, those numbers add up fast.

You might also qualify for emotional distress damages. That covers the stress, anxiety, and humiliation you’ve endured. And if your employer acted especially badly or tried to cover things up, you could be awarded punitive damages to punish them and send a message.

And let’s not forget policy changes or reinstatement. If you want to stay and keep your job safe or push for changes that protect others, we help make that happen too.

How Long Do You Have to File a Claim?

Deadlines matter and missing them could cost you your entire case. But don’t worry. We’ll help you stay ahead of the clock.

In New York, you generally have three years to file a race discrimination claim under the state’s Human Rights Law. If you’re filing under city law, the deadline is also three years. Federal claims through the EEOC usually need to be filed within 300 days.

That said, exceptions exist, and the timeline can shift based on how and where you file. That’s why it’s smart to talk to a lawyer as soon as you suspect something’s wrong. Even if you’re still employed, getting advice early can save you big later.

Horn Wright, LLP, Is Here to Answer the Rest

At Horn Wright, LLP, we take the time to listen and ask the right questions. We don’t just file paperwork; we help you build a strategy, protect your job, and push for accountability. Whether you're in New York or one of the surrounding states we serve, we’re ready to help you speak up.

See we fight for workers facing discrimination. Let’s get real about what’s happening and what you can do about it. Contact our office to schedule your free, no-pressure consultation.