Race Discrimination & Wrongful Termination

When Losing Your Job Is About More Than Performance

Getting fired is hard enough. But when you know race played a role, it’s more than a career setback, it’s a violation of your rights. Maybe it wasn’t just the termination itself. Maybe you’ve seen signs for months: fewer opportunities, harsher treatment, or comments that made you feel out of place. Those patterns matter.

At Horn Wright, LLP, we represent workers across New York, New Jersey, Vermont, Maine, and New Hampshire who’ve been wrongfully terminated because of race. In New York, Executive Law § 296 and the NYC Human Rights Law protect against racial discrimination in every aspect of employment, including firing. New Jersey’s Law Against Discrimination is even broader, while Vermont, Maine, and New Hampshire offer protections but have different timelines and procedures. We know how to navigate each state’s system so your case gets the strongest footing possible.

If you’ve lost your job and suspect race was a factor, call (855) 465-4622. Our employment law attorneys will help you make sense of what happened and fight for the justice you deserve.

How Race Plays Into Termination Decisions

Wrongful termination tied to race isn’t always blatant. Sometimes it’s a sudden firing after years of good performance. Other times, it’s the final step in a series of biased actions, suspensions, bad reviews, or demotions, designed to push you out.

Employers often try to hide discriminatory intent behind “business reasons” or policy violations. They might claim layoffs were necessary or point to vague “attitude” issues that were never documented before. But when these explanations don’t match your work record or are applied differently to employees of different races, they start to unravel. Patterns of unequal treatment, especially when they impact only certain racial groups, are a huge red flag.

New York law looks at patterns and context, not just the employer’s stated reason. If race influenced the decision, even partially, that can be enough to prove wrongful termination. That means even if the employer had other reasons, racial bias can still make the firing unlawful.

Warning Signs Before the Firing

Bias often leaves a trail. If you’ve experienced some of these situations, it might be worth a deeper look into whether your firing was discriminatory.

• Sudden negative performance reviews. If your reviews drop sharply after years of strong ratings, especially without changes in your work, that’s suspicious. It may be a setup for termination. When this happens shortly before a firing, it’s worth questioning the real motive.
• Policy enforcement that feels one-sided. Rules applied to you but ignored for others can show bias. If only certain employees are written up for the same infractions, that’s a red flag. These patterns can be powerful evidence when building your claim.
• Exclusion from key projects. Being cut out of important work can be used to justify claims you’re “not contributing enough.” This tactic often precedes termination. It’s also a way to limit your visibility and value in the company.
• Replacement by someone of a different race. If you’re quickly replaced by someone outside your racial group, it can strengthen a wrongful termination claim. Timing and the qualifications of the replacement can make this even more telling. Such changes often reveal the employer’s true priorities.

How Employers Try to Cover Their Tracks

Employers know that firing someone based on race is illegal. That’s why they build a “paper trail” to make it look justified. Understanding these tactics can help you identify discrimination in disguise.

They may start by assigning you tasks outside your normal role, then penalize you for not meeting unclear expectations. Or they might document every small mistake while ignoring the same issues with others. Sometimes they restructure teams in a way that conveniently pushes you out. And in some cases, they suddenly enforce rules that were ignored for years, only against certain employees.

These moves aren’t random. They’re often calculated to create a record the employer can point to later. But when you compare how you were treated to how others were handled, the bias becomes clear. That comparison can be one of the strongest pieces of evidence in a wrongful termination case.

Your Rights Under New York Law

In New York, you’re protected from being fired because of your race under Executive Law § 296 and the NYC Human Rights Law. These laws apply to hiring, firing, and every other condition of employment.

The state law prohibits employers from discharging someone because of their race, color, or national origin. The city law goes even further, covering smaller employers and providing more avenues to prove your case. Both allow for damages that can include back pay, emotional distress, and sometimes punitive awards. Importantly, these laws also protect you from retaliation if you speak up or file a complaint.

You also have rights under federal law, Title VII of the Civil Rights Act, but New York’s protections are often stronger. That’s why many employees choose to file under state or city laws, or even both. Filing under multiple laws can increase your chances of recovery and the types of damages available.

What To Do If You Suspect Your Firing Was Racially Motivated

If you think your termination was tied to race, acting quickly is key. Here’s how to start building your case.

• Gather all documentation. Save emails, performance reviews, write-ups, and any communications about your firing. These can show patterns and inconsistencies. Keep them organized so they’re easy to present later.
• List comparable coworkers. Identify people in similar roles who were treated differently. This comparison is critical for proving bias. Make sure to note differences in race, treatment, and outcomes.
• Write down your timeline. Document when issues started, what was said or done, and by whom. The sooner you do this, the clearer the details will be. Include any specific comments or incidents that stood out to you.
• Consult an attorney early. A lawyer can tell you whether your case meets the legal definition of wrongful termination and how to move forward. Early advice can also help you avoid mistakes that could hurt your claim.

Proving Wrongful Termination Based on Race

Winning a case means proving your race was a factor in your firing. This doesn’t always require a smoking gun, circumstantial evidence can be powerful.

You might show that you were disciplined for actions others got away with, or that your job performance was on par with peers who kept their jobs. Testimony from coworkers can help, especially if they witnessed biased comments or unequal treatment. Employment records, performance metrics, and email trails can also point to bias when examined closely.

In New York, it’s enough to prove that race was one motivating factor, not the only one. This lower threshold can make your case stronger than under federal law alone. With the right strategy, even subtle patterns of discrimination can become clear and convincing to a judge or jury.

The Compensation You Could Receive

A successful claim can bring more than just validation—it can provide real financial relief. Damages vary, but here are some possibilities.

• Back pay. This covers the wages and benefits you lost from the time of your firing until your case resolves. It’s often a significant amount. Your lawyer can calculate this using pay records and benefits statements.
• Front pay. If getting your old job back isn’t possible, you might be compensated for future lost wages. This helps you bridge the gap while finding new work. It can also account for lost benefits like health insurance.
• Emotional distress damages. Wrongful termination can take a serious emotional toll. The law recognizes this harm. Evidence from mental health professionals can support this claim.
• Punitive damages. In cases of especially egregious conduct, the employer may be ordered to pay extra as punishment and deterrence. These are meant to send a message that discrimination won’t be tolerated. They’re also a way to hold companies publicly accountable.

You’re Not Alone in This Fight

Being fired because of your race isn’t just unfair, it’s illegal. But taking on an employer can feel daunting, especially when they have legal teams ready to defend their actions.

You have the right to challenge what happened, to demand answers, and to seek compensation for your losses. And while the process takes courage, every case brought forward helps chip away at discriminatory practices in the workplace.

If you’re ready to take action, start by getting informed about your legal options. We've fought wrongful termination and held employers accountable. We can fight for your rights too. You’ve worked too hard to have bias erase your progress—now’s the time to protect your future. Connect with us online to arrange your free, no-obligation consultation.