Racial Discrimination in Hiring & Promotions

The Rules Start Before the Interview

It’s easy to blame a lack of experience. But what if that’s not really the reason you were passed over? What if the real issue started before you even had a chance to speak?

Our employment law attorneys at Horn Wright, LLP, fight for New York workers facing discrimination that blocks access to fair hiring and advancement.

Under New York Labor Law Section194(1)(a) and the New York State Human Rights Law, employers can’t use race as a factor in hiring or promotion decisions. If they do, they’re violating state civil rights law. 

While other states like New Hampshire or Vermont may rely on broader federal enforcement, New York provides a direct state-level path to justice. No waiting for federal permission, no detours.

Call us at (855) 465-4622 if your career was stunted by race-based decisions. Your talent should speak louder than bias.

How Bias Creeps Into Hiring Decisions

Racial bias in hiring doesn’t always show up as an outright “no.” Sometimes, the opportunity just never comes. And when you dig deeper, you start to see how those decisions were shaped.

• Excuses that sound neutral like “not a good fit” often disguise unconscious bias. These statements offer no real feedback and give employers cover for racially motivated decisions. They are vague on purpose and leave no path for growth.
• Automated filters can prioritize names, addresses, or schools that favor white candidates. These systems may seem impartial but replicate decades of systemic inequality. When employers rely on these tools, they end up reinforcing the very bias they claim to avoid.
• Client-facing preferences sometimes result in people of color being funneled into roles with less visibility or advancement. This practice leads to lower pay, fewer leadership opportunities, and a reputation ceiling. It’s not about skills. It’s about who they think “looks the part.”

New York law prohibits both intentional and structural racism in hiring. And the law doesn’t care whether the discrimination was subtle or obvious. It still counts.

Job Descriptions and Interviews Can Hide Prejudice

Job descriptions can quietly screen out candidates of color through coded language, irrelevant requirements, or geographic limitations that exclude certain neighborhoods. 

These job posts might sound professional on the surface but subtly target white applicants by emphasizing credentials tied to privilege, not competence. Even words like “culture fit” are often shorthand for racial gatekeeping.

During interviews, bias tends to show up through different levels of engagement. Candidates of color may be asked about their names, backgrounds, or “how they’d fit in” with the team—questions that wouldn’t be asked of white applicants. 

Interviewers might be less warm, less interested, or more skeptical when the candidate sitting in front of them isn’t who they expected.

The New York City Commission on Human Rights has taken aim at these subtler forms of discrimination. The agency monitors screening tools, job postings, and interview practices that cross the line into bias. If you’ve noticed a pattern, or even a single instance that felt wrong, it’s worth documenting and exploring your legal options.

What to Watch for in Promotions: Patterns Tell the Real Story

When you’re denied promotions again and again while others soar ahead, that’s not bad luck. That’s bias in action.

• White employees with less tenure or experience get the job while you get excuses. If you’ve led major projects, trained others, or consistently exceeded goals, this discrepancy is a red flag. 
• Vague feedback like “you’re not ready” or “it’s not the right time” can block you without reason. These phrases often replace real evaluations with empty delays. When they never come with next steps, they’re meant to keep you stagnant.
• No access to leadership programs or stretch projects leaves you out of the pipeline before the position even opens. Without exposure and mentorship, you’re cut off from advancement. And when that access is only given to white colleagues, the bias is institutional.

If leadership keeps looking the same while your efforts go unseen, the system may be rigged and we help prove it.

Your Options When You've Been Denied Opportunity

When racial bias keeps you from advancing, you don’t have to accept it. The law gives you a way to push back, and the first step is recognizing the signs and gathering proof. A pattern of behavior can be enough to support a claim.

Keep track of your qualifications and achievements, especially if you’ve been consistently passed over despite strong performance. Save performance reviews, emails praising your work, and metrics like project results or sales numbers. These records help counter vague or shifting explanations for why someone else moved ahead.

If you suspect discrimination, file a written complaint with HR or your Diversity, Equity and Inclusion (DEI) office, and keep a personal copy. Internal complaints show you took the issue seriously and give your employer a chance to fix the problem. 

Whether they ignore it or retaliate, their response, or lack of one, becomes evidence in your favor. Speaking with employment attorneys early can help you decide your next move and protect your legal rights.

Filing a Discrimination Claim in New York: The Right Path for Your Case

New York gives you multiple routes to file a complaint and you don’t need to start at the federal level.

• Equal Employment Opportunity Commission (EEOC) gives you 300 days to file a Title VII claim. These claims address federal discrimination laws, and dual-filing with a state agency can strengthen your protections. The process may result in mediation, investigation, or a right-to-sue letter.
• NYS Division of Human Rights (DHR) enforces state civil rights protections and gives you 1 year to file. The DHR can investigate your claim, hold hearings, and order remedies like back pay, reinstatement, or policy changes. It's a useful route when you want state-level enforcement and quicker resolution.
• NYC Commission on Human Rights is ideal for incidents that happened within the five boroughs. It offers broader protections under the city’s more expansive Human Rights Law and often works faster than state or federal agencies.

You can also file directly in state court within 3 years of the discriminatory act. This bypasses administrative delays and gives you direct access to a judge and jury. Unlike other states that require federal agency review first, New York lets you decide how to pursue justice.

What Success Might Look Like

Winning a hiring or promotion discrimination case doesn’t just restore dignity. It can restore real income and long-term professional opportunities. 

You may be entitled to back pay for missed wages, bonuses, and benefits, as well as compensation for emotional harm and reputational damage. If the court finds that you were unfairly passed over, it might even order the promotion or reinstate your job.

Punitive damages are another possibility if your employer acted maliciously or showed reckless indifference. These damages are meant to punish bad behavior and deter future discrimination. In addition, a successful case can trigger internal reforms, such as mandatory training, new policies, or external audits to correct systemic issues.

What makes New York especially powerful is that it doesn’t cap emotional or punitive damages under state law. That means if your case proves strong, the outcome could be significant, not just for you, but for the workplace culture that harmed you.

You Deserve to Rise Based on Your Talent

Discrimination in hiring and promotions doesn’t just stall careers. It tells workers of color they don’t belong. That’s wrong. 

If your potential has been buried under someone else’s bias, our employment law attorneys at Horn Wright, LLP, will help uncover the truth and push back with evidence that matters.

See why we’re trusted across New York to fight discrimination where it hides. Reach out online to request your free consultation.