Racial Discrimination & Workplace Policies

When Company Rules Become Tools for Bias

On paper, workplace policies are supposed to protect you. They’re meant to set clear expectations, keep things fair, and give everyone the same shot. But when those rules are applied unevenly or designed in ways that hit certain racial groups harder, they become weapons instead of shields. That’s when “company policy” stops being neutral and starts being discriminatory.

At Horn Wright, LLP, our employment law attorneys help employees across New York, New Jersey, Vermont, Maine, and New Hampshire hold employers accountable when policies are used to mask racial bias. In New York, Executive Law § 296 and NYC’s Human Rights Law protect against any employment practice that discriminates based on race. 

New Jersey’s Law Against Discrimination goes even further, making biased policies easier to challenge. Vermont, Maine, and New Hampshire also prohibit race-based discrimination, though their processes and definitions differ. No matter where you work, we know how to cut through the “policy” excuse and get to the truth.

How Workplace Policies Can Hide Discrimination

Racial bias in policies isn’t always obvious. Sometimes it’s written into the rules, other times it’s buried in how those rules are enforced. Either way, the effect is the same—you’re left with fewer opportunities and more barriers.

Policies can be written in a way that sounds fair but isn’t. Think vague performance standards that let managers “interpret” them differently depending on who’s involved. Or attendance rules that ignore cultural observances important to certain employees. The policy itself might not name race, but if it’s applied in a way that impacts workers of color more harshly, it’s a problem.

Remember that in New York, even if your employer didn’t mean to discriminate, if their policy disproportionately harms employees of a certain race, it could be illegal. And many companies don’t realize the damage until someone calls it out. That’s why documenting what’s happening and comparing your treatment to others can be so powerful.

Policies That Raise Red Flags

Not every rule is bad, but some are written or applied in ways that open the door to bias. Keep your eyes open for these warning signs.

• Vague or subjective performance criteria. When “good performance” isn’t clearly defined, it gives decision-makers too much room for bias. That’s how the same behavior can be praised for one person and criticized for another.
• Appearance or grooming codes that target certain styles. Rules that ban natural hairstyles, cultural attire, or facial hair without a safety reason can disproportionately affect employees of color. In New York, the CROWN Act makes this kind of discrimination illegal.
• Unequal enforcement of rules. A policy might be fine on paper, but if it’s only enforced against certain employees or ignored for others, that’s a red flag. 
• “Neutral” rules with unequal impact. Some policies don’t mention race but hit certain racial groups harder in practice. If a rule affects only certain employees’ ability to advance, it’s worth a closer look.

How Biased Enforcement Works

Even a fair-sounding policy can become discriminatory when it’s enforced selectively. And because this bias can be subtle, it often flies under the radar until someone connects the dots.

A dress code might technically apply to everyone, but if only certain employees get “reminder” emails or write-ups, that’s selective enforcement. Or an attendance policy might be used to write up one group of employees for the same tardiness others get a pass on. Over time, those little differences add up to missed raises, blocked promotions, and even job loss.

The key is to compare how the rule is enforced across employees. New York’s laws let you challenge enforcement patterns that result in unequal treatment based on race even if the policy itself seems harmless at first glance. This is why it’s so important to track the “who” and “how often” details. Once you map out the pattern, it becomes much harder for your employer to brush it off as coincidence.

What to Do If a Policy Targets You

You might feel stuck, especially if your employer says, “It’s just the rule.” But you still have options, and the sooner you act, the better your chances.

• Document every incident. Keep records of when and how the policy was enforced. Dates, names, and examples of coworkers treated differently can be crucial.
• Ask for the policy in writing. If your employer can’t produce a written version, that’s a problem. Even if they can, you’ll want to compare what’s on paper to what’s actually happening.
• Talk to an attorney before confronting management. Legal advice early on can help you avoid missteps and strengthen your position. You don’t have to go into that conversation blind.
• Compare enforcement across teams. If certain supervisors enforce the rule more strictly for some employees than others, that pattern could be proof of discrimination.

Laws That Protect You in New York

If workplace policies are being used to discriminate against you based on race, New York gives you multiple legal avenues. State and city laws are often stronger than federal protections.

New York Executive Law § 296 makes it illegal for an employer to discriminate in any “terms, conditions, or privileges of employment” based on race. That includes policies and practices. NYC’s Human Rights Law goes even further, covering a broader range of discriminatory conduct and applying to smaller employers.

The CROWN Act also matters here. It specifically bans discrimination based on hair texture and protective hairstyles commonly associated with race. That means grooming policies can’t be used to target employees for their natural hair or cultural styles. And because these protections are layered, you’ve got multiple paths to hold your employer accountable. That’s where a lawyer can help you choose the strongest one.

Common Employer Defenses—and Why They Fail

When you call out a biased policy, expect your employer to push back. But many of their go-to excuses don’t hold up under scrutiny.

• “It applies to everyone.” Even if a rule is written for all employees, if it’s enforced unevenly or has a disproportionate impact, it can still be illegal.
• “It’s for safety.” Safety can be a valid reason for certain policies, but the standard has to be real and necessary. If it’s just a cover for bias, the law can see through it.
• “It’s company tradition.” Tradition doesn’t excuse discrimination. Courts care about compliance with the law, not nostalgia for outdated practices.
• “We’ve always done it this way.” Long-standing rules aren’t immune from challenge. If a policy has a discriminatory effect, it can still violate the law.

How We Help You Challenge Biased Policies

Challenging a policy means more than saying it’s unfair—you have to show it’s discriminatory in practice or effect. That’s where our work begins.

Our attorneys start by gathering evidence: policy documents, enforcement records, testimony from coworkers, and any communications that reveal bias. We look for patterns—who gets written up, who gets exceptions, and how those decisions are justified. Then we compare those patterns against what the law requires.

Our goal is to either get the policy changed, secure compensation for the harm it’s caused you, or both. Sometimes that happens through negotiation; other times, we take it to court. We’ll explain every step, keep you in the loop, and fight for the outcome that makes the most sense for your career and peace of mind.

Horn Wright, LLP Can Help You Push Back

You don’t have to live with workplace rules that work against you. If a company policy is keeping you from opportunities, costing you money, or singling you out because of your race, you have legal rights, and we know how to enforce them.

Our racial discrimination attorneys helped employees across New York, New Jersey, Vermont, Maine, and New Hampshire challenge biased workplace rules and win changes that matter. Whether you want the policy gone, your record cleared, or compensation for the damage done, we’ll fight to make it happen.

If you’ve been stuck under unfair workplace rules, now’s the time to challenge them. At Horn Wright, LLP, we’ll dig into the policy, uncover the bias, and help you push back in a way that actually gets results. Check out how we’ve stood up for employees across the region, then let’s talk about how we can stand up for you. Connect with us online to book your free consultation.