Racial Harassment at Work

When the Office Stops Feeling Safe

The jokes don’t feel funny. The stares linger too long. You walk into work and feel it—that low-grade hum of anxiety that something’s off, and no one else seems to notice or care. 

Racial harassment at work isn’t always loud. Sometimes it’s a steady drip of comments, exclusions, and double standards that leave you exhausted and hyper-aware of every interaction.

Our employment law attorneys at Horn Wright, LLP, are here to take that stress off your shoulders. We’ve fought for workers across New York who were harassed, degraded, and silenced because of their race.

Under New York Executive Law Section 296, racial harassment is illegal. If you’re in NYC, the New York City Human Rights Law gives you even broader rights. Compared to nearby states like Maine, New Hampshire, Vermont, and New Jersey, New York doesn’t require you to go through the Equal Employment Opportunity Commission (EEOC) first. You can take your case straight to state court.

If you’re dealing with the same situation, call us at (855) 465-4622. We’ll walk through what happened and help you understand your next move.

Racial Harassment Isn’t Just "Jokes" and Slurs

Not all racial harassment is loud or obvious. Sometimes it’s small, repeated slights that pile up and turn your workday into a mental minefield. 

Whether it's offhand comments about your hair, being left out of team events, or hearing someone say something racist and watching no one correct it—that’s harassment. It creates a hostile environment, even if no one touches you or yells.

Legally, harassment happens when offensive conduct becomes severe or pervasive enough to create an abusive work environment. Under Title VII of the Civil Rights Act of 1964 and the New York Human Rights Law, you have a right to work free from race-based hostility. You don’t have to tolerate name-calling, racial stereotypes, mocking your accent, or being assigned menial tasks unrelated to your job.

The NYC Human Rights Law gives even stronger protections by lowering the bar for what counts as harassment. If you're facing behavior that would make a reasonable person uncomfortable at work, even if it's subtle or comes from a peer, you have grounds to act.

The Power Imbalance That Keeps It Going

A big reason racial harassment continues is fear—fear of losing your job, not being believed, or facing backlash. These fears don’t come out of nowhere. They’re shaped by what people experience when they speak up. Here’s how that power imbalance shows up.

• When supervisors are the source of harassment. It’s hard to challenge someone who signs your paychecks. People stay quiet to avoid retaliation. That silence protects the harasser.
• HR brushing things off or blaming the target. You go in with a complaint and walk out feeling like you caused the problem. HR may act more interested in protecting the company than solving it. That sends a message to everyone else not to report.
• Coworkers piling on after one person starts. When racist jokes or comments go unchecked, others feel free to join in. It becomes group behavior. That isolation wears you down.
• Being labeled as “difficult” or “not a team player.” Speaking up often leads to pushback. Suddenly, you're viewed as the problem. Promotions and perks dry up.
• Losing hours or shifts quietly after complaining. Your schedule changes without warning. You get fewer clients, worse shifts, or no overtime. It’s retaliation in disguise.

What to Document While It’s Still Happening

If you’re experiencing racial harassment, documenting what’s happening is one of the best things you can do to protect yourself. It doesn’t mean you’re being dramatic. It means you’re preparing. You don’t need to wait for someone to give you permission to start keeping records.

• Write down slurs, names, dates, and who heard them. Even small details add up. Try to jot things down the same day they happen. These notes can show patterns.
• Save group chat messages or photos from work. Don’t rely on the company to preserve evidence. Keep screenshots or backups on a secure personal device. Some images speak louder than words.
• Keep copies of timesheets if retaliation includes scheduling. If your hours are suddenly cut, you’ll want proof. Compare your past and current schedules. It helps show cause and effect.
• Note emotional impact (anxiety, depression, etc.) for future claims. Courts take emotional distress seriously. Keep a private journal or talk to a mental health professional. Their notes can support your case.
• Track who supported you and who didn’t. Witnesses matter. Even people who said nothing can help prove the environment. Patterns of silence also tell a story.

Who You Can Report to and How to File

If you’re ready to speak up, you have options. In New York, you can report racial harassment to multiple agencies depending on where you work. 

For statewide complaints, the New York State Division of Human Rights (DHR) investigates and enforces the law. If you’re in NYC, you can also file with the New York City Commission on Human Rights.

You can also go federal and file with the Equal Employment Opportunity Commission (EEOC). Most people in New York have up to 300 days from the last act of harassment to file an EEOC claim. 

For DHR, you generally have one year. And thanks to updates in the New York Human Rights Law, you can also go straight to state court within three years without filing with any agency first.

Each path comes with pros and cons. Agency complaints may lead to investigation and mediation. Court filings can result in larger damages and more leverage. The right move depends on your goals and how much time has passed.

Retaliation for Speaking Up Is Also Illegal

A lot of people stay quiet because they’re scared of what happens next. And sadly, they have reason to be. Retaliation happens even in companies that claim to care about equity. Here’s what it can look like.

• Firing or demotion after filing a complaint. You speak up, and then suddenly your job isn’t secure. They may claim “performance issues,” but the timing says otherwise. It’s the most blatant form of pushback.
• Sudden drop in workload or being frozen out. You stop getting assignments or new clients. Your calendar empties. It’s designed to make you feel irrelevant.
• Gossip and targeted exclusion. Coworkers stop talking to you. Rumors start. You’re no longer invited to group lunches or casual chats.
• Negative reviews after months of praise. You were doing great, until you reported harassment. Now everything you do is picked apart. It’s not a coincidence.
• Managers avoiding contact or giving dirty looks. The cold shoulder from leadership can be intentional. It creates tension and sends a message. That kind of behavior chips away at your sense of safety.

What You’re Legally Entitled To

If you’ve been harassed at work because of your race, you’re entitled to more than just an apology. The law allows you to pursue financial compensation and other remedies that aim to undo the damage done. Your case could be worth more than you think.

First, there’s back pay and lost wages. If racial harassment led to lost hours, forced resignation, or wrongful firing, you can claim what you would’ve earned. That includes benefits like bonuses and health coverage.

Then there’s emotional distress damages. The mental toll of working in a hostile environment is real. Courts recognize anxiety, sleep problems, shame, and depression as harms that deserve compensation.

Lastly, there are punitive damages and policy changes. If your employer acted with malice or knew about the harassment and did nothing, they can be ordered to pay more. Some cases even result in changes to training or company culture to prevent future abuse.

You Deserve to Be Heard and Backed Up

You don’t have to carry this alone. Our employment law attorneys at Horn Wright, LLP, stand with New York employees who’ve been racially harassed, ignored, or pushed aside. 

We treat your case with urgency and empathy, because you deserve to feel safe and respected at work. And we’ll push for real accountability.

See why clients trust us to handle their most personal fights. Contact our office today to schedule your complimentary case review.