Discrimination in the Workplace
New York employment attorney – (212) 600-9534
Workplace discrimination is a sensitive issue to American workers from all economic strata and social backgrounds. Many employees are mistreated or discriminated against in the workplace, and many are made to endure unjust treatment by their employers. Whether you work for a small business or a global corporation, you are entitled to fair and equal treatment.
Nisar Law Group, P.C. and our team of New York employment law attorneys can provide you with intelligent, strategic legal counsel if you have been discriminated against in your place of work. We have the knowledge to handle discrimination cases at every level of the business sector, including national and international matters.
Contact our firm today to get a better understanding of your rights and options in such a delicate legal case.
Federal and State Level Protected Classes
A protected class is any sort of characteristic or identifying factor of an individual that cannot be disrespected, disregarded, or targeted by discrimination in the workplace. Most workplaces do not need to adhere to protected class regulations as long as 14 or less employees hold occupation there.
Federal protected classes include:
- Race
- Color
- Nationality
- Religion
- Sex
- Pregnancy
- Disability
- Age – applies to 40 years or older
- Citizenship
- Genetic information
New York State also recognizes the following as protected classes:
- Marital status
- Sexual orientation or preference
- Military service or history
- Political affiliation
- Service dog necessitation
- Criminal accusations
- Victim of domestic violence
- Sabbath observance
- Participation in any lawful activity outside work
- Familial Status
- Gender Identity
- Prior arrests
What Employers Are Required to Comply with Anti-discrimination Laws?
Any employers that have 15 employees or more are under federal anti-discrimination laws excluding age discrimination (needs 20 employees or more), discrimination because of citizenship status (needs 4 employees or more) and equal pay between women and men (any number of employees). The state of New York’s anti-discrimination law includes any employers that have four or more employees.
If you have been discriminated against, you can call the Equal Employment Opportunity Commission (EEOC) that regulates discrimination in the workplace. This is the federal agency that handles workplace discrimination and the Division of Human Rights enforces the anti-discrimination law within the state of New York.
Potential Forms of Discrimination
New York employment discrimination law defines workplace discrimination as any special or unique treatment given, or not given, to an employee based on a protected class. For example, it would be unlawful to fire – or not hire – an applicant merely because he/she was 41 years old.
Actions that could potentially lead to a discrimination lawsuit include:
- Hiring or firing an employee
- Promotions or demotions
- Raises or cost cuts
- Employee scheduling
Find an Amicable Solution Quickly – Call (212) 600-9534
Our New York employment lawyer can provide professional guidance backed by unrivaled understanding of employment law for your discrimination claim. We will explore all possible avenues to end the confrontation as smoothly as possible. In some situations, this may mean discussing negotiations or settlements. In other cases, preparing for litigation to tenaciously fight for your rights may be necessary.
Experienced discrimination in the workplace? Learn more about your options in detail during an initial case evaluation.
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Frequently Asked Questions About: Employment Discrimination
Workplace discrimination occurs when you’re treated unfavorably because of protected characteristics like your race, color, religion, sex (including pregnancy and gender identity), national origin, age (40 or older), disability, or genetic information. This includes all aspects of employment—hiring, firing, promotions, job assignments, pay, benefits, training, and other terms of employment.
Discrimination can be direct (openly treating you differently) or indirect (policies that seem neutral but disproportionately affect protected groups). It also includes harassment that creates a hostile work environment, retaliation for reporting discrimination, and failure to accommodate disabilities or religious practices.
The key is that the unfair treatment must be connected to a protected characteristic. General workplace unfairness, while frustrating, isn’t illegal discrimination unless it’s based on one of these protected categories. However, patterns of “general” unfairness often reveal underlying bias when examined closely.
Start documenting everything immediately—dates, times, witnesses, and specific details of discriminatory incidents. Keep copies of emails, performance reviews, and any other relevant documents. Create a timeline showing patterns of discriminatory treatment and how it differs from how others are treated.
Follow your company’s internal complaint procedures if they exist, but know that this isn’t required before filing external complaints. You can file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180-300 days of the discriminatory act, depending on your state’s laws.
Consider consulting with an employment attorney early in the process. Many offer free consultations and can guide you on the best approach for your situation, help you avoid common pitfalls, and ensure you don’t miss important deadlines. Don’t wait until the situation becomes unbearable—early action often leads to better outcomes.
When reporting discrimination to HR, be specific and factual. Clearly state that you believe you’re experiencing discrimination based on a protected characteristic—don’t just say you’re being treated “unfairly.” Provide specific examples with dates, witnesses, and details about how the treatment differs from how others are treated.
Put your complaint in writing and keep a copy for your records. Include what discriminatory actions occurred, who was involved, when they happened, and any witnesses. Request a written response and timeline for investigation. Ask about the company’s anti-retaliation policy and document that you’ve made a good faith complaint.
Be prepared that HR’s primary loyalty is to the company, not to you. While many HR departments handle complaints appropriately, some may try to minimize the situation or protect the company’s interests. That’s why it’s important to document your complaint and consider external options if the internal process doesn’t resolve the issue.
A common example is when a qualified woman is passed over for promotion repeatedly in favor of less qualified male colleagues, with supervisors making comments about women “not being tough enough” for leadership roles or assuming she’ll quit when she has children.
Another example is an older employee who receives excellent performance reviews for years, but suddenly faces criticism about being “resistant to change” and “not a good cultural fit” after a younger supervisor is hired. The employee is then excluded from training opportunities and eventually terminated while younger, less experienced workers are retained.
Discrimination can also be more subtle—like an employee with a disability who requests reasonable accommodations but is told they’re “asking for special treatment,” then faces social isolation and increased scrutiny of their work performance. These patterns of differential treatment based on protected characteristics are what make workplace treatment discriminatory rather than just unfair.
Proving discrimination requires showing that you were treated differently because of a protected characteristic. The strongest evidence is direct proof—discriminatory comments, emails, or policies that explicitly reference your protected status. However, most discrimination cases rely on circumstantial evidence that shows a pattern of unfair treatment.
Key evidence includes comparative treatment (how similarly situated employees outside your protected class were treated differently), timing (adverse actions occurring shortly after complaints or protected activity), and statistical evidence (if discrimination appears to affect multiple people in your protected class).
Document everything: performance reviews, emails, witness statements, and specific incidents with dates and details. Look for patterns rather than isolated incidents. Keep records of your qualifications and performance to counter any pretextual reasons your employer might give for adverse actions. The more comprehensive your documentation, the stronger your case becomes.
Unfair treatment at work becomes illegal discrimination when it’s based on protected characteristics like race, gender, age, religion, disability, or other legally protected categories. This might include being held to different standards than colleagues, receiving harsher discipline for similar infractions, being excluded from opportunities or meetings, or facing hostile behavior.
Examples include being assigned less desirable tasks while others get plum assignments, having your ideas dismissed or credited to others, receiving different performance standards, or being subjected to offensive comments or “jokes” about your protected characteristics.
However, not all unfair treatment is illegal discrimination. Employers can generally treat employees differently for business reasons, personal preferences, or even arbitrary reasons—as long as the treatment isn’t based on protected characteristics. The key question is whether the unfair treatment is connected to your membership in a protected class.
Compare your treatment to similarly situated colleagues who aren’t in your protected class. Are you held to different standards, given different opportunities, or subjected to different consequences for similar behavior? Look for patterns rather than isolated incidents.
Pay attention to the language used around you—are there comments about your age, race, gender, or other protected characteristics? Do supervisors make assumptions about your abilities, commitment, or future plans based on stereotypes? Even seemingly innocent comments can reveal underlying bias.
Document specific incidents and look for timing patterns. Did your treatment change after you complained about discrimination, requested accommodations, took protected leave, or disclosed a protected characteristic? Sudden changes in how you’re treated, especially after protected activities, can indicate discrimination or retaliation.
Yes, and in some cases, you may be able to treat your resignation as “constructive discharge“—essentially arguing that you were forced to quit because of intolerable discriminatory conditions. This allows you to pursue the same remedies as if you were fired, including unemployment benefits and legal claims.
To establish constructive discharge, you must show that working conditions became so intolerable that a reasonable person would feel compelled to resign, and that these conditions were created because of discrimination. This is a high legal standard that requires significant evidence of severe discrimination.
Before quitting, document the discriminatory conditions thoroughly and consider whether internal complaints or external legal action might resolve the situation. If you resign due to discrimination, file for unemployment benefits and consult with an employment attorney about your legal options—you may be entitled to back pay, front pay, and other damages.
A hostile work environment exists when harassment or discriminatory conduct becomes severe or pervasive enough to create an intimidating, hostile, or offensive workplace for someone in a protected class. The conduct must be based on protected characteristics—not just general rudeness or incivility.
Examples include repeated slurs or offensive comments about your race, gender, religion, or other protected characteristics; unwelcome sexual advances or requests; displaying offensive images or materials; or creating an atmosphere where discriminatory “jokes” or comments are common and tolerated.
The harassment must be severe (a single serious incident) or pervasive (repeated incidents over time) and must unreasonably interfere with your work performance or create an objectively hostile environment. Importantly, your employer can be liable if they knew or should have known about the harassment and failed to take appropriate corrective action.
Subtle discrimination often appears through patterns rather than obvious discriminatory statements. Look for statistical evidence—are promotions, pay raises, or opportunities disproportionately going to people outside your protected class? Document these patterns with specific data and examples.
Pay attention to coded language that might mask bias—terms like “cultural fit,” “aggressive” (often applied differently to women), “over-qualified” (sometimes code for “too old”), or “not ready” for opportunities. These seemingly neutral terms can reveal discriminatory intent when applied inconsistently.
Gather comparative evidence by documenting how you’re treated versus similarly situated colleagues. Keep records of performance reviews, meeting invitations, project assignments, training opportunities, and social interactions. Small differences in treatment can add up to show a pattern of discrimination that would be hard to see in isolation but becomes clear when documented systematically.