Workplace Discrimination in New York: Know Your Rights
Despite laws meant to prevent it, discrimination at work still happens.
Consider these stats:
— Roughly 3 in 5 U.S. employees report having witnessed or experienced discrimination in the workplace (age, race, gender, LGBTQ identity).
— Studies show that workplace discrimination prevalence ranges up to 25% for Black women.
— One study found that 63% of workers who filed an EEOC discrimination complaint ended up losing their jobs. This is a striking indicator of how high the risks still are (and why you need a highly-experienced New York employment law attorney in your corner).
If you’ve been passed over, treated differently, or punished because of your race, gender, age, disability, religion, or other legally protected characteristic, you may have a claim under New York or federal law. But before considering filing a claim, let’s make sure you understand the basics….
What Is Workplace Discrimination?
Workplace discrimination occurs when an employer treats an employee less favorably because of a protected characteristic. In New York, protected traits include (but are not limited to): race, color, national origin, sex, gender identity, pregnancy, age (40+), disability, religion, sexual orientation, and citizenship status.
Discrimination can be obvious, but it often shows as subtle, biased treatment. Take for example, being repeatedly passed over for promotion, receiving worse performance reviews than peers, being denied accommodations, or being disciplined more harshly for the same behavior.
How Discrimination May Manifest (Even Indirectly)
A qualified employee is denied a promotion or pay raise while others without their credentials are advanced
A pregnant worker is forced to take unpaid leave rather than being given accommodations
A worker with a disability requests a modification or accommodation and is disciplined or sidelined
Harassing remarks, slurs, or offensive jokes targeting a protected class
Unequal discipline or favoritism contrasted with similarly situated coworkers
Disparate impact: policies that appear neutral but disproportionately harm people in a protected class
How New York Law Protects You
New York has strong anti‑discrimination laws alongside federal protections. The New York State Human Rights Law (NYSHRL) and, in many cases, the New York City Human Rights Law (NYCHRL) often provide broader protection than federal law. They cover more employees, allow more types of claims, and sometimes make it easier to prevail on discrimination claims.
For example, under NYSHRL and NYCHRL, plaintiffs can more readily argue bias without proving “but for” causation, and the local laws may lower the threshold for showing adverse impact.
Case Examples & Notable Settlements
The EEOC recently filed a lawsuit in the Western District of New York (EEOC v. A.W. Farrell & Son) alleging constructive discharge in a sex discrimination context.
In 2025, the EEOC charged Delta Air Lines with rescinding a job offer in New York because of the candidate’s pregnancy, claiming a violation of Title VII.
Utility provider Con Edison agreed to a $750,000 settlement after a state investigation revealed a discriminatory and harassing environment against female field workers, including barriers to promotion and exclusionary conduct.
What to Do If You Suspect Discrimination
Collect evidence: keep performance reviews, emails, memos, pay records, and any communications that show a pattern of differential treatment. Write down a timeline of events.
Make a complaint (in writing) to HR or management. Doing so preserves your right to raise the issue.
Contact an employment attorney to assess your claims, understand timelines, and navigate administrative processes (like filing with EEOC or state human rights agencies).
Do not resign in haste; sometimes “constructive discharge” claims are possible, but legal strategy matters.
What Legal Ally Can Do for You
At Legal Ally, Jessica A. Rounds brings her insider knowledge from defending large corporations to your fight. She can help you assess whether you have a discrimination claim, gather and preserve evidence, and pursue fair compensation. You shouldn’t have to stay silent or accept unfair treatment.
If you believe you've been discriminated against at work because of who you are, you deserve to know your rights and fight back.
Facing Discrimination at Work?
You deserve a safe and fair workplace. If you've been treated unfairly due to your race, gender, age, disability, religion, or other protected characteristic, Legal Ally can help.
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