This is not intended to be legal advice and is based on the most recent laws and executive orders available as of 9/28/2026.
If you think you’re experiencing racial discrimination at work, it’s natural to have questions about your rights and the legal process that might follow. You deserve clarity about the legal steps involved in pursuing a case. So take those questions to a workplace discrimination lawyer near you, like Michelle Cimino.
Here are 5 common questions answered by a Webster employment discrimination lawyer.
Is It a Form of Discrimination at Work To Treat Me Differently Because of My Hairstyle?
Being treated differently because of your hairstyle might be a form of workplace discrimination. New York’s CROWN Act, short for the Creating a Respectful and Open World for Natural Hair Act, clarifies that racial discrimination protections extend to traits such as hair texture and protective hairstyles. The law specifically recognizes protective styles such as braids, twists, and other natural or protective styles. An employer cannot use a grooming policy to single out race-associated hairstyles or label them “unprofessional.” They also can’t enforce standards more harshly against employees of a particular race.
Not every appearance or safety rule is unlawful. For example, a workplace may require all employees to secure long hair when working around machinery, food, or clinical equipment if the rule is genuinely safety-related and applied consistently.
A New York employment lawyer can evaluate whether the facts support a discrimination claim.
Can My Employer Penalize Me for Reporting Racial Discrimination?
An employer may not fire you, demote you, or otherwise penalize you for reporting racial discrimination. This is retaliation, which is illegal according to New York State Human Rights Law.
The protections also apply even if the racial discrimination claim isn’t successful. So long as you reported the alleged discrimination in good faith with a reasonable belief, you’re still protected from retaliation.
Should I Report Racial Discrimination to HR Before Filing a Claim?
You don’t need to go to HR before filing a claim. However, doing so can support the claim you make later on.
New York law does not require you to report racial discrimination to HR before filing a complaint with the New York State Division of Human Rights. You can choose to file externally without first using an internal complaint procedure. However, a written HR complaint can help the process in multiple ways. First, it gives the employer notice. It also creates a paper trail that documents relevant dates and communications.
It can also help establish a retaliation claim if the employer takes action against you after receiving the complaint.
How Long Do I Have To File a Complaint in New York?
The filing deadline depends on where you’re filing the claim and when the discriminatory or retaliatory conduct occurred. Because deadlines are strict, it’s better to act quickly in most cases.
For claims filed with the New York State Division of Human Rights, individuals generally have three years to file complaints involving unlawful discrimination or retaliation that occurred on or after February 15, 2024. For a federal discrimination or retaliation charge with the EEOC, a New York worker generally has 300 days from the date of the alleged discriminatory act to file. Federal Title VII claims generally involve employers with at least 15 employees.
For clarity on how deadlines can affect your claim, speak with a Webster employment lawyer, such as Michelle Cimino. She can provide clarity on the timelines involved in your specific situation.
How Can a Webster Employment Lawyer Help After Racial Discrimination at Work?
A Webster employment lawyer, like Michelle Cimino, can help you in several ways. First, Michelle can help you determine whether workplace conduct may constitute racial discrimination. She may review key pieces of evidence, including:
- workplace policies
- emails and text messages
- performance reviews
- discipline records
Using this information, Michelle can determine whether it makes sense to pursue a claim based on your situation and support you in taking the next steps. In some cases, she may recommend pursuing a claim through HR. In other cases, she may suggest filing with the NYSDHR or the EEOC. If your claim is successful, you could be compensated for economic losses and emotional distress damages.
Take the Next Step: Schedule a Confidential Consultation
Racial discrimination at work can affect your pay, advancement opportunities, job security, and ability to feel safe and respected in the workplace. If you believe you have been treated differently because of your race, you deserve clarity on what to expect next.
A Webster employment lawyer can review the facts of your situation and explain the next steps that make sense for you. Michelle Cimino has almost three decades of experience representing employees in New York who have faced discrimination and retaliation. She’s here to support you as you consider whether it makes sense to file a claim. Schedule a confidential consultation today.
