This is not intended to be legal advice and is based on the most recent laws and executive orders available as of 5/18/2026.
Every day, you show up and give your best effort at work. Yet something doesn’t feel fair about the way your coworkers or boss treat you. You’re starting to wonder: are you experiencing racial discrimination in the workplace? If you are, what can you do about it? Racial discrimination is illegal, and New York state offers protections that expand on federal law. To better understand your situation and your legal options, contact an experienced Rochester attorney, Michelle Cimino. She’ll help you file a claim with the correct bodies to support the best outcome.
What Is Racial Discrimination in the Workplace?
Federal and state laws prohibit discrimination based on certain protected characteristics, including race.
At the federal level, racial discrimination in the workplace happens when an employee or applicant experiences unfair treatment because of their race, color, or traits historically associated with race. Title VII of the Civil Rights Act outlines these protections and separately protects national origin as a distinct class. It applies to employers with 15 or more employees.
At the state level, the New York State Human Rights Law (NYSHRL) expands on these protections in several ways. For instance, it applies to employers of all sizes, with no minimum employee threshold. It also explicitly includes some categories that were only indirectly covered by the Civil Rights Act. Moreover, the 2019 CROWN Act expanded the law to add protections for natural and protective hairstyles.
Some examples of racial discrimination in the workplace include:
- being paid less than a colleague of a different race who holds the same or substantially similar position
- being overlooked in favor of less-experienced candidates of a different race, or being excluded from training or advancement opportunities
- experiencing a hostile work environment due to racial slurs, offensive jokes, threatening comments, or symbols
- being fired because of your race, or being disproportionately laid off while less-qualified employees of other races are retained
Additionally, if your boss fires or otherwise punishes you for reporting discrimination, this may constitute unlawful workplace retaliation, another illegal workplace act. If you’ve experienced any of this, it may meet the legal definition of racial discrimination. As such, you can identify next steps by working with a discrimination lawyer like Michelle Cimino.
Your Legal Options After Racial Discrimination
After experiencing workplace discrimination, several steps can help you pursue compensation and hold your employer accountable. You can file a claim with the NY Division of Human Rights (NYDHR) to pursue damages under state law. Alternatively, you can sue directly in court instead. Both options within the state are subject to a three-year deadline. Claims filed within 300 days automatically cross-file with the EEOC.
Reaching out to an experienced employment discrimination lawyer like Michelle Cimino can help you understand which course of action is best for you. She knows how each avenue functions and which makes the most sense in your situation.
Steps for a Successful Claim
To improve the odds of success for your claim, you should follow key action steps to build a clear, complete case that reflects what happened. Make a point of documenting as much as you can about what you’ve experienced. Record dates, times, and locations to help your attorney build a timeline of events. You should also build a paper trail by saving relevant emails, texts, and performance reviews. A clear record is the foundation of a strong case.
Next, report the incident internally. If you still work at the company, report the discrimination in writing to HR or management. Keep copies of your report and any responses you receive.
Recoverable damages include:
- back pay for lost previous wages
- front pay for lost future wages and benefits, if reinstatement isn’t possible
- compensation for emotional distress
Legally and morally, you deserve to recover damages after what you faced. By bringing on an experienced employment discrimination attorney as early as possible, you’ll be able to meet strict deadlines, build a complete case, and file through the correct avenues to push your case forward. For guidance and support at every step, contact Michelle Cimino. With more than 20 years of experience in employment law, she can walk you through the claims process with confidence and protect your rights.
Speak Privately With an Employment Lawyer
If you’re experiencing unfair treatment because of your race or ethnic background, that’s racial discrimination, and it remains illegal under both federal and New York law. Whether it appears as unequal pay, missed opportunities, a hostile work environment, or wrongful termination, you can take action afterward. Depending on the timeline, you have several options for filing your claim and recovering damages.
If you need legal support, Michelle Cimino has spent the past two decades cementing her reputation as one of Rochester’s most trusted workplace discrimination attorneys. She will help you secure damages for the harm you’ve suffered from workplace discrimination.
Book a consultation with Michelle to take the next step.
