Discrimination in the workplace isn’t always obvious. In many cases, it starts subtly—being passed over for promotions, receiving unfair criticism, or suddenly being excluded from meetings. Over time, these patterns can take a toll. If you’re experiencing unfair treatment at work and wondering whether it’s legal—or just wrong—you’re not alone.
New York has some of the strongest employee protection laws in the country. But even so, proving discrimination can be difficult without a clear understanding of what the law protects and what signs to look for.
Common Signs of Workplace Discrimination
Discrimination often appears in patterns rather than one dramatic incident. Here are some red flags:
- Unequal treatment: Are coworkers with similar or less experience receiving better assignments, pay, or promotions? Are you held to different standards without explanation?
- Exclusion: Are you left out of meetings, decisions, or networking opportunities that others in your role are included in?
- Microaggressions or hostility: Repeated jokes, comments, or behaviors that target your identity may not seem serious on their own, but they can add up to a hostile work environment.
- Sudden changes in treatment: Did things shift after you disclosed a disability, became pregnant, or filed a complaint?
While none of these alone guarantees a legal claim, they could be warning signs—especially when tied to a protected characteristic.
Protected Characteristics Under the Law
Under federal, New York State, and New York City laws, it’s illegal for employers to discriminate based on characteristics such as:
- Race or ethnicity
- Gender or gender identity
- Age (40 and over)
- Disability
- Religion
- Sexual orientation
- Pregnancy
- National origin
- Marital or family status
Westchester County adds even more protections, making it one of the most employee-friendly jurisdictions in the country. If you’re in White Plains or another part of Westchester, your rights may be broader than you realize.
When to Talk to HR vs. a Lawyer
If you suspect discrimination, the first step is often to report it to Human Resources or your supervisor. However, if you’re afraid of retaliation or if your complaint has already been ignored, it may be time to speak with an employee rights lawyer.
An experienced attorney can help you understand your legal options and how strong your case may be. In many cases, early legal advice can prevent the situation from getting worse.
How to Preserve Evidence
You don’t need direct proof like a confession to prove discrimination. But you should document everything:
- Save emails, texts, or memos that show bias
- Write down dates and details of conversations
- Keep copies of evaluations or disciplinary actions
- Note who witnessed key events
The more organized you are, the stronger your case will be.
FAQ
What types of discrimination are illegal in NY?
Any employment decision based on race, gender, age, disability, religion, and other protected traits is illegal.
Do I need direct proof to win my case?
No. Circumstantial evidence—like patterns of unfair treatment—can be enough, especially when documented well.
How do I document workplace bias?
Keep detailed notes, save communication, and track any shifts in how you’re treated after asserting your rights.
If you’re experiencing signs of discrimination at work, don’t wait. Call Gash & Associates, P.C. in White Plains at (914) 328-8800. We’re here to protect your rights and help you find the justice you deserve.
