Race has no place in decisions about who gets hired, who advances, or who gets forced out of a job. But when your employer treats you differently because of the color of your skin, your ethnicity, or your national origin, that conduct may violate both federal and New York State law.
Buffalo racial discrimination lawyers at Greenberg Gross LLP advocate for workers across Erie County and Western New York who have experienced racially motivated terminations, workplace harassment, pay inequities, and other forms of bias on the job.
Our trial attorneys pursue race discrimination claims under every applicable federal and state statute, and we have the courtroom preparation to challenge employers of any size.
If your employer treated you unfairly because of your race, call Greenberg Gross LLP at (716) 819-8189 for a free and confidential consultation.
Why Greenberg Gross LLP for Race Discrimination Claims in Buffalo
Racial discrimination claims demand attorneys who grasp the seriousness of what you have lived through and who possess the litigation depth to confront employers that refuse to acknowledge wrongdoing.
Notable Employment Case Outcomes
Our attorneys have obtained a $6.1 million judgment in a whistleblower retaliation matter and a $10 million recovery in a contract dispute, among numerous other significant employment results. Prior results do not guarantee a similar outcome.
Courtroom-Ready from Day One
Our founders left one of the world's largest law firms to build a litigation practice grounded in trial advocacy and careful preparation.
We approach every case with the expectation that it may go to trial, giving our clients experienced representation when settlement negotiations break down and litigation becomes necessary.
A Downtown Buffalo Office with National Backing
Located near the Erie County Courthouse and the U.S. District Court for the Western District of New York, our Buffalo office is supported by a broader national presence that includes offices in Philadelphia, Boston, New Jersey, Costa Mesa, Los Angeles, Las Vegas, New York City, Newark, and Pittsburgh.
This network allows us to provide clients with the resources and capabilities of a multi-office litigation firm while maintaining strong local representation.
A Firm with Conviction
We founded this practice because we believe workers confronting racial bias at work need a legal team that matches the seriousness of the situation. Race discrimination affects your career, your financial security, and your sense of dignity, and we approach every case knowing that.
Speak with a Buffalo employment discrimination attorney today. Call (716) 819-8189 or (855) 255-5515 for a free, confidential case evaluation.
What Laws Protect Buffalo Workers from Racial Discrimination?
Federal and New York State law both prohibit racial discrimination in employment. These laws overlap in many respects but differ in their coverage thresholds, filing procedures, and available remedies, which is why choosing the right legal path matters from the start.
Federal Race Discrimination Statutes
Federal law creates the baseline of protection for employees in the Buffalo area:
- Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating based on race, color, national origin, religion, and sex. Compensatory and punitive damages under Title VII are subject to caps that vary by employer size.
- 42 U.S.C. Section 1981 provides a separate federal cause of action for race discrimination in employment contracts. Section 1981 has no minimum employer size requirement and permits uncapped compensatory and punitive damages, making it a particularly strong avenue for workers at employers of any scale.
These federal laws provide significant protections, but New York adds layers that often benefit employees pursuing race-based claims.
New York State Human Rights Law
The New York State Human Rights Law (NYSHRL) extends workplace protections beyond what federal statutes offer in several ways relevant to employment discrimination cases in Erie County and Western New York:
- The NYSHRL covers employers with four or more employees, reaching many smaller businesses outside Title VII's jurisdiction.
- Race, color, national origin, and ancestry are explicitly protected under Executive Law Section 296.
- The NYSHRL does not cap compensatory damages, providing broader potential recovery than Title VII in many situations.
- New York recognizes disparate impact liability, meaning facially neutral workplace policies that disproportionately affect employees of a particular race may give rise to a claim even without direct evidence of bias. Establishing a disparate impact claim involves a specific burden-shifting framework that requires detailed legal analysis.
For workers in Buffalo and across Western New York, state law frequently offers a more favorable path for workplace race discrimination claims than federal law alone. This general information does not replace legal counsel tailored to your individual circumstances.
What Does Racial Discrimination Look Like at Work?
Racial discrimination at work takes many forms. Some acts are overt, while others are woven into patterns of conduct that accumulate over time and only become clear in hindsight.
Discriminatory Hiring and Advancement
Racial bias may influence who receives interviews, mentorship, and promotions. If your employer repeatedly passes you over for advancement while moving less qualified colleagues of a different race into leadership positions, that pattern may reflect unlawful decision-making.
Racial Harassment and Hostile Work Environment
A racially hostile work environment involves conduct severe or pervasive enough to alter the conditions of your employment. This may include racial slurs, derogatory remarks about your ethnicity or appearance, offensive imagery, or mockery of cultural practices. A single extreme incident or a sustained course of lesser conduct may both support a claim, depending on the severity and context.
Disparate Discipline and Termination
Some employers impose harsher consequences on employees of one race while overlooking identical behavior from others. If you received a written warning, suspension, or termination for conduct that colleagues of a different race engaged in without repercussion, that inconsistency may point to racial bias in disciplinary practices.
Racial Stereotyping in Employment Decisions
Assumptions about work ethic, communication style, leadership ability, or cultural fit rooted in racial stereotypes may form the basis of a discrimination claim. These biases often appear in performance evaluations, hiring notes, or informal feedback from managers and may influence compensation, assignments, and career trajectory.
Retaliation After Reporting Racial Bias
Federal and state law prohibit employers from taking materially adverse action against employees who report racial discrimination, file complaints, or participate in workplace investigations. Retaliation in this context may include:
- Termination or constructive discharge, where conditions become objectively intolerable, following a complaint
- Demotion, salary reduction, or stripping of key responsibilities
- Transfer to less desirable shifts, locations, or assignments
- Exclusion from team meetings, client work, or professional development
- Escalated scrutiny or newly negative performance evaluations without a legitimate basis
Retaliation claims frequently strengthen the overall case because they demonstrate that your employer viewed your complaint as a threat rather than an opportunity to address its own conduct.
Where Do You File a Racial Discrimination Claim in Buffalo?
Filing a race discrimination complaint involves choosing among several agencies and courts, each with distinct deadlines. The right combination depends on your employer's size, the nature of the conduct, and the remedies you want to pursue.
New York State Division of Human Rights
The DHR investigates complaints under the NYSHRL. You must file within one year of the most recent discriminatory act.
The DHR offers mediation and may hold administrative hearings. Filing with the DHR generally waives your right to bring the same state-law claims in court, with limited exceptions.
New York State Court
You may file a racial discrimination lawsuit directly in Erie County Supreme Court without going through any administrative agency. The NYSHRL provides a three-year statute of limitations, and this path opens access to a jury trial and the full spectrum of court-ordered remedies including punitive damages.
U.S. Equal Employment Opportunity Commission
The EEOC handles federal race discrimination charges under Title VII. You generally have 300 days to file. The EEOC and DHR maintain a work-sharing agreement allowing cross-filing to preserve claims under both federal and state law.
Federal Court Under Section 1981
Race discrimination claims under 42 U.S.C. Section 1981 may go directly to the U.S. District Court for the Western District of New York without any prior administrative filing. The statute of limitations is four years for claims arising after 1990, and there is no minimum employer size.
Punitive damages under Section 1981 are not subject to the caps that apply under Title VII.
Missing any of these windows may permanently close that particular avenue. A workplace race discrimination attorney in Buffalo helps you build a filing strategy that preserves every available claim.
What Damages May Be Available in a Buffalo Racial Discrimination Case?
If your employer engaged in unlawful racial discrimination, you may be entitled to several forms of monetary and equitable relief. The recoverable damages vary based on the statutes at issue, the forum you choose, and the specific facts of your case.
Workers who prevail in race discrimination claims may recover:
- Back pay for lost wages, salary, and employment benefits from the date of the adverse action through resolution
- Front pay for projected future lost earnings when reinstatement is not a viable option
- Compensatory damages for emotional suffering, mental anguish, and damage to professional standing (uncapped under the NYSHRL and Section 1981; capped under Title VII based on employer size)
- Punitive damages to address willful or egregious conduct (available in court under the NYSHRL and Section 1981 without caps; available under Title VII but subject to statutory limits; not available through the DHR)
- Attorney's fees and litigation costs, recoverable under Title VII, Section 1981, and the NYSHRL
The interplay between these statutes makes strategic filing decisions directly relevant to your potential recovery. Get help evaluating your claim by calling (716) 819-8189 for a confidential consultation.
Ask Greenberg Gross
How do I know if what happened to me qualifies as racial discrimination?
Racial discrimination occurs when an employer takes a materially adverse action, such as termination, demotion, denied raises, or creating a hostile work environment, because of your race, color, ethnicity, or national origin. Direct evidence like racist remarks can support a claim but is not required. Disparate treatment, suspicious timing, or inconsistent explanations may also indicate discrimination.
What if nobody else witnessed the discrimination?
Many successful race discrimination cases proceed without eyewitness testimony. Emails, text messages, performance records, HR complaints, pay data, and your own contemporaneous written accounts all serve as valuable evidence. Statistical patterns in how employees of different races are hired, disciplined, or promoted at your workplace may also support your claim.
Can I file a racial discrimination claim after I already resigned?
Yes. If you left your position because your employer created objectively intolerable working conditions driven by racial bias or harassment, you may have a constructive discharge claim. This legal theory treats your resignation as the equivalent of a termination when the conditions were so severe that a reasonable person in your position would have felt compelled to leave.
Does my employer have to be a certain size for me to have a case?
It depends on which statute applies. Title VII covers employers with 15 or more employees. The NYSHRL reaches employers with four or more. Section 1981 has no employer size threshold at all, which means you may pursue a federal race discrimination claim regardless of how many people your employer has on payroll.
FAQs for Buffalo Racial Discrimination Lawyers
How long do I have to file a racial discrimination claim in Buffalo?
Under the NYSHRL, you have three years from the discriminatory act to file in state court, or one year to file with the DHR. Federal Title VII charges must reach the EEOC within 300 days. Section 1981 claims carry a four-year limitations period in federal court for post-1990 claims. These deadlines overlap and run at the same time, so reaching out to an attorney promptly preserves your widest range of legal options.
What evidence supports a racial discrimination case in New York?
Strong race discrimination cases draw on emails, personnel records, disciplinary files, compensation data, witness statements, and records documenting how your employer treated employees of different races in comparable situations. A clear timeline linking your racial identity or your decision to report bias to a negative employment action reinforces your claim. Your attorney works with you to secure and organize this evidence early in the process.
How much does a racial discrimination lawyer in Buffalo cost?
Greenberg Gross LLP handles race discrimination cases on a contingency fee basis. You pay nothing upfront, and attorney's fees come from the recovery in your case. If there is no recovery, you typically owe no attorney's fees. Your fee agreement outlines any responsibility for specific litigation expenses.
What if my employer says I was fired for legitimate performance reasons?
Employers routinely cite job performance to justify adverse actions, even when racial bias played a role. An attorney investigates whether the stated reason aligns with your actual record, whether employees of a different race received more lenient treatment for comparable conduct, and whether the timing or circumstances suggest the explanation is pretextual. Gaps and contradictions in the employer's narrative frequently undermine its position.
Can I pursue a claim while I am still working for the same employer?
Yes. You do not need to resign or wait for termination to take legal action. Federal and New York law prohibit employers from retaliating against workers who report racial discrimination or file complaints while still employed. Continuing in your role often preserves access to ongoing evidence and strengthens your position throughout the legal process.
Contact a Buffalo Racial Discrimination Attorney at Greenberg Gross LLP
Racial discrimination at work is not something you have to accept or face without legal support. Federal and New York law provide real remedies for employees who have been targeted because of their race, but those remedies only matter if you act while filing windows remain open and evidence is still available.
Greenberg Gross LLP represents workers throughout Erie County and Western New York from our office at 1 Seneca Street in downtown Buffalo. We bring the full capacity of a nationally recognized litigation firm to every race discrimination case.
Call (716) 819-8189 or (855) 255-5515 today for a free, confidential consultation. Your right to a workplace free from racial bias is worth protecting, and we are ready to stand with you.