Partner
Last Updated: February 13, 2026
Key Takeaways
– Inappropriate interview questions about age, family status, disability, gender identity, or other protected traits may signal unlawful bias.
– Unequal pay, being passed over for promotion, or inconsistent discipline may indicate discrimination if tied to a protected characteristic.
– Harassing or demeaning comments that are severe or persistent can create a hostile work environment under federal, state, or local law.
– Employees who suspect discrimination may benefit from consulting firms such as Lipsky Lowe LLP to evaluate whether legal protections apply and what next steps are available.
Employment discrimination can take many forms, from obvious misconduct to subtle patterns that are easy to overlook. In New York workplaces, unlawful discrimination often occurs during hiring, pay decisions, promotions, discipline, and everyday interactions with supervisors and coworkers. Recognizing the warning signs early can help employees understand whether unfair treatment may be tied to a protected characteristic and whether legal protections apply. Knowing what to look for is often the first step toward protecting your rights under federal, state, and local employment laws.
Inappropriate Questions During a Job Interview
An early sign of a discriminatory workplace can appear during the hiring process. If a hiring manager asks a candidate inappropriate questions during an interview, this may indicate bias before employment even begins. These questions often relate to personal characteristics that are protected under federal, state, or local law.
Examples of potentially inappropriate or discriminatory interview questions include:
– Inquiries about marital status, family plans, or pregnancy
– Questions about disabilities, medical conditions, or the need for accommodations
– Comments or assumptions about a candidate’s sexuality or gender identity
How a Lack of Workplace Diversity Can Signal Bias
A more obvious sign to look for is if the company lacks diversity in its workforce. For example, if you notice the employees are all of the same race, age, or gender, this may be an indication of a culture of discrimination. Diversity and inclusion are hallmarks of a positive culture because a company should understand people’s differences and the value of the unique skills and experience they can bring. Ultimately, there should be no bias in the hiring process.
Harassing or Demeaning Communication as Discrimination
The way your employer or colleagues communicate with you is essential. While people like to make jokes, offensive comments about a person’s race, gender, or other protected characteristics are signs of discrimination, as are harsh or belittling comments. Offensive remarks that are severe and persistent can create a hostile work environment, and your employer can be held liable for discrimination if this occurs.
When Unequal Pay Raises Legal Red Flags
Employers often prohibit their employees from discussing their salaries with their coworkers because it may expose unfair pay practices. However, you have a right to discuss your salary under federal and state law. If you learn that a coworker who has the same position and experience as you earns more, this may be a sign of discrimination, especially if the other person is of a different gender, age, or race.
Being Passed Over for Promotions Without a Fair Explanation
In addition to unequal pay, another sign of workplace discrimination is employers who overlook certain workers for promotions. Employees should have a fair chance of being promoted when they deserve it. If you’ve been working hard for years and have the skills and experience for a higher position but get passed over in favor of someone less qualified, you may have a basis for an employment discrimination claim.
Unjust Discipline After Complaints or Protected Activity
Discriminatory conduct in the workplace can also occur when managers or supervisors take unfair disciplinary actions against an employee. In some cases, employers use discipline as a strategy to build a record that justifies termination, particularly after an employee raises concerns about discrimination, harassment, or wages.
Unjust disciplinary actions may include:
- Disciplining one employee for conduct that others are not penalized for
- Applying workplace rules inconsistently or selectively
- Issuing sudden write-ups after an employee reports discrimination or harassment
- Closely scrutinizing an employee’s performance without a clear reason
- Using minor or exaggerated infractions to justify termination
When discipline appears retaliatory or is applied unevenly, it may support a claim of employment discrimination or unlawful retaliation under federal, state, or local law.
Taking the Next Step When Discrimination Is Suspected
Workplace discrimination can affect anyone and often leads to long-term consequences, including lost income, stalled career growth, and reputational harm. Even with strong federal, state, and local protections in place, discriminatory practices continue to occur in New York workplaces. If you believe unfair treatment may be linked to a protected characteristic, contact an employment attorney at Lipsky Lowe LLP. We represent employees across New York and can help assess whether your experience may support a discrimination claim.