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It’s one thing to feel discriminated against at work. It’s another to prove it.
Discrimination cases in New York City can be powerful tools for holding employers accountable, but they require evidence. And not just any evidence. The type, timing, and credibility of what you present can make or break your claim.
Whether you’re facing bias based on race, gender, age, disability, religion, or another protected trait, it helps to know what kinds of proof the law recognizes—and how the local legal system evaluates it.
What Counts as Discrimination?
Before diving into evidence, let’s quickly clarify what we mean by workplace discrimination.
In NYC, discrimination occurs when an employer treats someone less favorably because of a protected characteristic. This includes:
- Race or color
- Gender, gender identity, or sexual orientation
- Age
- Religion
- Disability
- Pregnancy
- National origin
- Marital or caregiver status
Discrimination may show up in hiring, firing, pay, promotions, assignments, or workplace treatment.
The NYC Advantage: A Lower Burden of Proof
One reason discrimination claims are more accessible in New York City is the NYC Human Rights Law (NYCHRL). It’s one of the broadest anti-discrimination laws in the country and doesn’t require the same high burden of proof as federal law.
That means you don’t need to prove your employer was motivated solely by bias. Instead, you must show that your protected status played at least some role in how you were treated.
But that still means coming to the table with evidence.
Types of Evidence That Can Help Your Case
Emails, Texts, and Slack Messages
Direct statements or comments that suggest bias can be very persuasive. Examples might include:
- A manager sending an email that says, “He’s too old to handle this role.”
- A colleague joking in a text that you were only hired to “tick the diversity box.”
- Disparaging messages that reinforce stereotypes
Even if the comments were meant “as a joke,” courts often recognize that repeated microaggressions or inappropriate remarks can contribute to a hostile work environment.
Witness Testimony
Co-workers who saw or heard discriminatory conduct—especially if they’re willing to speak up—can add credibility to your story. This could include:
- Witnesses to an offensive remark or gesture
- Team members who saw unequal treatment
- HR reps who were present at disciplinary meetings or terminations
It’s helpful when witnesses are consistent and not clearly biased in your favor.
Personnel Files and HR Records
Sometimes, the evidence is buried in your own file. Look for:
- Performance reviews that don’t align with later discipline
- Written complaints you’ve filed
- Notes from HR meetings or investigations
- Documentation of who was promoted or disciplined, and why
Inconsistent documentation or suspicious timing can suggest that something else (like bias) may be at play.
Comparative Evidence
Let’s say you were fired after one minor mistake. If other employees outside your protected group made the same mistake without consequences, that’s called comparator evidence—and it can be powerful.
Examples:
- A male coworker with similar performance issues kept his job while you were let go after becoming pregnant
- A white employee was given multiple chances to improve, while a Black employee was immediately fired after a single error
This type of evidence shows unequal treatment for similar conduct.
Timing and Patterns
Discrimination isn’t always about one big moment. Sometimes, it’s about patterns and timing. Examples might include:
- You complained about bias and were demoted shortly afterward
- A new supervisor took over and suddenly pushed older workers out
- Promotions consistently going to one demographic, despite a diverse applicant pool
These patterns can suggest systemic problems, even when no one says anything explicitly discriminatory.
What If There’s No “Smoking Gun”?
You don’t need a recording of your boss saying, “I’m firing you because you’re gay.” Most people know not to say things like that out loud. Fortunately, New York courts recognize that discrimination is often proven through indirect or circumstantial evidence.
The key is showing a chain of events, a pattern of unequal treatment, or a shift in how you were treated after something changed (like your age, disability status, or complaint).
Don’t Wait to Gather Your Evidence
In a perfect world, the facts would speak for themselves. In the real world, discrimination cases often come down to what you can prove—and how well you’ve documented it.
If something feels off at work, start keeping a record. Save those emails. Write down what happened and when. The sooner you act, the stronger your case can be.
At Lipsky Lowe LLP, we help New Yorkers evaluate their workplace situations and gather the proper evidence to move forward. If you’re unsure whether you have a claim, contact us for a confidential consultation.