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“How can I be discriminated against when I’m part of the majority?”
It’s a question that’s come up more and more as workplaces make efforts to promote diversity and inclusion. And it’s also where the conversation around so-called reverse discrimination begins.
While the term itself is controversial—some argue it undermines the historical purpose of anti-discrimination laws—it’s still possible for individuals in traditionally overrepresented groups to experience unfair treatment.
In New York City, these situations are treated with the same level of seriousness as any other discrimination claim. But the context matters, and the law is nuanced. Let’s unpack what reverse discrimination actually means, how it fits into employment law, and what it might look like on the job.
What Is “Reverse Discrimination”?
In simple terms, reverse discrimination refers to unfavorable treatment of a person who belongs to a majority or historically advantaged group, often in favor of someone from a traditionally marginalized group. For example:
- A qualified white employee passed over for promotion in favor of a less-qualified candidate of color, solely based on race
- A male employee denied opportunities due to gender-based assumptions during a company’s diversity push
- A younger worker excluded from hiring decisions to meet internal goals on older worker inclusion
The term “reverse discrimination” isn’t used in legal statutes. Still, the concept falls under the broader umbrella of unlawful discrimination when it’s based on a protected characteristic, such as race, sex, age, or religion.
Is Reverse Discrimination Illegal in NYC?
Yes, it can be—if it meets the standards for discriminatory conduct under local, state, or federal law.
New York City has one of the most expansive anti-discrimination laws in the country, known as the New York City Human Rights Law (NYCHRL). Unlike federal law, which often requires plaintiffs to meet a high burden to prove bias, NYC’s standards are more favorable to employees. The focus is less on intent and more on whether the behavior differentially treats someone because of a protected status.
So, if an employer denies someone a promotion or pay increase specifically because they’re white, male, younger, or belong to any other group—whether that group is historically privileged or not—it could be grounds for a discrimination claim under NYCHRL.
Examples of Discriminatory Conduct in the Workplace
Here are a few scenarios that might give rise to a claim of discrimination, regardless of the group involved:
- Hiring or promotion practices that use race or gender as a deciding factor, instead of qualifications or performance
- Diversity policies that unintentionally lead to rigid quotas, rather than inclusive and equitable hiring
- Retaliation against someone who speaks up about feeling marginalized due to their identity
- Hostile work environment created by stereotyping, exclusion, or demeaning treatment of employees in a majority group
Important note: Not every decision aimed at increasing workplace diversity is illegal. Many companies have lawful and valuable programs to support underrepresented talent. The line is crossed when employment actions are based solely on race, gender, or another protected status, regardless of who is impacted.
How Courts Have Handled These Claims
Reverse discrimination claims from individuals in majority groups have long faced extra hurdles—until now. Traditionally, courts in some regions required these plaintiffs to show “background circumstances” suggesting their employer was unusually biased against majority-group members. But that changed with a landmark Supreme Court decision in June 2025: Ames v. Ohio Department of Youth Services.
In a unanimous ruling, the Court made clear that Title VII of the Civil Rights Act applies equally to all individuals, regardless of whether they belong to a majority or minority group. The decision eliminates the need for plaintiffs to provide extra evidence simply because of their group identity. The Court emphasized that the law’s protections are based on individual treatment, not group affiliation.
This aligns with how New York City already handles these claims. Under NYCHRL, there has never been a requirement to prove background circumstances. The law simply asks whether the person was treated differently because of a protected trait.
With both federal and city laws now holding to this standard, reverse discrimination claims are expected to become more prominent, particularly in workplaces with aggressive diversity initiatives.
Fairness Cuts Both Ways
Workplace equality isn’t about turning the tables—it’s about ensuring all employees are judged fairly, treated respectfully, and given the same opportunities, regardless of background. Discrimination is still discrimination, no matter who it targets.
If you believe you’ve been treated unfairly at work because of your race, gender, or another protected trait—even as a member of a majority group—you deserve to understand your rights.
At Lipsky Lowe, we represent employees across the spectrum and are committed to fostering fair and inclusive workplaces. If you’re unsure whether your situation qualifies as discrimination, reach out to us for a confidential consultation.