Race Discrimination as a Cause of Action in New York Under the NYSHRL

Race discrimination as a cause of action in New York under the NYSHRL allows an employee to challenge a harmful workplace decision that was allegedly based on race rather than job performance, qualifications, or other lawful reasons. In practical terms, this means an employer cannot lawfully fire, demote, refuse to promote, reduce pay, or otherwise disadvantage someone because of race. This cause of action applies when a plaintiff can show protected status, qualification for the position, an adverse employment action, and circumstances suggesting that race played a role in the employer’s decision.

Member of a Protected Class

The first element requires the plaintiff to show membership in a protected class. In this context, that means the employee must belong to a racial group protected by New York law.

This element matters because the law does not address every form of workplace unfairness. It specifically prohibits adverse treatment based on protected characteristics, including race. The plaintiff must therefore identify race as the protected characteristic involved in the case. Without protected status, there is no race discrimination cause of action under this framework.

Qualified to Hold the Position

The second element requires the plaintiff to show that he or she was qualified to hold the position. This does not mean the employee must prove flawless performance or show that the employer never had any criticism. The question is whether the employee had the basic skills, experience, training, education, or performance level needed for the job.

This requirement matters because race discrimination as a cause of action in New York under the NYSHRL is not meant to block lawful job decisions based on genuine lack of qualification. If the employee was capable of doing the job, it becomes more plausible that the adverse action may have been driven by discrimination rather than job-related deficiencies.

Terminated or Subjected to Another Adverse Employment Action

The third element is that the plaintiff was terminated or subjected to another adverse employment action. In simple terms, this means the employer took some meaningful negative action affecting the plaintiff’s employment.

Termination is the clearest example, but other adverse actions may include demotion, suspension, denial of promotion, loss of pay, or another serious change in the terms and conditions of employment. Minor annoyances, ordinary disagreements, or unpleasant interactions are generally not enough by themselves. The action must be significant enough to matter in a real employment sense.

Circumstances Giving Rise to an Inference of Discrimination

The fourth element requires the plaintiff to show that the termination or other adverse action occurred under circumstances giving rise to an inference of discrimination. This is often the most disputed part of the case because it asks whether the surrounding facts suggest that race may have played a role in the employer’s decision.

An inference of discrimination can arise in different ways. It may come from racially charged remarks, different treatment of similarly situated employees, suspicious timing, inconsistent explanations, patterns of unequal treatment, or other facts suggesting race-based bias. What matters is whether the circumstances, taken together, support a reasonable inference of discrimination.

Conclusion

Race discrimination as a cause of action in New York under the NYSHRL gives employees a legal framework for challenging workplace decisions allegedly based on race. To establish this cause of action, a plaintiff must show membership in a protected class, qualification for the position, termination or another adverse employment action, and circumstances giving rise to an inference of discrimination. These elements help courts distinguish unlawful discrimination from workplace disputes that may be unfair but do not violate the statute.

FindLaw

“To state a cause of action for race discrimination under the NYSHRL, a plaintiff must plead factual allegations that the plaintiff (1) is a member of a protected class, (2) was qualified to hold the position, (3) was terminated or subjected to another adverse employment action, and (4) the discharge or other adverse action occurred under circumstances giving rise to an inference of discrimination” Alegre v. City of New York, 2024 N.Y. Slip Op. 31850, at 10 (N.Y. Sup. Ct. 2024).