Their Reason Is Their Story. We Investigate Whether It's True.
New York law gives employees more protection than federal law — and more options for fighting back. If you've been treated differently because of who you are, we want to hear what happened.
Discrimination Under New York Law Goes Further Than Most People Realize
Federal anti-discrimination law gets most of the attention, but the New York State Human Rights Law covers a broader set of protected characteristics — and provides stronger remedies. Under the NYSHRL, your employer cannot discriminate against you based on race, color, national origin, sex, religion, age, or disability. But New York goes further: sexual orientation, gender identity and expression, marital status, familial status, domestic violence victim status, and status as a victim of sex offenses are also protected classes.
That distinction matters. Many employees are told they don't have a claim because their situation doesn't fit the federal categories. That's not the full picture under New York law.
Discrimination also isn't limited to being fired. It includes:
- Failure to promote or advance despite qualifications
- Exclusion from assignments, projects, or opportunities given to others
- Unequal pay for equivalent work
- Demotion or reduction in responsibilities
- A hostile work environment created by conduct tied to a protected characteristic
If any of these describes your situation, the next step is understanding which legal theory applies — and how strong your claim is.
Two Legal Theories, One Standard: You Were Treated Differently Because of Who You Are
Most workplace discrimination claims fall under one of two legal frameworks. Understanding which applies to your situation shapes how the case is built.
Disparate Treatment
This is intentional discrimination — your employer treated you differently than similarly situated employees because of a protected characteristic. A supervisor who passes over a qualified employee for promotion and gives the role to a less experienced colleague of a different race is a straightforward example. The evidence centers on how comparator employees were treated and what the decision-maker knew.
Disparate Impact
This theory applies when an employer's policy or practice — neutral on its face — disproportionately harms employees in a protected class without a legitimate business justification. No discriminatory intent is required. If a hiring test, physical requirement, or scheduling policy systematically excludes a protected group, that can be actionable even if the employer never said a discriminatory word.
Both theories are viable under New York law. The right approach depends on the facts of your case.
The Central Battleground in Most Discrimination Cases: Pretext
When an employer is accused of discrimination, they almost always have a reason ready. A performance issue. A restructuring. A policy violation. On paper, it looks legitimate. In practice, it may be a cover.
Pretext is the legal term for an employer's stated reason that masks discriminatory intent. Proving pretext is where most discrimination cases are won or lost — and it's where experience on the defense side matters.
Before representing employees, Ryan Finn spent years at large firms defending corporations in employment litigation. He knows how employers construct their paper trail, how HR departments document adverse decisions, and what internal communications reveal when they're examined carefully. That background now works for you.
Building a pretext argument means looking at the pattern — not just the single decision. Were the stated reasons applied consistently to other employees? Were comparators with similar records treated differently? Did the timeline of events align suspiciously with protected activity? Did the employer's story change?
The answers to those questions are often where discrimination lives.
Filing Deadlines in New York: Know Your Options Before Time Runs Out
Discrimination claims are governed by strict timelines. Missing them means losing your right to pursue the claim, regardless of how strong it is.
- EEOC charge (federal): 180 days from the discriminatory act — extended to 300 days if you also file with the New York State Division of Human Rights (NYSDHR)
- NYSHRL claim filed directly in court: 3 years from the discriminatory act
That third option matters more than most employees realize. In many New York discrimination cases, you can file directly in state court under the NYSHRL without waiting for the EEOC process to conclude. The EEOC route can take years. State court, in the right circumstances, moves faster and preserves more of your remedies.
We evaluate the fastest and most effective path for your specific situation — not just the default one.
Albany-Area Employees We Regularly Represent
Workplace discrimination claims in the Capital District come from across the region's largest employers. We work with employees from New York State agencies and civil service positions, SUNY Albany, Albany Medical Center, St. Peter's Health Partners, and private employers throughout Albany, Schenectady, Troy, Saratoga Springs, and the surrounding area.
Public-sector and civil service employees face additional procedural layers — including civil service protections and agency-specific grievance requirements — that affect how a discrimination claim is structured. We understand those distinctions and factor them in from the start.
If you're in a different part of upstate New York, reach out. We handle employment discrimination cases across the region.
What Our Clients Have Recovered
What Proving Workplace Discrimination in New York Actually Requires
How do I prove workplace discrimination in New York?
You don't need a smoking-gun admission. Under New York law, you can establish a discrimination claim by showing you belong to a protected class, you were qualified for your position, you suffered an adverse employment action, and the circumstances give rise to an inference of discrimination — such as being replaced by someone outside your protected class or treated differently than comparable employees. From there, the burden shifts to your employer to offer a legitimate reason, and then back to you to show that reason is pretext.What if my employer says the decision was based on performance or a business reason?
That's the most common defense, and it doesn't end the case. We investigate whether the stated reason was applied consistently, whether your record actually supports it, and whether the timing or pattern of decisions suggests something else was driving the outcome. Employers rarely say the quiet part out loud — but the evidence often does.Can I file a discrimination claim if I'm still employed?
Yes. You don't have to wait until you're fired. Failure to promote, exclusion from opportunities, unequal pay, and a hostile work environment are all actionable forms of discrimination under New York law, even if you're currently employed. In some situations, acting before termination preserves stronger remedies.What's the difference between filing with the EEOC and filing in state court?
Filing an EEOC charge is required before pursuing federal claims under Title VII. But New York's Human Rights Law allows you to file directly in state court without going through the EEOC process first — and the statute of limitations is three years, longer than the federal window. Depending on your facts, the state court route may be faster and more favorable. We evaluate both options before recommending a path. Does Finn Law handle EEOC charges? Yes. We assist clients with EEOC filings, NYSDHR charges, and direct state court litigation. We also handle cases where an EEOC charge has already been filed and a right-to-sue letter has been issued.
Every Discrimination Case at Finn Law Is Handled by Ryan Finn Directly
We take fewer cases than volume firms because every client deserves more than a case number. When you work with Finn Law, Ryan Finn reviews your situation personally, builds the legal strategy, and handles your case at every stage. You won't be passed to an associate or a paralegal for the parts that matter.
If you've been treated unfairly at work, tell us what happened. We'll tell you what the law says about it — and whether we can help.