Workplace Discrimination · California & New York
Color Discrimination Attorney
Dealing with a color discrimination issue? Our California & New York employment attorneys can help you get the compensation you deserve.
Free Case ReviewCommon Color Discrimination Scenarios
What You Can Recover in a Color Discrimination Case
If you have experienced color discrimination, California and New York law give workplace discrimination victims real remedies. Depending on the facts of your case, you may be entitled to:
- Back pay and lost wages caused by the color discrimination
- Compensatory damages for the emotional distress it caused you
- Punitive damages where the employer's conduct was egregious
- Attorney's fees and litigation costs — most employment statutes shift these to the employer when you win
Color Discrimination FAQ
How is color discrimination different from race discrimination?
Color discrimination is based on skin pigmentation, complexion, or shade — independent of race or national origin. It can occur between people of the same race (intra-racial colorism) or different races. Title VII, FEHA, and New York law separately list "color" as a protected characteristic, recognizing it as distinct from race.
Can color discrimination happen within the same racial group?
Yes. Colorism — discrimination based on skin shade within a racial group — is legally actionable. Courts have recognized claims where lighter-skinned supervisors discriminated against darker-skinned employees of the same race, and vice versa. Both California and New York courts have upheld intra-racial color discrimination claims.
How do I prove color discrimination?
Evidence includes comparative treatment of employees with different skin tones, comments about skin color by decision-makers, patterns in hiring or promotion favoring certain complexions, and statistical evidence of color-based disparities. Photographic evidence and testimony from coworkers about differential treatment can also support these claims.
What remedies are available for color discrimination?
The same remedies available for race discrimination apply: back pay, front pay, compensatory damages for emotional distress, punitive damages, and attorneys' fees. Under FEHA, damages are uncapped. The NYC Human Rights Law also provides broad remedies for color discrimination, including civil penalties for employers.
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