Color Discrimination Attorney

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.

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.

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.

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.