What Are Micro Aggressions?

The Modern Face of Workplace Racism

In today’s professional landscape, racism in the workplace has evolved. Overt bigotry has often been replaced, or exists alongside a more insidious form of harm known as “invisible racism”, which manifests as a constant barrage of subtle yet corrosive comments and behaviors called micro-aggressions. For employees who are the target of this conduct, the experience can be quite damaging, leading to self-doubt and a sense that, maybe they are being overly sensitive, or that these comments aren’t meant to stir such a reaction. This raises a critical legal question: At what point do these seemingly small slights cross the line from mere insensitivity to legally actionable racial harassment? While federal law sets a high bar, the laws in New York State and New York City can offer powerful protections for individuals. This entry on our blog offers employees an empowering guide with clear legal analysis on how to effectively document and build a strong case to address unlawful discrimination. These concerns of a hostile work environment can help them take meaningful action toward positive workplace change.

What Are Microaggressions?

Micro-aggressions are, according to the University of Edinburgh, “everyday verbal, non-verbal and environmental slights, snubs or insults, whether intentional or unintentional, which communicate hostile, derogatory or negative messages to target persons based solely upon their marginalized group membership”. The perpetrator’s intent is not the deciding factor; the emotional impact on the recipient is what matters. They are active manifestations of oppressive worldviews that create and enforce marginalization. Understanding their forms, as some are listed below, is the first step to identifying them.

Microassaults: These are conscious and deliberate attacks meant to harm individuals, closely resembling “old school” racism. An example in the workplace is using a racial slur or telling a racist joke. A single, severe micro assault can even be enough to create a hostile work environment.

Microinsults: These are subtle, often unconscious communications that demean a person’s racial identity, frequently disguised as compliments. An example of a microinsult in the workplace would be telling a Black colleague, “You’re so articulate,” which implies surprise that a member of their race would be intelligent.

Microinvalidations: These are communications that negate or nullify the reality of a person of color’s experiences. An example of this in the office would be a colleague stating, “When I look at you, I don’t see color,” which denies the significance of the person’s racial identity and experiences. This particular quote has been at the apex of a lot of conservative beliefs in regards to race relations and microaggressions in the workplace, and the world at large.

The Cumulative Impact: From Emotional Distress to a Hostile Work Place

The legal significance of micro-aggressions is grounded in recognizing their real, measurable effects and the importance of addressing them. A persistent pattern of this conduct can create psychological stress, including heightened anxiety and emotional fatigue, underscoring why intervention and support are so vital. By acknowledging this impact, workplaces can take proactive steps to create healthier, more supportive environments. This recognition also highlights professional stakes—addressing these issues early can help preserve employee engagement, well-being, and retention by fostering environments where people feel genuinely valued and safe.

The strength of addressing micro-aggressions lies in understanding their cumulative power. While individual moments may seem minor, recognizing a relentless pattern of behavior allows organizations and legal systems to intervene meaningfully. This cumulative perspective is what establishes the conduct as “pervasive” from a legal standpoint, transforming a series of incidents into a demonstrable pattern of behavior that warrants protection and remediation. By identifying these patterns, employees and employers can work together to dismantle stereotypes, break unhelpful cycles, and build workplaces where everyone has the opportunity to thrive and advance in their careers without unnecessary barriers.

The Tri-Level Legal Framework for Harassment Claims in New York

For an employee in New York, legal rights are defined by three distinct bodies of law. Conduct that may not meet the high threshold for a federal claim could be actionable under the more protective laws of New York State and New York City.

Federal Standard (Title VII): The foundational law, specifically Title VII of the Civil Rights Act of 1964, prohibits discrimination based on race as well as other characteristics. Under federal law, harassment must meet a “severe or pervasive” standard to be actionable. Employers with 15 or more employees are covered. However, employers have access to the Faragher/Ellerth defense, which allows them to avoid liability if they can demonstrate they took reasonable care to prevent harassment and the employee failed to use available internal procedures.

New York State Human Rights Law (NYSHRL): The New York State Human Rights Law offers broader protections. The governing standard requires that conduct rise above “petty slights or trivial inconveniences,” which is a lower threshold than the federal requirement. Importantly, New York explicitly eliminates the Faragher/Ellerth defense, making it unavailable to employers. The law applies to all employers in the state regardless of size.

New York City Human Rights Law (NYCHRL): New York City law offers the most expansive protections of the three jurisdictions. The standard focuses on whether an employee has been “treated less well” due to membership in a protected class. Like New York State law, the Faragher/Ellerth defense is unavailable, and employers face strict liability when harassment is committed by supervisors. The law covers employers with 4 or more employees, creating a lower threshold for employer coverage than either federal or state law.

A Quick and Easy Guide to Proving a Claim of Racism

By taking methodical steps, it is possible to build a strong case and hold an employer accountable for tolerating a hostile work place.

Document Everything About Your Situation

Contemporaneous documentation is the most critical element in proving a claim based on micro-aggressions. In a personal log, record every incident by noting the date, time, and location where it occurred. Include detailed information about who was present, specifically identifying the perpetrator and any witnesses who observed the interaction. Document what was said or done with precision, using verbatim quotes whenever possible to capture the exact language used. Record the context surrounding the incident, including any relevant background circumstances that may have contributed to or influenced the situation. Describe the emotional impact it had on you, such as feelings of humiliation, anxiety, isolation, or other distressing emotions you experienced. Additionally, preserve all digital evidence like emails or chat messages, as these can serve as corroborating proof of the incidents you document.

Report the Harassment

Once you have compiled comprehensive documentation, report the behavior to create an official record that documents the incidents formally. For internal reporting, follow your company’s established procedures, which typically involve submitting a written report to your HR department or a supervisor. This formal documentation puts the employer on notice of the harassment and creates an official record within the organization. If the company receives notice of the harassment but fails to take appropriate action, this significantly strengthens the employer’s potential legal liability. Alternatively, you have the right to file a formal charge of discrimination with a government agency, such as the U.S. Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights (DHR), or the New York City Department of Human Rights (NYCDHR). When considering external reporting, be mindful of the strict filing deadlines that apply with each respective agency, as missing these deadlines could jeopardize your ability to pursue legal remedies.

Consult a Workplace Discrimination Attorney

Navigating this process alone is overwhelming. An experienced NY racial discrimination lawyer provides critical strategic assistance by evaluating your evidence, advising on the best venue for your claim, protecting you from illegal retaliation, and building your documented incidents into a compelling legal narrative that demonstrates a pattern of behavior constituting a hostile work environment.

Defend Your Peace – Contact a Discrimination Lawyer Now

Micro-aggressions are far more than jokes or insensitivity; they represent a recognized form of racism with tangible, meaningful consequences that absolutely deserve to be addressed and remedied. While federal law establishes a notably high bar for protection, the progressive laws in New York State and New York City offer genuinely robust protections against hostile work environments built on these subtle yet deeply damaging behaviors. Proving a claim is entirely achievable through strategic documentation, careful evidence gathering, and expert legal guidance, empowering you to take meaningful and impactful action toward change. 

Call a New York Employment Law Attorney Now

If you are experiencing this type of conduct, know that your feelings are completely valid, your experiences genuinely matter, and your rights are fully protected under law. An experienced NY racial discrimination lawyer can help you understand the comprehensive scope of those rights and thoughtfully explore your legal options; we are committed to guiding you on a positive path toward meaningful resolution that transforms your situation for the better. We at Filippatos PLLC stand in proud solidarity with any and all workers facing discrimination in the workplace, including those in diverse communities. If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.