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How Specific Do My Complaints Of Race Discrimination Need To Be?

by | Jun 10, 2025 | Employment Discrimination, Employment Law, Federal Law Update, Race Discrimination, Retaliation, Wrongful Termination |

A frustrated Black employee sitting at a desk looking at paperwork

Details matter. Imagine someone telling you that a movie is “good.” That tells you nothing. But if they said, “It had incredible cinematography, a twist ending that blew my mind, and a soundtrack that gave me chills,” suddenly you are intrigued. In law, as in life, the general story is never enough. The devil, as they say, is in the details.

That is especially true in employment law claims like wrongful termination, employment discrimination, and retaliation. Many employees know something felt wrong about how they were treated, but without evidence, specifics, or legal framing, they may not get far in court. The recent case of McKinney v. County of Dutchess, No. 24-1195, 2025 WL 1499364 (2d Cir. May 27, 2025), proves just how critical details are—and how having an attorney can make or break a case.

Stephanie McKinney worked for the Dutchess County Sheriff’s Department. She claimed that after she was injured, she was forced to return to work sooner than her white coworkers who had similar injuries – race/color discrimination. On top of that, she alleged harassment while on unpaid medical leave and retaliation after reporting race discrimination. But the United States Court of Appeals for the Second Circuit affirmed the dismissal of her case—because she did not provide enough specific facts.

The United States Court of Appeals for the Second Circuit held that “bald allegations” that others were treated better were not enough to support an equal protection claim. It emphasized that McKinney “provide[d] no detail as to the nature of the injuries sustained by those officers or the length of their recovery periods. These allegations thus do not nudge McKinney’s claim ‘across the line from conceivable to plausible.’” Id. at *1 (quoting Twombly).

This ruling highlights an important truth: vague complaints will not protect your rights. But detailed, well-documented facts just might. That is why every employee dealing with employment discrimination needs the best lawyer on their side.

What Happens If I Am Treated Differently As A Black Employee Than My White Coworkers On The Job?

To establish a claim for disparate treatment under Title VII, an employee must show that they are a member of a protected class, were qualified for their position, suffered an adverse employment action, and that the employer treated them less favorably than similarly situated individuals outside their protected class. This comparison must be based on objective, factual similarities relevant to job responsibilities and conduct.

If you are a Black employee who was injured and then rushed back to work, while your white coworkers were given time to heal, it may seem like a clear case of discrimination. But proving that in court is more complex. The law requires that you show you were treated differently than others who are “similarly situated.”

In McKinney’s case, she tried to do that. She claimed that white officers were given longer medical leave than she was. However, she did not describe what those officers’ injuries were, how long their recovery took, or what her own recovery looked like. Without that, the Court held that she had not shown disparate treatment. As the Court stated, “most of the employees that the complaint referenced committed some form of misconduct… thus were not similarly situated to McKinney.”

Now imagine she had said, “Officer Smith, a white male, broke his ankle on duty and was allowed to stay home for six weeks with full pay. I tore a ligament, a comparable injury, and was forced back after two weeks without pay.” That could change everything.

That is why working with an employment law attorney early can make all the difference. An attorney knows how to gather evidence, frame comparisons, and preserve claims before it is too late. If you feel you were treated differently, do not wait. Document your experience and talk to a lawyer who focuses on employment discrimination.

Best Race Discrimination Lawyer Blogs on Point:

Is Being Harassed About My Health While On Leave A Hostile Work Environment?

It can be. But again, the specifics matter.

To succeed on a hostile work environment claim under Title VII, an employee must prove that the harassment was objectively severe or pervasive enough to create an environment that a reasonable person would find hostile or abusive, and that the employee personally perceived as hostile. Importantly, the conduct must be linked to the employee’s protected characteristic, such as race. The court will consider the frequency, severity, and context of the behavior to determine if it crosses the legal threshold.

McKinney said she was harassed about her health while on unpaid medical leave. Sounds bad, right? But the Second Circuit Court of Appeals said that was not enough to support a hostile work environment claim under Title VII.

To make a hostile work environment claim stick, employees must allege facts showing that the harassment was both objectively severe or pervasive and subjectively abusive to them. McKinney did not say how often she was contacted, what the content of the conversations was, or how long it went on. Without that, the Court held she did not meet the legal threshold. McKinney, 2025 WL 1499364 at *2.

Consider how different the outcome might have been if she had written, “While I was recovering from surgery, my supervisor called me five times a week for three months, demanding that I prove I was actually sick and accusing me of faking.” That level of detail would have painted a very different picture.

So, if your employer is harassing you while you are on leave, write it down. Record dates, times, quotes, and effects on your mental health. Then call the best attorney for employment law claims who can use that information to fight for your rights.

Best Racially Hostile Work Environment Attorney Blogs on Point:

Can I Be Fired For Complaining About Discrimination Against Black Employees?

You cannot legally be fired in retaliation for reporting race discrimination. To prove a retaliation claim under Title VII, an employee must show three things: (1) that they engaged in protected activity, such as reporting discrimination; (2) that their employer took a materially adverse employment action against them; and (3) that there is a causal connection between the protected activity and the adverse action. Without clear evidence linking the complaint to the punishment, courts are unlikely to find in the employee’s favor.

But once again, the law demands more than just your word that it happened.

McKinney alleged that she complained about unfair treatment of Black officers and was then fired. But she did not say when she complained, who she complained to, or how soon after she was terminated. The Court found her “bare assertion” that she was fired for speaking up insufficient to show a plausible connection. McKinney, 2025 WL 1499364 at *2.

Now, if she had written: “On June 3, I emailed HR about racial slurs directed at Black officers. On June 5, I was placed on administrative leave, and by June 15, I was fired,” that timeline could show retaliation. Without specifics, it becomes just another general complaint.

If you believe your employer retaliated against you for reporting discrimination, act now. Save emails, take screenshots, write down dates, and contact a lawyer who handles wrongful termination.

Best Workplace Retaliation Law Firm Blogs on Point:

Why Should I Call A Lawyer Instead Of Just Filing A Complaint Myself?

Because when it comes to your job and your rights, you only get one chance to get it right. McKinney represented herself, or pro se. She filed her complaints, went through litigation, and appealed. But she lost. Why? Because she did not include the details the law demands.

The law is not unfair. But it is unforgiving. If you do not plead specific facts, name names, cite dates, and show how others were treated differently, you can be right in your heart and still lose in court.

An experienced employment law attorney knows what facts matter, how to get them, and how to present them. Do not go it alone.

Best Employee’s Rights Attorney Blogs on Point:

What Is The Best Employment Lawyer Near Me For Workplace Discrimination?

If you are searching, “Who is the best employment lawyer for race discrimination near me?”—you are not alone. Many employees are unsure where to turn when they are wrongfully fired, harassed, or targeted because of their race or disability.

Spitz, The Employee’s Law Firm is the best choice for one simple reason: we are built for you. We are one of the largest firms in the country focused solely on representing employees. That means we have the resources to go toe-to-toe with the biggest employers. We offer a free initial consultation and a no fee guarantee—if we do not win, you do not pay.

Our attorneys have vast and successful trial experience and a proven history of results. We approach each case with empathy because we know what it is like to be silenced, pushed out, or retaliated against. When we take your case, we fight hard and smart.

If you believe you have suffered employment discrimination, were wrongfully fired, or need help standing up to a powerful employer, call Spitz, The Employee’s Law Firm today. Your story deserves to be heard—with details, with evidence, and with the full force of the law.

Employment Lawyer Disclaimer

This racial discrimination blog provides general information about employment law, discrimination, and wrongful termination and should not be considered legal advice. Every case is different, and employees facing these issues should consult with a qualified employment lawyer to understand their specific rights and options. No promises are being made about the outcome of any case. This employee’s rights blog is a legal advertisement. If you are an employee dealing with employment discrimination or have been wrongfully fired, speak with an experienced attorney to protect your rights.