What Constitutes Employment Discrimination in New York?
An experienced Southampton employment lawyer knows that employment discrimination occurs when a boss, manager, or coworker illegally treats a person unfairly due to a protected characteristic.
The New York State Human Rights Law outlines these protected characteristics:
- Age
- Citizenship status or country of origin
- Disability
- Domestic violence survivor
- Ethnicity
- Genetics
- Family circumstances, including the current state of your marriage or pregnancy
- Military status
- Religion
- Sex, gender identity, and/or sexual orientation
- Being a victim of workplace retaliation
- Youthful offender arrest record
In New York State, it’s also illegal to discriminate against an employee for:
- Breastfeeding or lactation accommodations
- Credit history
- Height and weight
- Political activities outside the workplace
- Reproductive health decisions
- Salary history
These protected characteristics are also safeguarded through federal employment discrimination laws and agencies, including the:
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- Fair Housing Act (FHA)
- Genetic Information Nondiscrimination Act (GINA)
- Pregnancy Discrimination Act
- Title VII of the Civil Rights Act of 1964
- S. Equal Employment Opportunity Commission (EEOC)
- Uniformed Services Employment and Reemployment Rights Act (USERRA) for military status discrimination
Common discriminatory actions an employer may take include:
- Demotion or taking away a promotion
- Failure to make reasonable accommodations for a disability
- Harassment
- Hiring discrimination
- Laying off an employee due to their age or other discriminatory factors
- Unequal pay
- Unmerited disciplinary actions
- Workplace retaliation
- Wrongful termination
Prejudice can also take many forms, such as:
- Bullying
- Cyber harassment through emails, texts, or social media messages
- Displaying offensive photos, objects, or cartoons
- Intentional exclusion from social events or meetings
- Name-calling or slurs
- Offensive jokes or comments
- Physical assault
- Unwelcome advances, including hugs and touching
- Verbal abuse
Why You Should Hire an Employment Discrimination Lawyer
Everyone has the right to work in an environment that is respectful and supportive. If this is not the case for you, and your employer may be taking discriminatory action toward you, then it’s very important to contact a Southampton employment discrimination attorney.
While there are state and federal employment discrimination laws that protect your rights, they can be broad and hard to understand. This is where the experience of an attorney, especially one who’s knowledgeable about New York’s laws and has years of experience in handling employment discrimination cases, becomes so valuable.
When you hire an employment discrimination lawyer at Southampton, they can improve your case by:
- Filing all necessary paperwork with state and federal offices
- Thoroughly investigating your claim by conducting interviews with coworkers, reviewing company policies, and gathering evidence, such as emails and text messages
- Negotiating on your behalf with your employer to attempt to settle your claim out of court
- Representing you and defending your claim aggressively in the Suffolk County Supreme Court if needed
If you might currently be facing employee discrimination, take steps now to build your case, including the following:
- Document all interactions, including information on who was involved and dates.
- Familiarize yourself with your company’s policies on workplace discrimination.
- Save all communications, including texts and voicemails.
FAQs
Why Might an Employee Discrimination Case Be Dismissed in New York?
Employee discrimination cases in New York are sometimes dismissed for various reasons. These include:
- Failure to show enough evidence to prove the employee’s claim
- The employer has a legitimate reason for why the employee was let go or disciplined
An employee discrimination case can also be dismissed if the proper forms are not filed correctly and by the specified time limit, which can sometimes happen if you don’t have the guidance of a Southampton employment discrimination lawyer.
Do I Have to Hire a Lawyer to Prove an Employee Discrimination Case in New York?
Technically, no, you don’t have to hire an employment discrimination lawyer to file an employee discrimination complaint or prove it in New York. However, these types of cases can be complex and hard to prove, and they carry strict time limits for filing complaints. Hiring a Southampton employment discrimination attorney provides access to all their employment discrimination law experience, guidance, and knowledge, which can be crucial for achieving the outcome you’re looking for.
How Long Do I Have to File an Employee Discrimination Complaint?
In New York State, you have up to three years from the date of the incident to file a complaint with the New York State Division of Human Rights for violations against your protected characteristics under the New York State Human Rights Law. Claims with the U.S. EEOC need to be filed within 300 days of the incident. Your attorney can keep track of meeting all filing deadlines, taking one less stress off your mind.
What Types of Damages Can I Recover in a Southampton, NY, Employee Discrimination Case?
You could recover several types of damages in an employee discrimination case, but they depend on the details of your specific claim. Examples of possible compensation include:
- Back pay and benefits
- Front pay for expected future lost wages
- Emotional distress
- Punitive damages
- Attorney’s fees
Your Southampton employment discrimination lawyer can discuss in detail the types of damages your case may be eligible for.
Empowering Southampton Employees to Take Action Against Workplace Discrimination
If you or a loved one is facing workplace discrimination, sadly, you’re not alone. According to the U.S. EEOC, there were more than 9,000 discrimination charges in New York State throughout 2024.
For more than 20 years, Mesidor PLLC has been defending the liberties of Southampton workers by advocating against employee discrimination and harassment. Our successful law firm combines a vast knowledge of New York State’s employment discrimination laws with aggressive advocacy, allowing us to be strong legal representatives for our clients.
Don’t face employee discrimination alone — contact Mesidor PLLC today for an initial consultation.