Employment discrimination is a problem that persists in many workplaces across New York. Despite the stringent anti-discrimination laws in place at the state and federal level, many employers tend to discriminate against job applicants and employees based on race, gender, age, religion, and many other characteristics. From subtle biases to overt acts of prejudice, the manifestations of workplace discrimination can be as varied as they are damaging.
At Levine & Blit, we believe that discriminatory practices can not only affect workplaces but also erode the very foundation of a healthy society. If you are a victim of employment discrimination, you have the right to hold your employer accountable for their unlawful actions. Our New York employment lawyers have decades of experience in handling workplace discrimination claims and we can help you get monetary compensation and other benefits for the harms you have suffered.
Call us today today to schedule a free consultation with an experienced New York employment discrimination lawyer at our firm.
👉Also Read: Direct And Indirect Discrimination: Legal Experts Lead The Charge Against Inequality
Federal Laws That Prohibit Employment Discrimination
- Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, and national origin.
- Age Discrimination in Employment Act (ADEA): Protects individuals who are 40 years of age or older from employment discrimination based on age.
- Americans with Disabilities Act (ADA): Prohibits discrimination against qualified individuals with physical and mental disabilities in all aspects of employment.
- Equal Pay Act (EPA): Prohibits sex based wage discrimination and requires employers to pay men and women equally for equal work in the same establishment.
- Genetic Information Nondiscrimination Act (GINA): Prohibits employment discrimination based on genetic information and prohibits employers from requesting or requiring genetic information of employees or their family members.
New York Laws That Prohibit Employment Discrimination
- New York State Human Rights Law (NYSHRL): Prohibits discrimination based on age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or domestic violence victim status. This law applies to all employers in New York State, regardless of size.
- New York City Human Rights Law (NYCHRL): Provides additional protections beyond federal and state laws, including protection against discrimination based on gender identity, gender expression, caregiver status, and more. This law applies to employers with four or more employees in New York City.
- New York Equal Pay Act: Requires equal pay for all employees performing substantially similar work, regardless of sex or gender. This law applies to all employers in New York State, regardless of size.
Common Examples of Discriminatory Practices in Employment
Employers might discriminate against job applicants and employees based on protected characteristics through various subtle and overt actions. Here are some common ways in which discrimination can occur:
- Biased Job Advertisements: Employers might use language or requirements in job advertisements that subtly discourage certain groups from applying.
- Biased Recruitment and Hiring Practices: Employers might show bias during the recruitment and hiring process by favoring candidates of a particular race, gender, age group, or other protected characteristic. This bias can manifest through subjective evaluations like relying heavily on gut feelings or cultural fit assessments.
- Unequal Pay and Benefits: Employers might pay certain groups less than others for performing the same job or provide fewer benefits based on protected characteristics such as gender or disability.
- Promotion and Advancement Opportunities: Employers might discriminate when considering employees for promotions, raises, or training opportunities. This could involve overlooking qualified individuals based on their race, gender, age, or other protected characteristic in favor of less qualified candidates.
- Retaliation: Employers might retaliate against employees who assert their rights under anti-discrimination laws by firing, demoting, or penalizing them in other ways.
- Failure to Accommodate Disabilities: Employers might fail to provide reasonable accommodations like modifying workspaces or schedules for employees with disabilities.
Common Examples of Sex-Based Wage Discrimination in Employment
Sex-based wage discrimination, often referred to as the gender pay gap occurs when employees are paid differently based on their gender for performing substantially similar work or work of equal value.
Common examples include:
- Unequal Pay for Equal Work: Employers might pay male and female employees differently even though they perform the same job with similar levels of skill, effort, and responsibility.
- Unequal Pay for Comparable Work: Sex-based wage discrimination can also occur when employees, predominantly women, are paid less for jobs that are different but substantially similar to those performed by their male counterparts. For example, jobs that require similar skills, education, and experience but are classified differently or segregated by gender might still be subject to pay disparities.
- Implicit Bias and Stereotypes: Implicit biases and gender stereotypes can influence hiring, promotion, and compensation decisions, leading to women being undervalued or overlooked for advancement opportunities. Employers might unconsciously attribute different qualities or skills to male and female employees, which can result in disparities in pay and career advancement.
Common Examples of Sexual Harassment in the Workplace
Any unwanted or unwelcome sexual advances and conduct of a sexual nature can constitute workplace sexual harassment. Common examples include:
Verbal Harassment
- Making sexual comments, jokes, or innuendos.
- Sexual propositions or advances.
- Sexually explicit or suggestive remarks.
- Obscene or vulgar language related to your gender or sexuality.
Non-Verbal Harassment
- Displaying sexually explicit materials like photos, posters, or emails.
- Making lewd gestures or facial expressions.
- Staring, leering, or making inappropriate gestures or expressions of a sexual nature.
Physical Harassment
- Unwanted physical contact like touching, patting, hugging, or kissing.
- Blocking your movement or standing too close in a way that makes you uncomfortable.
- Brushing up against you in a sexual manner.
Quid Pro Quo Harassment
- Conditioning job benefits, promotions, raises, or favorable treatment on the acceptance of sexual advances or favors.
- Threatening negative consequences like demotion, termination, or poor performance evaluations for rejecting sexual advances.
Hostile Work Environment
- Creating an intimidating, offensive, or hostile work environment through pervasive or severe sexual behavior, comments, or conduct.
Retaliation for Rejection
- Retaliating against you for rejecting sexual advances or reporting sexual harassment.
Cyber Harassment
- Sending sexually explicit emails, text messages, or social media messages.
- Sharing inappropriate content or images online.
How Our New York Employment Lawyers Can Help You Fight Against Workplace Discrimination
Consultation and Case Evaluation
Our first step is to schedule a free and confidential consultation to discuss your situation. During this consultation, we will listen to your concerns, review relevant documentation, and assess the merits of your case. We will determine whether you have a legitimate discrimination claim against your employer and outline the legal options available to you.
Filing a Complaint with the New York State Division of Human Rights (NYSDHR)
If we determine that your employer violates the New York State Human Rights Law (NYSHRL), we can assist you in filing a complaint with the NYSDHR. Our team will guide you through the complaint process, make sure that all necessary documentation is submitted on time, and advocate on your behalf throughout the investigation.
Representation in Mediation and Hearings
If your complaint proceeds to mediation or a hearing before the NYSDHR, we will be with you every step of the way. We will negotiate on your behalf and seek a resolution that provides appropriate remedies to the discrimination you have faced.
Litigation in State Court
If your complaint is not resolved through the NYSDHR process, we can file a workplace discrimination lawsuit on your behalf in state court. Our seasoned litigators will build a strong case, gather evidence, conduct depositions, and present compelling arguments to the court to help you get justice.
Federal Options
In cases involving violations of federal civil rights laws, we can assist you in filing a complaint with the Equal Employment Opportunity Commission (EEOC) and represent you in federal court if necessary. Our comprehensive approach ensures that you have access to all available legal avenues for seeking redress.
Personalized Guidance and Support
Throughout the legal process, our team will provide you with personalized guidance and support. We will keep you informed of developments in your case, answer any questions you might have, and advocate tirelessly on your behalf to achieve a favorable outcome.
Compensation and Remedies Our New York Employment Attorneys Can Seek in Your Workplace Discrimination Claim
Compensatory Damages: Compensatory damages are intended to compensate you for the tangible and intangible losses you have suffered as a result of the discrimination. This might include back pay, front pay (future lost wages), bonuses, health insurance benefits, retirement benefits, vacation pay, as well as compensation for emotional distress, pain and suffering, and mental anguish caused by the discrimination.
Injunctive Relief: Depending on the circumstances, we might seek injunctive relief to stop ongoing discrimination or prevent future discriminatory practices in the workplace. This could include measures such as reinstatement to your position, promotion, transfer, or accommodation, as well as the implementation of anti-discrimination policies and training programs.
Punitive Damages: In cases of egregious or intentional discrimination, we can seek punitive damages to punish your employer for their unlawful conduct and deter similar behavior in the future. Punitive damages are intended to send a message that discrimination will not be tolerated and to hold the employer accountable for their actions.
👉Also Read: Age Discrimination in the Workplace and Why We Do Not Tolerate It!
Facing Discrimination in the Workplace? Our New York Employment Discrimination Lawyers Can Help You!
Workplace discrimination can not only affect your career but also take a toll on your physical and mental well-being and livelihood. If you are facing discrimination in employment, it’s critical to fight back with the help of a seasoned and tenacious New York employment attorney.
At Levine & Blit, we have decades of experience in handling employment discrimination claims and we know how to recognize signs of workplace discrimination – no matter how subtle it is. We can assess the extent of harm you have suffered as a result of the discrimination, hold your employer accountable, and recover the maximum amount of compensation and other remedies that you are entitled to under the law.
Do not let discrimination go unchecked. Call us today at 646-461-6838 or contact us online to schedule a free case evaluation by one of our highly rated New York employment discrimination lawyers.