New York City is generally considered to be one of the most diverse cities in the world, including a mixture of cultures and ideas coming from every corner of the globe. Many even consider New York City to be one of the most liberal cities on the east coast when it comes to issues of social justice and discrimination. That said, discrimination in employment still happens all the time in many different ways.
Employment discrimination is illegal. If you have been discriminated against at work, you can seek justice against your employer by coming forward and telling your story. An experienced discrimination attorney in New York City can help you file a claim for damages and litigate your case on your behalf. Many employers believe that they are invincible, but no employer is above the law.
You can begin to protect your rights by scheduling a free consultation with a workplace discrimination lawyer at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP Attorneys At Law, which is one of the best employment discrimination law firms in the business. Pasternack Tilker Ziegler Walsh Stanton & Romano LLP Attorneys At Law represents victims of employment discrimination across the greater New York City area including all five New York City boroughs (Manhattan, Brooklyn, Queens, the Bronx, and Staten Island) as well as Northern New Jersey, upstate New York, and Long Island.
The Three Types of Employment Discrimination Claims in New York
Employment discrimination activities fall into one of three categories: disparate treatment claims, disparate impact claims, or harassment claims. A disparate treatment claim alleges that an employer intentionally discriminated against an employee on the basis of a legally protected characteristic. A disparate impact claim involves an employer's facially neutral policy or practice that results in an unintended discriminatory effect on a specific protected group. Finally, unlawful workplace harassment occurs when an employee is subjected to discriminatory harassment based on a protected trait/characteristic.
These three categories of employment discrimination extend to all areas of the employment relationship. This includes the hiring process, termination and severance, payment of wages, job assignment, retirement and pensions, workplace perks, and benefits. In other words, it is just as illegal to purposely refuse to hire someone due to a discriminatory reason as it is to implement an employment policy that passively discriminates against a specific protected group of people.
Legally Protected Classes Subject to the Employment Discrimination Laws
To file a successful employment discrimination claim in New York City, the claimant must be able to prove that illegal discrimination occurred. Unfortunately, many people who believe that they have been discriminated against have no legal claim and many who are discriminated against do not even realize it. This is why it is so important to understand how discrimination in the workplace occurs so that you can recognize it.
As briefly talked about in the previous section, there are several legally protected classes of people that are protected against employment discrimination. It is illegal to discriminate in employment against anyone on the basis of a legally protected trait. In New York City, these protected traits include:
- Skin color;
- National origin;
- Gender (including gender identity);
- Sexual orientation;
- Alienage or citizenship status;
- Marital status/partnership status;
- Status as a veteran or active military service member;
- Arrest or conviction record;
- Caregiver status;
- Credit history;
- Unemployment status;
- Salary history; and
- Status as a victim of domestic violence, stalking, and sex offenses.
It is illegal for an employer to discriminate on the basis of an employee's membership in any of the above-listed protected classes. If you feel that you have been improperly discriminated against but are unsure if you may have a legal claim, you should contact an experienced employment law attorney for a free consultation to help evaluate whether your claim has merit.
Planning to File a Workplace Discrimination Lawsuit
Many people resort to the legal system to resolve instances of employment discrimination. To prepare for filing your claim, you should take a number of steps that will help you get the best outcome in your case.
You should start by raising your discrimination concerns with your employer or a relevant human resources manager. While in many cases, employees will need to resort to litigation to resolve employment discrimination problems, that is not always the case. Many instances of discrimination or perceived discrimination result from simple misunderstandings. Additionally, in cases of workplace harassment, United States Supreme Court precedents encourage victims to discuss harassment problems with management first before going to court.
If management and/or human resources have not acted quickly to resolve your complaint, then it is time to begin gathering evidence of your discrimination claim. You should first start by preserving any documents, memos, or emails that could serve as evidence to help prove discrimination. Second, you should begin taking notes about discriminatory incidents that occur including the date, time, and location of the incident as well as noting any witnesses to the incident. Third, you should discuss your concerns with your co-workers and ask if they have noticed any discrimination in the workplace.
Finally, you should seek out and hire an employment discrimination attorney to help you litigate your employment discrimination claim in court. Because employment discrimination and harassment law are very specialized legal fields, you need to find an attorney with the required experience to carry your case forward.
Hire Only the Best Employment Lawyers in NYC
We are one of the best choices to represent aggrieved employees in the greater New York City area including all five New York City boroughs (Manhattan, Brooklyn, Queens, the Bronx, and Staten Island) as well as Northern New Jersey, upstate New York, and Long Island. Have you ever suffered discrimination in the workplace? Were you treated unfairly by your employer based on a protected trait? If you have the basis for filing a discrimination or harassment claim, we will fight for your rights and the settlement you deserve.