New York Employment Discrimination Lawyer

Employment discrimination refers to unfair or unequal treatment of employees or job applicants based on certain characteristics that are legally protected. These characteristics can include race, color, national origin, sex, religion, age, disability, genetic information, pregnancy, sexual orientation, and gender identity. Discrimination can occur in various aspects of employment, including hiring, firing, promotions, job assignments, wages, benefits, training, and any other terms or conditions of employment.

Here are some common forms of employment discrimination:

1. Direct Discrimination: This occurs when an employer treats an employee or job applicant less favorably because of a protected characteristic. For example, not hiring someone because of their race.
2. Indirect Discrimination: This occurs when a seemingly neutral policy or practice disproportionately affects employees with a protected characteristic. For example, a height requirement that excludes a higher percentage of women and certain ethnic groups.
3. Harassment: Unwelcome conduct based on a protected characteristic that creates a hostile, intimidating, or offensive work environment. For example, sexual harassment or racial slurs.
4. Retaliation: Punishing an employee for asserting their rights to be free from employment discrimination. For example, firing or demoting an employee for filing a discrimination complaint or participating in an investigation.
5. Failure to Accommodate: Not making reasonable adjustments for employees with disabilities or for religious practices, provided the accommodations do not cause undue hardship to the employer. For example, not providing a wheelchair-accessible workspace or flexible scheduling for religious observances.

Federal laws that protect against employment discrimination include:

1. Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex, and national origin.
2. The Age Discrimination in Employment Act (ADEA): Protects individuals who are 40 years of age or older from age-based discrimination.
3. The Americans with Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities and requires reasonable accommodations.
4. The Equal Pay Act of 1963: Requires that men and women be given equal pay for equal work.
5. The Genetic Information Nondiscrimination Act (GINA): Prohibits discrimination based on genetic information.
6. The Pregnancy Discrimination Act: Prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.

State and local laws may provide additional protections against employment discrimination. Victims of discrimination can file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency and may also have the right to file a lawsuit in federal or state court.

An employment discrimination claim is a legal complaint filed by an employee or job applicant who believes they have been unfairly treated or discriminated against in the workplace.

The process typically involves:

1. Filing a Charge: The individual files a charge of discrimination with the EEOC or a state agency.
2. Investigation: The agency investigates the claim, which may include gathering evidence and interviewing witnesses.
3. Resolution: The claim can be resolved through mediation, settlement, or a determination by the agency.
4. Lawsuit: If the agency cannot resolve the claim, the individual may receive a “Right to Sue” letter, allowing them to file a lawsuit in federal or state court.

Remedies for employment discrimination claims can include back pay, reinstatement, compensatory damages, punitive damages, and changes in the employer’s policies and practices.