Employees have the right to be treated fairly and respectfully in the workplace. New York City employers cannot unlawfully discriminate against employees or applicants based on age, gender identity, disability, race, or another protected characteristic. Unlawful discrimination can include being sexually harassed, denied a job, denied a raise or bonus, or fired.
Understanding your legal rights is crucial if you’ve been discriminated against in New York City. You may have the right to file a claim for compensation against your employer. The employment attorneys at Lipsky Lowe LLP are here to help you navigate the process of holding your employer accountable for unlawful discrimination. We have a track record of securing compensation for our clients and holding employers responsible for their illegal actions.
Workplace Discrimination is Illegal
If you have been the victim of discrimination in New York, your employer may have violated local, state, or federal employment laws. The employment attorneys at Lipsky Lowe LLP will carefully review your case and identify which laws your employer has violated to develop a strategy to recover the most compensation possible for you. Various laws protect employees from different types of discrimination, including, but not limited to, the following:
- The New York City Human Rights Law
- The New York State Human Rights Law
- Title VII of the Civil Rights Act
- Americans with Disabilities Act
- Age Discrimination Act
- Equal Pay Act
- Family Medical Leave Act (FMLA)
The New York City Human Rights Law
The New York City Human Rights Law is one of the most expansive anti-discrimination laws in the country. Many employees benefit from filing a claim with the New York City Human Rights Commission because they interpret the law broadly to favor employees who’ve been discriminated against. Employers cannot discriminate against employees or prospective employees based on the following protected classes:
- Color
- Race
- Religion or creed
- Age
- Immigration or citizenship status
- National origin
- Gender (including sexual harassment)
- Gender identity
- Sexual orientation
- Disability
- Military service
- Pregnancy
- Marital status
- Partnership status
- Unemployment status
- Arrest or conviction record
- Credit history
- Caregiver status
- Status as the victim of domestic violence, stalking, or sexual offenses
Examples of Unlawful Discrimination in the Workplace
While it is entirely lawful to show favoritism to one person over another, it is illegal to discriminate against someone based on any of the above categories. In other words, an employer can pay employees different wages or promote one and not the other, as long as that decision is not based on any of the above characteristics but on the particular abilities or talents of the employee. Some of the most common examples of discrimination include the following:
- Not being hired, although highly qualified for the job
- Being unfairly disciplined, treated badly, or harassed
- Being wrongfully terminated from your job
- Being paid less than others doing the same work
- Being denied equal training opportunities or job assignments
- Not being provided with opportunities for advancement or promotion
- Being segregated from other employees
Retaliation is also prohibited under the New York City and state human rights laws and federal anti-discrimination laws. As an employee, you can’t be fired, demoted, or otherwise punished for reporting discrimination or participating in an investigation into discrimination. An employer cannot fire or demote an employee for requesting a reasonable accommodation for a disability or reporting sexual harassment.
The Difference Between Discrimination and Harassment
Workplace discrimination based on protected characteristics and sexual harassment are both illegal in New York. However, there are important differences between harassment and discrimination. A company is discriminating if it makes employment-related decisions based on a characteristic of the employee protected by law or if it has an otherwise neutral policy that has an unequal or disparate impact on those protected by law. An obvious example would be a company refusing to hire or promote an individual because of their religion, because they have a disability, or are over the age of 40.
On the other hand, harassment usually involves slurs, insults, taunts, inappropriate jokes, and displays of offensive images or symbols of hatred. In many cases, an employee is both harassed and discriminated against. Either behavior pattern makes the workplace toxic — not just for the targeted party. It is appropriate to speak up if there is harassment in the workplace, even if you are not the target of it: for example, if you hear racist banter and you are white.
Fighting for the Rights of New York City Employees
Employment law can be complex, and discrimination laws have specific details. Our attorneys will explain what protections apply to your situation under federal, state, and sometimes even city laws. We routinely fight for clients who’ve been treated illegally based on their gender, age, race, religion, disability, or other protected characteristics.
Although discrimination can be subtle, our team knows how to gather evidence to support your claim. This might involve witness statements, emails, performance reviews, or even social media posts.
If your employer isn’t willing to address the situation fairly, we will take legal action. This could involve filing a complaint with the Equal Employment Opportunity Commission (EEOC) or taking your employer to court. Many times, the best outcome can be reached through negotiation. Our employment attorneys will advocate for compensation for lost wages, emotional distress, or even returning your job. Remember, every case is different. But don’t hesitate to reach out if you’ve been discriminated against. Taking action early can strengthen your case and empower you in the process.
Contact an Experienced Employment Attorney in New York City
Discrimination can be challenging to prove. This is why you need our skilled employment attorneys to fight for you. Put the strength of Lipsky Lowe in your corner. At Lipsky Lowe LLP, our experienced NYC employment attorney routinely fights to remedy discrimination in the workplace. We understand the emotional toll discrimination can take, and we’re here to support you. Don’t hesitate to contact Lipsky Lowe LLP to schedule a complimentary case evaluation.