Each year, tens of thousands of discrimination and harassment lawsuits are filed across the country. In recent years, the #MeToo movement has shed light on the systemic abuses that pervade employer-employee relations. To allege a claim of discrimination in the workplace, you must be a member of a protected class and suffer an adverse employment action as a result of being a member of that protected class. If you are a victim of employment discrimination, you deserve justice.
Types of Employment Discrimination in New York
In New York, there are federal, state, and local laws that protect employees from unlawful harassment and discrimination. Discrimination in the workplace can take place in a variety of ways including:
- Sexual harassment
- Age discrimination in promotions and hiring, among other workplace situations
- Gender and sex discrimination
- Race and ethnicity, such as a hostile work environment through derogatory comments
- Religious discrimination based upon practices
- Mental or physical disability
- Pregnancy discrimination
- Genetic Information
- Previous convictions
This is not an exhaustive list but rather some of the most common forms of workplace discrimination.
In New York, employees may be able to bring claims for discrimination on the basis of their race, national origin, color, gender, religion, sexual orientation, disability, citizenship status, genetic information, pregnancy, military status, criminal record, or age.
How to Prove Employment Discrimination Took Place
Proving employment discrimination has taken place can be difficult. But as an employee, you deserve to work in a setting where you feel comfortable and safe.
Signs of employment discrimination can include:
- Lack of diversity or lack of diversity in higher-paying positions
- Denial of promotions
- Communications which ostracizes some employees
- Failure to discipline those who are discriminatory towards employees
Under recent changes to New York law, employees alleging that they were subject to unlawful harassment only need to show that they were subject to inferior terms, conditions, or privileges of employment because of the individual’s membership in one or more protected categories. In addition, the new legislation explains that discrimination and harassment need not be “severe or pervasive” in order to be legally actionable; all non-disclosure agreements must allow employees to file a complaint of harassment or discrimination; and extends the statute of limitations for employment sexual harassment claims filed from one year to three years.
While this has made filing claims for discrimination much easier to begin for employees, it is always beneficial to have direct evidence of employment discrimination such as statements, emails, or other forms of correspondence which illustrate the discrimination occurred that can help strengthen your case.
If your employer has been found guilty of employment discrimination against you, you are entitled to compensation. This may include:
- Back pay and front pay
- Attorney fees
- Health insurance
- Retirement packages and benefits
- Owed vacation pay
You may also be entitled to compensatory damages like medical expenses due to the pain and suffering caused by the discriminatory practices, as well as expenses for finding new employment.
Contact The New York City Employment Discrimination Attorneys Today
As a member of a protected class, group, identity, etc., you are legally entitled to a safe work environment with equal opportunities and rights. But when your employer discriminates against you, ensuring you won’t be able to advance in your chosen career, you deserve justice.
If you believe that you were a victim of employment discrimination or harassment, call Brown Kwon & Lam, LLP today.