Employment Discrimination FAQs | Brown Kwon & Lam

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Did you know that from 1997 to 2018, there were 1,889,631 discrimination complaints filed with the Equal Employment Opportunity Commission? With that level of frequency, many employees in New York likely have questions about employment discrimination. At Brown Kwon & Lam, we know how challenging these situations can be, which is why we’ve created an employment discrimination FAQ.

How do I know if my employer or coworkers are discriminating against me?

Sometimes, you may wonder if the conduct of your employer or coworkers qualifies as discrimination. Sometimes, they may just be a poor team player, and you can’t make a case for that. However, if you feel that your employer or coworker is treating you unfairly because of your status as a member of a protected class, you likely have a claim. A protected class includes but is not limited to:

  • Race
  • Gender
  • Sex
  • Religion
  • National origin
  • Disability

In addition, if your employer’s or coworkers’ conduct involved sexual gestures or propositioning, you likely have a claim.

Do I need an attorney for employment discrimination?

Though you can file a claim for employment discrimination without an attorney, it often isn’t a good idea. Your employer may try to turn the tables on you or settle for a lesser amount than you deserve. They do this to prevent a PR nightmare and protect their bottom line.

Settling out of court is common, which is why it’s important to have an attorney by your side. You need an attorney who can help you negotiate what is right and just for your suffering.

How long do I have to file an employment discrimination complaint?

If you are filing with the New York Division of Human Rights, you have one year to file your complaint. However, an attorney will be able to determine if you can file a complaint out of state depending on the circumstances of your case.

What accommodations does my employer need to provide to me?

If you have a disability or are pregnant and need accommodation, the law requires your employer to provide a reasonable accommodation that does not cause undue hardship to the employer.

Be mindful that you may need to provide medical documentation to show what is reasonable.

What happens if my employer retaliates against me for filing a discrimination complaint?

Many individuals think that retaliation only occurs when you are a whistleblower. However, you may be subject to retaliation for reporting, filing, or participating in a discrimination or sexual harassment claim as well as for reporting wrongdoing by an employer.

Does the ADA (Americans With Disabilities Act) protect you?

The ADA protects you if you have:

  • A mental or physical impairment that substantially limits one or more major life activities, such as:
    • Breathing
    • Walking
    • Hearing
    • Seeing
    • Speaking
  • A record of this type of impairment or is viewed as having such an impairment

We can help you learn more about disability discrimination.

What will I receive in employment discrimination cases if successful?

If your employment discrimination case is successful, you may receive damages for:

  • Back pay and front pay
  • Attorney fees
  • Health insurance
  • Retirement packages and benefits
  • Salary
  • Pension
  • Owed vacation pay

Does my employer need to tell me why I lost my job?

New York is an at-will employment state, so they do not. This means your employer can discharge you at any time for any reason or no reason at all. They are only barred from firing you if the reason was illegal retaliation or discrimination.

Who can help me with my employment discrimination case?

When you suspect your employer or coworker is mistreating you due to discrimination, you don’t have to stand by as it happens. The New York employment discrimination attorneys of Brown Kwon & Lam have experience fighting for employees in New York City and New York State.

Contact our firm at (718) 971-0326 or contact us online for a free consultation. We’ll fight for you.

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