Make Informed and Strategic Decisions with the Help of an Experienced Albany Employer Defense Attorney
All employers face liability risks on a daily basis. It’s how employers handle these risks that makes the difference. While a proactive approach to employment law compliance can help reduce the chances of facing employee complaints and disputes, employers also need to be prepared to respond effectively to complaints and disputes when necessary. This starts with engaging an experienced Albany employer defense attorney.
Our employer defense attorneys have well over 100 years of combined experience representing employers in Albany, NY and the surrounding areas. We assist employers of all sizes with all employment-related matters. Whether you are starting a new business and need to put effective employment policies in place, your company’s existing employment policies need an overhaul, or your company is facing an employment-related complaint or dispute, we can provide the advice and representation you need to make employment-related decisions with confidence.
Matters We Handle for Employers in Albany
Each Albany employer defense attorney at our firm has extensive experience advising and representing employers in the following areas:
Discrimination Complaints
Discrimination complaints have become increasingly common over the past several years. These complaints can present substantial risks for employers—including not only the risk of substantial liability, but also the risk of reputational harm and workforce discontentment. We defend employers in discrimination matters including:
National Origin, Ethnicity, Race and Color Discrimination Claims
Title VII of the Civil Rights Act of 1964 (“Title VII”) and the New York State Human Rights Law prohibit employers from discriminating against employees and job applicants based on their national origin, ethnicity, race or color. Employers in Albany can face claims under both statutes, and claims under both statutes can present similar risks.
Employees can file race-based and other similar types of discrimination claims based on either disparate treatment or disparate impact. Disparate treatment claims involve allegations of employers intentionally engaging in discriminatory practices. Disparate impact claims involve allegations that employers’ practices, while not discriminatory on their face, nonetheless have discriminatory consequences. We have experience handling both types of claims, and we are intimately familiar with the challenges employees face and the defenses that are available to employers with respect to each type of claim.
Sex, Gender Identity and Sexual Orientation Discrimination Claims
We have substantial experience defending employers against sex and gender-related discrimination claims as well. This includes claims involving employees’ biological sex, gender identity and sexual orientation. While many of these claims involve allegations of unequal pay for substantially equal work, we also defend employers against claims involving hiring and promotion decisions, job assignments, work conditions, work locations, and a wide range of other issues.
Here too, employees can file complaints alleging disparate treatment and disparate impact; and, while the majority of employees who file sex and gender-related discrimination complaints are women, men can assert sex and gender-related discrimination claims on similar grounds. If your company is facing any type of sex or gender-related discrimination claim, we encourage you to schedule a call with an Albany employer defense attorney at our firm promptly.
Pregnancy Discrimination Claims
Along with Title VII (as amended by the Pregnancy Discrimination Act) and the New York State Human Rights Law, several other statutes prohibit pregnancy-related discrimination in employment. These include the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA), among others. Pregnancy discrimination is considered a form of sex-based discrimination under Title VII. Under Title VII and the other laws that prohibit pregnancy-based discrimination, it is unlawful for employers to take adverse employment action based upon an employee’s:
- Current, potential or past pregnancy
- Medical condition related to pregnancy or childbirth (including lactation and breastfeeding)
- Decision to take birth control
- Decision to seek an abortion
- Need for reasonable pregnancy-related accommodations
As with all forms of employment discrimination, employees who allege pregnancy discrimination may seek various remedies depending on the specific circumstances involved. We have experience defending employers against claims for reinstatement, placement, back pay and other remedies.
Disability Discrimination Claims
Along with pregnancy-related discrimination, the ADA and the New York State Human Rights Law prohibit discrimination in employment based on many other types of disabling medical conditions as well. As the U.S. Equal Employment Opportunity Commission (EEOC) explains, for purposes of the ADA, a “disability” is defined as any of the following:
- “[A] physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning, or operation of a major bodily function, such as brain, musculoskeletal, respiratory, circulatory, or endocrine function).”
- “[A] physical or mental impairment the individual actually has or is perceived to have, except if it is transitory (lasting or expected to last six months or less) and minor.”
- “[A] history of a disability.”
The definition under state law is largely similar; and, generally speaking, any adverse employment-related decisions that take into account an employee’s physical or mental condition are likely to lead to complaints of discrimination. However, it is up to employees who are seeking remedies to prove that they have a qualifying condition, and disputing an employee’s claim to have a qualifying disability can be an effective defense strategy in many cases.
Age Discrimination Claims
While the federal Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees age 40 and older (and only applies to employers with 20 or more employees), the New York State Human Rights Law prohibits age-based discrimination regardless of age and regardless of employer size. When they apply both laws prohibit all types of age-based employment decisions, including (but not limited to) decisions regarding hiring, promotions, compensation and termination of employment.
We have extensive experience handling state and federal age discrimination complaints on behalf of employers in New York. If your company is facing an age-related discrimination complaint, an Albany employer defense attorney at our firm can help you start making informed decisions immediately.
Religious Discrimination Claims
Title VII and the New York State Human Rights Law also prohibit discrimination based on religion. As the New York Attorney General’s website explains, under both laws, employers are prohibited from, “treat[ing] applicants or employees differently based on religious beliefs or practices, in any area of employment, including recruitment, hiring, assignments, discipline, promotion, and benefits[;] subject[ing] employees to harassment because of religious beliefs or practices[; or,] retaliate[ing] against applicants or employees for reporting alleged religious discrimination in the workplace.”
As it goes on to explain, “New York state law requires employers to permit workers to observe holy days, unless doing so would cause an ‘undue hardship,’” and, “[e]mployers must also attempt to accommodate other religious practices, including religious dress and appearance requirements, and prayer during the workday.” If your company is facing any type of religious discrimination claim, we can assess the validity of the claim and determine what defenses your company has available.
Sexual Harassment Complaints
Sexual harassment is considered a form of sex-based discrimination under Title VII. The New York State Human Rights Law also prohibits employers from “subjecting an individual to harassment based on their status in [a] protected class[].” To establish a valid claim for sexual harassment, an employee must allege either:
- A Hostile Work Environment – Sexual harassment creates an impermissible hostile work environment when it causes intimidation, fear or embarrassment, or prevents an employee from effectively performing his or her job. While a single act of sexual harassment can exceed this threshold in some circumstances, employees will need to prove more in some cases. With that said, no matter what happened, if you feel that your rights were violated, you should talk to an attorney promptly.
- A Quid Pro Quo – A quid pro quo involves requesting or requiring an employee’s submission to sexual advances or sexual conduct in exchange for work-related benefits.
Generally speaking, the alleged perpetrator must have supervisory or managerial authority over the complaining employee in order for a quid pro quo to exist.
In situations not involving a quid pro quo, employers can be held liable for the misconduct of complainants’ coworkers, contractors, and even clients or customers in some cases. Defending against these types of sexual harassment complaints requires an informed and strategic approach, and this requires the advice and insights of an experienced Albany employer defense attorney.
Wage and Hour Complaints
Employees in Albany can also file wage and hour complaints based on either federal or state law. These complaints can involve a wide range of issues, including (but not limited to):
- Equal pay violations
- Minimum wage violations
- Overtime pay violations
- Improper classification of non-exempt employees as exempt employees
- Improper classification of employees as independent contractors
These and other compensation-related issues can present substantial risks for employers—because multiple employees will often have similar grounds to pursue claims for back pay and other damages. As a result, when facing these allegations, employers must assess their defense options immediately, and they must work closely with an experienced Albany employer defense lawyer who can help them avoid unnecessary liability by all means available.
Employment Contract Disputes
New York is an at-will employment state. This means that most employees do not have contractual rights, and employers can terminate their workers’ employment for any lawful reason or for no reason at all. However, when employees have contracts, both parties must maintain contractual compliance—and both parties can pursue contract-based claims when warranted.
Our attorneys represent Albany employers in all types of employment contract disputes. This includes employee-initiated and employer-initiated disputes involving employment agreements, non-disclosure agreements, severance agreements and other contracts. When employees violate confidentiality, non-competition or non-solicitation covenants, or when they improperly use their employers’ (or former employers’) intellectual property, time can be of the essence. As a result, in these types of scenarios, it is especially important to engage an experienced Albany employer defense attorney as soon as possible.
Employment Law Compliance
While much of our practice involves representing employers in employment-related disputes, we also assist employers of all sizes in Albany and the surrounding areas with state and federal employment law compliance. Whether you are hiring your first employees and need to implement an effective employment law compliance program or you have questions or concerns about your company’s existing policies and procedures, our attorneys can help.
When representing employers with regard to employment law compliance, we take a custom-tailored approach that prioritizes comprehensiveness, efficacy and practicality. While it is critical that employers address all pertinent statutory and regulatory requirements, it is equally important that employers are able to implement their employment-related policies and procedures effectively. We take this into account when drafting policies and procedures for our clients, and our attorneys continue to work closely with our clients’ executives, in-house attorneys and human resources (HR) personnel throughout the implementation process.
Here’s What We Can Do to Help
Within these (and other) areas, we focus on doing everything that is necessary to protect our clients’ interests without wasting any of our clients’ time or resources. With this in mind, our attorneys are available to assist with any or all of the following services based on your company’s specific needs:
Internal Investigations Following Employee Complaints
When an employee files a complaint alleging discrimination, sexual harassment, a wage and hour violation, or any other type of employment-related violation or misconduct, it is imperative to conduct an internal investigation immediately. This investigation should focus on identifying the true facts at hand, and all steps in the process should be thoroughly documented.
The benefits of promptly conducting a thorough investigation in this situation are twofold: First, it allows for informed decision-making about both the veracity of the employee’s complaint and potential defenses to the employee’s allegations. Second, conducting a prompt investigation can help demonstrate the employer’s commitment to effectively managing and enforcing compliance—which itself can assist with defending against state and federal employment law claims.
Risk Analysis and Strategy Development
After conducting an internal investigation in response to an employee complaint, we then assist with risk analysis and strategy development. Once we know the true facts at hand, then we can determine what defenses our client has available. We can also realistically assess our client’s chances of success in administrative or civil litigation.
These are critically important pieces of information. Without an informed strategy, it simply isn’t possible to build and execute an effective defense. With this in mind, we prioritize conducting our clients’ investigations, analyzing their risks and developing their defense strategies as efficiently as possible.
EEOC and New York State Division of Human Rights Defense
In many cases, employees will choose to file complaints with the U.S. Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights. Both of these agencies provide forums for employees to pursue claims for discrimination, harassment, and other employment law violations. If your company is facing litigation before the EEOC or the Division of Human Rights, an Albany employer defense attorney at Bell Law Group can handle the proceeding from start to finish—fighting to ensure that the proceeding does not lead to unnecessary and unwarranted consequences.
We also represent our clients in settlement negotiations when warranted, and we handle appeals from EEOC and Division of Human Rights proceedings when necessary. With extensive relevant experience, we are able to take a practical, forward-thinking and results-oriented approach to securing the best possible outcomes for our clients in light of the circumstances at hand.
Civil Litigation Defense
In addition to handling litigation before the EEOC and New York Division of Human Rights, we also handle civil litigation in state and federal court. Our team includes several highly experienced litigators who do not hesitate to advocate for our clients’ interests in court when necessary. If your company is facing an employment-related dispute that appears destined for the courtroom, our team will work diligently to ensure that we are prepared to protect your company by all means available.
Here too, when our clients do not have complete defenses to employees’ claims, we can—and will—focus on settlement. When targeting settlements on behalf of our clients, we leverage the information that is available (or, in some cases, the lack thereof) to mitigate our clients’ liability to the fullest extent possible.
Employment Policy Development and Implementation
Whether in response to an employee complaint or out of a general concern for compliance, our attorneys can also assist with employment policy development and implementation. As discussed above, we take a custom-tailored and cost-conscious approach focused on addressing each client’s specific needs. We provide human resources and management training as well. When adopting new employment-related policies, training is critical, as all relevant personnel need to have a clear understanding of their role in helping to mitigate the company’s employment-related risk.
Speak with an Experienced Albany Employer Defense Attorney in Confidence
If you would like to speak with an Albany employer defense attorney at Bell Law Group, we invite you to get in touch. We are happy to schedule a call or in-person meeting at a time that is convenient for you. To speak with a member of our team in confidence, please call 516-530-9936 or tell us how we can help online today.
