Learn About Your Legal Rights from an Experienced Long Island Discrimination Lawyer
Are you a victim of discrimination in the workplace? If so, you are not alone. The U.S. Equal Employment Opportunity Commission (EEOC) receives tens of thousands of discrimination complaints annually—and this doesn’t account for complaints filed with state agencies or in state or federal court. It also doesn’t account for the numerous victims who never hire a Long Island discrimination lawyer to represent them.
If you are a victim of employment discrimination (or believe that you may be a victim of employment discrimination), you should speak with a Long Island discrimination lawyer promptly. Several statutes prohibit discrimination in the workplace, and they entitle employees to various remedies when their employers violate the law. If your employer has violated the law, a lawyer at Bell Law Group can file a complaint on your behalf and work to secure the remedies you deserve.
Laws that Prohibit Discrimination in Long Island Workplaces
What are the statutes that prohibit discrimination in the workplace? The list is much longer than most employees realize. The statutes that protect employees on Long Island against discrimination on the job include:
- Section 1981 of the Civil Rights Act of 1866
- Title VII of the Civil Rights Act of 1964
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- Equal Pay Act (EPA)
- Genetic Information Nondiscrimination Act (GINA)
- Immigration Reform and Control Act (IRCA)
- New York State Human Rights Law (SHRL)
- Pregnant Workers Fairness Act (PWFA)
Along with these statutes focusing specifically on workplace discrimination, various other statutes provide discrimination-related protections for employees as well. A few examples of these statutes include:
- Fair Labor Standards Act (FLSA) – The FLSA establishes the federal minimum wage as well as overtime pay and other wage-and-hour-related rights for covered employees. If you are being underpaid because of your sex, race or any other protected characteristic, you may have an FLSA claim in addition to a claim under one or more of the statutes listed above.
- Family and Medical Leave Act (FMLA) – The FMLA entitles covered employees to take job-protected leave for a variety of family and health-related reasons. Employers must be very careful to avoid discriminating when making decisions about employees’ leave requests under the FMLA, and employees who experience FMLA violations will also experience sex-based discrimination (among other forms of discrimination) in many cases.
- New York State Labor Law – The New York State Labor Law provides protections that are similar (though not identical) to those afforded to employees covered under the FLSA. As a result, employees who experience wage-related discrimination will have claims under the New York State Labor Law and the New York SHRL (potentially among others) in many cases as well.
If you believe that you may be a victim of employment discrimination, you do not need to know the specific law (or laws) that protect you. When you schedule a confidential consultation at Bell Law Group, a Long Island discrimination lawyer at our firm will be able to identify the specific statutory protections that apply. We will then be able to use this information to determine what steps we need to take to assert your legal rights as well as what remedies we are able to seek on your behalf.
Types of Discrimination that Are Prohibited
The laws listed above prohibit employers from taking adverse employment actions against employees based on their “protected characteristics.” They also require employers to provide reasonable accommodations to employees with protected characteristics in some cases. Under these laws, prohibited forms of discrimination include:
Age-Based Discrimination
The federal ADEA and the New York SHRL prohibit age-based discrimination in the workplace. The ADEA protects workers age 40 and older who work for companies with at least 20 employees, while the New York SHRL protects workers age 18 and older who work for companies of all sizes.
Disability-Based Discrimination
The federal ADA and the New York SHRL prohibit disability-based discrimination in the workplace. The ADA protects employees at companies with at least 15 employees, while the New York SHRL protects employees at all companies on Long Island. While these anti-discrimination laws define “disability” differently, both protect employees with an extremely wide range of physical and mental conditions.
Race-Based Discrimination
Section 1981, Title VII and the New York SHRL prohibit race-based discrimination in all aspects of employment. This includes discrimination on the basis of:
- Ethnicity
- National Origin
- Race
- Skin Color
While Title VII only applies to employers with 15 or more employees, both Section 1981 and the New York SHRL apply to companies of all sizes. As discussed below, all three laws prohibit all forms of adverse employment actions based on ethnicity, national origin, race and skin color—including discriminatory hiring and firing decisions, among others.
Sex and Gender-Based Discrimination
Several laws prohibit sex and gender-based discrimination in Long Island workplaces. These include Title VII, the Equal Pay Act, and the New York SHRL, among others. Even though some of these laws only mention “sex” specifically, they have been interpreted broadly to prohibit discrimination in employment on the basis of:
- Biological Sex
- Gender Identity or Expression
- Pregnancy or Parental Status
- Sexual Orientation
Sexual harassment is considered a form of sex-based discrimination as well. If you believe that your sex or gender has played a role in any decision affecting your employment, or if you are a victim of sexual harassment in the workplace, we strongly encourage you to speak with a Long Island discrimination lawyer at Bell Law Group as soon as possible.
Discrimination Based on Other Protected Characteristics
The laws listed above prohibit many other forms of discrimination in the workplace as well. Some examples of other protected characteristics include:
- Immigration Status
- Military Status
- Religion
- Status as a Victim of Domestic Violence
If you feel like you may be a victim of discrimination, you should not ignore your concerns—and you should not let your employer talk you out of making an informed decision. Our lawyers can provide a comprehensive assessment of your legal rights; and, if you are a victim of discrimination, we can explain what you should (and should not) do next. It is important that victims come forward appropriately, as establishing accountability is important, and as even minor mistakes can jeopardize employees’ discrimination claims in some cases.
When Employees Can (and Should) File Claims for Discrimination
Filing a claim for discrimination in the workplace requires evidence that your employer took adverse employment action against you based on a protected characteristic. So, what constitutes an “adverse employment action”? Here are some of the most common examples:
Refusal to Hire
Employers cannot refuse to consider job candidates based on their protected characteristics or make hiring decisions based on job candidates’ membership in protected classes. Discriminatory job advertisements, position descriptions, screening and interviewing practices, and refusals to hire can all violate state or federal law.
Unfavorable Job Placement
Your employer cannot legally give you an unfavorable job assignment or work location based on your membership in a protected class. This applies at the time of initial hiring and onboarding, during internal reorganizations, and when employees make specific requests for new job assignments or location transfers.
Unequal Compensation
While the Equal Pay Act applies specifically to sex-based pay discrimination, other state and federal anti-discrimination laws prohibit employers from undercompensating anyone in any protected class. Although employers can consider experience and legitimate qualifications when making compensation-related decisions, they cannot discriminate between similarly qualified employees who do substantially similar work.
Unequal Benefits and Treatment
Discriminating with regard to benefits is also illegal, as is treating similarly situated employees differently in other respects. For example, if you were passed over for a pay raise or promotion based on a protected characteristic, you may have an employment discrimination claim. Likewise, if your employer requires you to come into the office while other similarly situated employees are allowed to work from home, you could have a discrimination claim in this scenario as well.
Unwarranted Discipline, Demotion or Pay Deduction
Unwarranted disciplinary actions, demotions and pay deductions are common grounds for employment discrimination claims. If you believe that you have been targeted for reasons unrelated to your job performance, you will want to speak with a Long Island discrimination lawyer about your legal rights.
Harassment in the Workplace
Many employment discrimination claims involve harassment as well. This includes not only sexual harassment (though this accounts for the majority of harassment claims), but also harassment based on other protected characteristics. If you have been subjected to offensive jokes, threats, embarrassment, physical attacks, or unwanted sexual advances or sexual conduct, this is another scenario in which you will want to discuss your legal rights with an experienced Long Island discrimination lawyer promptly.
Denial of Reasonable Accommodations
Various anti-discrimination laws entitle employees on Long Island to reasonable accommodations for disabilities, pregnancies, motherhood and religious observances. While employers are entitled to determine what is “reasonable” (and do not necessarily need to honor employees’ requests for specific accommodations), they must make their determinations in good faith and based on legitimate business concerns. Improperly denying requests for reasonable accommodations is a clear form of discrimination.
Wrongful Termination
If you got fired because of your membership in a protected class, you have clear legal rights under the law. No one deserves to deal with the mental stress and financial strain of being terminated on a discriminatory basis. At Bell Law Group, we are passionate about fighting for employees who have been wrongfully terminated, and we strongly encourage you to speak with one of our lawyers if you believe that your termination was wrongful.
While these are among the most common types of discriminatory adverse employment actions, this list is not exhaustive. If you believe that you are a victim of any form of employment-related discrimination on Long Island, we want to hear from you so that we can help you protect your legal rights.
What to Do if You Are a Victim of Workplace Discrimination on Long Island
Let’s say you are a victim of discrimination in the workplace. What can (and should) you do next? Just as important, what should you avoid doing so that you do not jeopardize your legal rights?
1. Preserve Any Available Documentation
If you have any documentation that you believe is (or may be) relevant to your employment discrimination claim, you should be sure to keep it in a safe place. However, aside from your own employment records, you should be cautious about removing any records from your employer’s premises. Our lawyers can advise you as necessary.
2. Take Detailed Notes
Along with preserving any available documentation, you should also take detailed notes. Write down why you believe you are a victim of employment discrimination, being as thorough as possible. If you aren’t sure whether a particular detail is relevant, you should still write it down to discuss with your Long Island discrimination lawyer.
3. File an Internal Report (and Keep a Copy for Your Records)
You should report the discrimination internally, following your employer’s reporting procedures (if any). When you file an internal report, be sure to keep a copy for your records. One of the easiest ways to do this is to take a photo of the report with your phone before you submit it.
4. Avoid Letting Your Employer Tell You Want to Do (or What Not to Do)
One of the biggest mistakes you can make when you have an employment discrimination claim is letting your employer tell you want to do (or what not to do). Simply put, your employer may not have your best interests in mind. At this point, you should only be relying on the advice of your lawyer.
5. Talk to a Long Island Discrimination Lawyer as Soon as Possible
Protecting your legal rights as a victim of discrimination in the workplace requires experienced legal representation. With this in mind, you should discuss your situation with a Long Island discrimination lawyer as soon as possible. When you contact us, we will arrange for you to speak with one of our lawyers in confidence right away.
FAQs: Filing a Discrimination Claim Against Your Employer
When Can Employees on Long Island File Discrimination Claims?
Employees on Long Island can file discrimination claims in a wide range of circumstances. New York and federal employment laws prohibit discrimination against employees in several “protected classes,” and they provide remedies for all types of discriminatory adverse employment actions. To find out if you have a claim, you should speak with a lawyer about your legal rights as soon as possible.
How Can I Prove that I Am a Victim of Employment Discrimination?
The evidence employees need to prove that they are victims of discrimination varies case-by-case. Internal corporate records, internal communications, employment records, and various other forms of documentation can all potentially be relevant, and testimony from co-workers can be a valuable form of evidence in many cases as well. When you hire a Long Island discrimination lawyer at Bell Law Group, your lawyer will determine the specific evidence he or she needs to assert your legal rights effectively.
What Are the Remedies for Employment Discrimination in New York?
The remedies for employment discrimination in New York also vary case-by-case. If you are a victim of employment-related discrimination, you may have options when it comes to the types of remedies you want to seek as well. Generally speaking, potential remedies include job placement, reinstatement, back pay with interest, and other forms of financial compensation. But, not all of these will be available (or desirable) in all cases.
How Long Do I Have to File an Employment Discrimination Claim in New York?
How long you have to file an employment discrimination claim in New York depends on the specific type of discrimination claim you need to file. Strict deadlines apply in all cases, but these deadlines vary depending on both: (i) the specific anti-discrimination statute that protects you; and, (ii) whether you need to file a claim with the U.S. Equal Employment Opportunity Commission (EEOC) or another administrative agency (or in court). With this in mind, we strongly recommend that you schedule a confidential consultation with a lawyer right away.
Do I Need to Hire a Long Island Discrimination Lawyer?
While employees are not legally required to hire a lawyer in employment discrimination cases, seeking experienced legal representation is strongly recommended. At Bell Law Group, our lawyers have more than 100 years of combined experience representing employees, and we can use our experience to your advantage. We provide free initial consultations, so it costs nothing to learn what our lawyers can do to help in your specific circumstances.
Schedule a Confidential Consultation with a Long Island Discrimination Lawyer Today
Do you need to know more about filing an employment discrimination claim in New York? If so, we can help, and we encourage you to contact us promptly. To speak with an experienced Long Island discrimination lawyer in confidence as soon as possible, call 516-530-9936 or request a free consultation online today.
