Hire an Experienced Long Island Employment Defense Lawyer to Protect Your Company
Allegations of discrimination, harassment, wage and hour violations, and other unlawful employment practices can expose companies of all sizes to substantial liability. They can also harm companies’ public reputations and cause dissatisfaction within companies’ workforces that leads to reduced productivity, reduced retention and an increased risk of future claims. As a result, when facing these allegations, companies need to respond effectively. The first step is to consult with an experienced Long Island employment defense lawyer as soon as possible.
At Bell Law Group, we represent employers across Long Island in connection with all types of employment-related claims. We also assist employers with avoiding future claims through effective and proactive employment law compliance. Whether your company is facing allegations, or you want to do what you can to avoid disputes with your company’s employees, our attorneys can help you make informed, strategic and cost-effective decisions with your company’s long-term best interests in mind.
Our Employment Defense Practice in Long Island, NY
How can we help your company? Our employment defense lawyers are available to provide advice and representation in connection with all of the following:
Employment Discrimination Claims
A significant portion of our employment defense practice involves representing employers that are facing discrimination allegations from current and former employees. While several state and federal laws prohibit discrimination in the workplace, each of these laws establishes specific requirements (or “elements”) that employees must prove in order to substantiate their claims.
As a result, when facing discrimination allegations, companies may have a variety of defenses available. Determining what defenses your company can assert starts with gaining a clear understanding of the relevant facts and the relevant law.
Federal and State Employment Laws that Apply to Companies on Long Island
If your company is facing discrimination allegations, a Long Island employment defense lawyer at Bell Law Group can thoroughly examine the allegations at issue and determine what defenses our team can assert on your company’s behalf. We handle employment discrimination cases involving allegations under laws including (but not limited to):
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 (“Title VII”) applies to employers with 15 or more employees. It prohibits discrimination in employment based on several protected characteristics, including race, color, ethnicity, national origin, sex and religion, among others. Under Title VII, an employment policy or adverse employment action is unlawful if it is discriminatory in its intent or its effect. This means that employees can pursue claims alleging either:
- Intentional employment discrimination; or,
- Discriminatory outcomes from facially neutral employment policies and decisions.
For example, if an employer establishes a height requirement for a specific job position, this is a facially neutral employment policy—it does not target any particular protected class of employees. However, it could still have a discriminatory outcome if it disproportionately affects women (who, statistically, tend to be shorter than men).
Both types of Title VII claims are subject to a variety of potential defenses. We defend Long Island employers in Title VII cases filed with the U.S. Equal Employment Opportunity Commission (EEOC) and in federal court. If your company is facing a complaint under Title VII, we encourage you to contact us promptly for more information.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) also applies to employers with 15 or more employees. It prohibits employers from taking adverse employment actions against employees based on their disabilities, and it also requires employers to provide reasonable accommodations to employees with disabilities upon request.
We handle discrimination and reasonable accommodation cases under the ADA on Long Island. If a current or former employee is accusing your company of violating his or her rights under the statute, our lawyers can help your company defend against the employee’s allegations by all means available.
Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act, which was signed into law in 2023, expands upon and clarifies the protections afforded to pregnant workers under Title VII and the ADA. Pregnancy discrimination is considered a form of sex-based discrimination under Title VII, and pregnancy can qualify as a disability under the ADA in various circumstances.
The PWFA applies to employers with 15 or more employees, and it specifically requires that employers provide reasonable accommodations to qualifying employees who are pregnant. This includes, but is not limited to, temporary reassignment, schedule changes, flexibility regarding work locations, and reasonable accommodations for lactation and breastfeeding. What is “reasonable” varies case-by-case, and disputing the reasonableness of an employee’s accommodation request will be a key defense strategy in some cases.
Age Discrimination in Employment Act (ADEA)
The Age Discrimination in Employment Act (ADEA) applies to employers with 20 or more employees. It prohibits discrimination against employees who are age 40 or older. The ADEA also prohibits age-based harassment; however, it does not include reasonable accommodation provisions (older workers who seek reasonable accommodations will typically do so under the ADA).
To file a successful ADEA claim, an employee must be able to prove that an adverse employment action was based on his or her age, and not based on legitimate employment qualifications. As a result, demonstrating a legitimate business interest in pursuing younger job candidates or offering opportunities to younger employees can be an effective defense strategy. With that said, this must truly be a legitimate business interest—as with all types of discrimination claims, pretexts do not serve as valid defenses. A Long Island employment defense lawyer at our firm can explain in greater detail.
New York State Human Rights Law (SHRL)
The New York State Human Rights Law (SHRL) prohibits all of the forms of discrimination listed above, among others. It applies to all employers, regardless of size. As a result, employees who are not protected under federal law may be protected under the SHRL, and this means that employers on Long Island can face claims in circumstances that would not give rise to liability in many other states.
As a New York employment law firm, we are intimately familiar with the protections afforded to employees under the SHRL. We are also intimately familiar with the defenses employers have available. If your company is facing a lawsuit under the SHRL, a Long Island employment defense lawyer at our firm can get to work protecting your company immediately.
Protected Classes Under Federal and State Employment Laws
The laws discussed above establish several “protected classes” of employees. Employees who fall into any one or more protected classes can pursue discrimination claims if they get fired, demoted or experience any other adverse employment action based on a protected characteristic. Protected classes under federal law and the SHRL include:
- Race, Color, Ethnicity and National Origin
- Sex, Gender Identity and Sexual Orientation
- Pregnancy
- Disability
- Age
- Religion
Sexual Harassment Claims
Sexual harassment is considered a form of sex-based discrimination under Title VII and the SHRL. Along with other types of sex discrimination claims, we have significant experience representing employers in sexual harassment cases as well. As with all types of employment-related disputes, a prompt and thorough investigation is critical, and promptly conducting a good-faith investigation can assist with defending against allegations of being complicit in fostering a hostile work environment or facilitating a quid pro quo.
Wage and Hour Claims
Wage and hour claims can involve minimum wage, overtime, equal pay and other compensation-related issues. They can also involve allegations of improperly classifying non-exempt employees as exempt or improperly classifying employees as independent contractors. We also have extensive experience defending employers against these types of claims; and, as the legal issues involved in these cases can be particularly complex, relevant experience is essential for building an informed and effective defense strategy.
Employment Contract Disputes
Relevant experience is essential for favorably resolving employment contract disputes as well. These disputes can also involve a wide range of complex issues, and the arm’s length transaction rules that apply in the commercial context don’t always apply in the employment scenario. If your company is facing a dispute with an employee under an employment agreement, non-disclosure agreement, severance agreement or any other employment-related contract, a Long Island employment defense lawyer at Bell Law Group can help you decide how best to proceed.
Employment Law Compliance
Along with helping companies defend against current and former employees’ claims under state and federal employment laws, we also help companies avoid these claims through effective compliance management. Our lawyers work with new and established companies of all sizes to help them develop and implement employment policies and procedures that are custom-tailored to their specific risks and needs. If your company’s employment law compliance program is not effective as it could (and should) be, our team can help.
HR and Management Training
Our team can also help with ensuring that your company’s HR and management personnel have the information they need to assist with preventing claims—and responding to claims when they arise. In addition to developing custom-tailored employment policies, we also provide custom-tailored training programs guided by our attorneys’ more than 100 years of combined employment law experience.
Employment and HR Counseling
When you have questions about employment law compliance or need to respond to a harassment or discrimination complaint, you don’t have time to wait. You need to be able to make informed decisions based on sound legal advice right away. In addition to the services discussed above, we also provide ongoing employment and HR counseling to our clients. We communicate with many of our clients’ executives and in-house lawyers on a regular basis; and, by getting to know our clients’ businesses, we are able to help them anticipate—and avoid—employment-related issues in many cases.
Why Choose a Long Island Employment Defense Lawyer at Bell Law Group?
You have a choice when it comes to your company’s employment law counsel, and your choice of legal representation matters. So, why should you choose a Long Island employment defense lawyer at Bell Law Group?
Here are just some of the reasons why employers throughout New York (and beyond) have trusted the lawyers Bell Law Group since 2002:
- Our Experience Representing Employers – Our lawyers have well over 100 years of collective experience representing employers. We have successfully represented employers in all types of employment related disputes, and our lawyers routinely advise employers of all sizes on matters involving state and federal employment law compliance.
- Our Experience Representing Employees – In addition to representing employers, we also represent employees in select cases. Having represented employees in discrimination, harassment, wage and hour, and other types of employment-related matters, our lawyers are well-versed in the types of claims plaintiffs’ lawyers typically pursue and how they pursue them.
- Our Collaborative and Client-Focused Team – Our team of attorneys and support staff work collaboratively to provide each of our clients with the best client service and legal representation we have to offer. We take a client-focused approach to every matter we handle, finding and executing solutions that are custom-tailored to our clients’ specific needs.
- Our Focus on Cost-Effective Representation – We take a cost-conscious approach as well. We know that many of our clients’ legal budgets are limited, and we know that all of our clients need to use their funds as efficiently as possible. We focus on doing what is necessary to effectively represent our clients—no less and no more.
- Our Focus on Results – Whether we are assisting a newly established business with developing custom-tailored employment policies or we are representing a large corporation in an employment-related dispute, we focus on results. Everything we do is intended to help protect our clients’ interests—no matter the stakes. We are passionate about our work, and we are committed to ensuring that our clients receive the maximum return on their investment in our legal services.
FAQs: Protecting Employers on Long Island, NY
What Does it Take for an Employee to Prove Discrimination?
What it takes for an employee to prove discrimination depends on the employee’s specific allegations and whether the employee is seeking remedies under state or federal law. Generally speaking, however, proving employment discrimination requires evidence that: (i) the employee is in a protected class; (ii) the employer took adverse employment action against the employee based on a protected characteristic; and, (iii) the employee suffered compensable harm as a result. While proving discrimination is not easy, employers must also defend themselves effectively to avoid unnecessary liability.
What Does it Take for an Employee to Prove Sexual Harassment?
Since sexual harassment is classified as a form of sex-based discrimination, the requirements for proving sexual harassment are generally the same as those for establishing other types of employment discrimination claims. However, in federal cases under Title VII, employees must also be able to prove that either: (i) the harassment is so pervasive or severe that it creates a “hostile work environment;” or, (ii) the harassment involved a quid pro quo.
How Can Employers on Long Island Defend Against Discrimination and Harassment Claims?
Defending against discrimination and harassment claims starts with investigating the employee’s allegations right away. Employers should not make any assumptions about the veracity of employees’ allegations; and, when investigating discrimination or harassment allegations, employers must focus on reaching an unbiased conclusion based on a comprehensive assessment of all relevant facts. Mistakes at this stage can prove very costly, and this makes it critical to work with an experienced Long Island employment defense lawyer from the outset of an employee’s claim.
How Should Employers Respond to Employee Complaints?
Employers need to take all employee complaints seriously. Dismissing a complaint out of hand or assuming that it is invalid can have serious adverse consequences. As discussed above, the first step is to conduct a prompt and thorough investigation; then, using the information gathered during this investigation, employers should make an informed decision about their next steps. Depending on the circumstances at hand, these steps could range from taking no further action to preparing to present a strategic defense before the EEOC, the New York Division of Human Rights, the New York Department of Labor, or in state or federal court.
How Can I Make Sure My Company is Compliant with Federal and New York Employment Law?
Ensuring that your company is fully compliant with all applicable federal and state employment laws involves working with experienced employment law counsel to assess your company’s legal obligations, implement policies and procedures that are custom-tailored to these obligations, and provide training to your company’s HR and management personnel. We provide comprehensive employment law compliances to employers of all sizes on Long Island and throughout New York.
Speak with a Long Island Employment Defense Lawyer at Bell Law Group
If you would like to speak with a Long Island employment defense lawyer at Bell Law Group, we invite you to get in touch. We have experience advising and representing employers of all sizes in a wide range of industries. To schedule an appointment at your convenience, please call 516-530-9936 or tell us how we can reach you online today.
