Discrimination

Employment Discrimination

Under New York, New Jersey and federal law, employment discrimination against countless groups is illegal. Even so, employment discrimination still occurs in countless workplaces across New York and remains an enduring problem. Employers also make it difficult for employees or prospective employees to speak up against discrimination by creating a culture of silence where this behavior is not only considered acceptable, but the norm. However, you have the right to speak up and see justice for the hardships you have faced.

The experienced team at Brustein Law understand the propound impact employment discrimination has on an individual’s life and have made it our mission to empower champion for the fair and equitable treatment of employees across New York and New Jersey. Let us help you hold your employer accountable for their discriminatory practices. You tell the truth, and we’ll handle the rest.

What Constitutes Employment Discrimination?

Every employee has the absolute right to a fair workplace where they are treated equitably. Employment discrimination occurs when an employee or prospective employee is targeted or treated unfairly based on certain protected characteristics. Employment discrimination need not be outright, it can also include harassment or engaging in a pattern of unwelcome behavior, whether based on an official or unofficial company policy. This can manifest in many ways, including, but not limited to, hiring decisions, promotions, demotions, compensation, job assignments, duties, and terminations.

Employment discrimination is illegal under many federal, New York State, and local laws. These laws give victims of employment discrimination recourse to seek justice. These laws include Title VII of the Federal Civil Rights Act, the New York State Human Rights Law, and the New York City Human Rights Law, among others. Victims of employment discrimination in neighboring New Jersey can rely on the New Jersey Law Against Discrimination for legal options for redress following discriminatory practices in the workplace.

Am I Protected from Employment Discrimination?

There are certain characteristics known as “protected classes” that are inherently illegal to discriminate against in a New York workplace. This includes discrimination based on:

  • Race

  • Color

  • Creed

  • Sincerely held practice of religion

  • Disability

  • National origin

  • Sexual orientation

  • Gender identity or expression

  • Military status

  • Predisposing genetic characteristics

  • Sex

  • Age

  • Marital status

  • Status as a victim of domestic violence

  • Arrest record or conviction record

New York City Human Rights Law

In New York City, these protections have been expanded, making it illegal to discriminate against individuals in the workplace based on:

  • Immigration or citizenship status

  • Sexual or reproductive health decisions

  • Employment status

  • Credit history

  • Caregiver status

  • Height and/or weight

In addition to these protections, employers cannot discriminate against employees or prospective employees for engaging in certain activities away from the workplace and outside of working hours, so long as the employee is not using any equipment or property owned by the employers. These activities include political activities, legal cannabis use, and legal recreational activities.

What is a Hostile Work Environment

A hostile work environment refers to a workplace where an employee faces persistent harassment, discrimination, or unfair treatment that creates an uncomfortable or intimidating atmosphere.  This can include offensive behavior related to race, gender, religion, or other protected characteristics, as defined by state and federal law.  Occasional disagreements or isolated incidents are usually not enough to create a hostile work environment.  The behavior must be sufficiently severe or pervasive that it significantly impacts an employee’s ability to do their job.

In rare cases you may also be awarded financial compensation in the form of punitive damages, which occurs when the court financially punishes a perpetrator of workplace discrimination for exceptionally egregious actions. You may also be entitled to injunctive relief, which are court orders which stop the discriminatory practices and implement actions to correct the discrimination.

Seeking Justice for Employment Discrimination

Victims of New York or New Jersey employment discrimination have many avenues to seek justice under the many laws upholding the right to a fair and nondiscriminatory workplace on the New York state, New Jersey state, and federal level. A skilled New York workplace discrimination attorney can evaluate the unique circumstances surrounding your case to help you determine the best course of action to get justice. Not only can discriminatory employers be held liable for their misdoings, but so can each individual perpetuating these discriminatory practices in the workplace.

Victims of workplace discrimination may be entitled to certain forms of financial compensation, including compensation for:

  • Lost wages

  • Lost future earnings

  • Wrongful termination or demotion

  • Medical expenses, including the costs of any mental health treatment

  • Pain, suffering, and emotional distress

  • Attorney’s fees

Contact Our Skilled Employment Discrimination Team Today

If you or a loved one have been the victim of employment discrimination in New York, trust Brustein Law to help you seek justice. You deserve to be heard and you don’t have to face employment discrimination alone. Our experienced team is ready to uphold your absolute right to fair and equal employment opportunities. Contact our team today for a free and confidential consultation. We are ready to start fighting for you and your fair treatment in the workplace. Let us bring credibility to your truth.