Employment Lawyers at Harding Mazzotti, LLP
Employment Lawyers at Harding Mazzotti, LLP
Workplace discrimination is an unfortunate reality that many employees face, yet it is something no one should tolerate. Discrimination can manifest in numerous forms, whether through overt actions or subtle behaviors, and it can have severe impacts on an individual’s career and well-being. Understanding your rights and knowing how to respond when you suspect discrimination is crucial. This article will teach you about workplace discrimination, how to recognize it, and the steps you can take to protect yourself.
Workplace discrimination occurs when an employee is treated unfairly or differently because of specific characteristics that are legally protected. These characteristics, also known as protected classes, include race, color, national origin, religion, sex (including pregnancy, sexual orientation, and gender identity), age, disability, and more. Discrimination can take various forms, including:
Federal laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) provide baseline protections against such discriminatory practices. Other federal laws also cover certain types of discrimination claims. In New York, the New York State Human Rights Law (NYSHRL) offers additional safeguards, covering a broader range of protected classes and applying to all employers, regardless of size.
Discrimination isn’t always obvious. It often manifests subtly, making it challenging to recognize. However, being aware of the following signs can help you identify potential discrimination:
Disparate Treatment: If you notice that you are being treated differently from your colleagues who are not part of your protected class, this could be a red flag. This might include being excluded from meetings, denied opportunities, or subjected to different performance standards.
Harassment: This includes unwelcome comments, jokes, or physical actions directed at your protected class, creating a toxic work environment. Harassment becomes unlawful when it is frequent or severe enough to create a hostile or abusive work environment.
Biased Decision-Making: If decisions regarding promotions, pay raises, or other employment terms seem to be influenced by race, gender, or other protected characteristics rather than merit, you might be on the receiving end of discrimination.
Retaliation: If you experience negative consequences after reporting discrimination or participating in a discrimination investigation, this is considered illegal retaliation.
Recognizing these signs early and taking appropriate action is crucial to protecting your rights.
In New York, anti-discrimination laws are extensive and cover a wide range of employers to ensure that employees across the state are protected from unfair treatment. Here’s an overview of which employers must comply with these laws:
Under federal law, most employers with 15 or more employees must comply with anti-discrimination provisions, particularly those outlined in Title VII of the Civil Rights Act of 1964. This law prohibits discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin. Other federal laws have slightly different employee thresholds:
New York State’s anti-discrimination laws are among the most comprehensive in the country. The New York State Human Rights Law (NYSHRL) mandates that all employers—regardless of size—must comply with its provisions. This means that even if a business has only one employee, it is still required to follow these anti-discrimination rules. The NYSHRL protects against discrimination based on several characteristics, including but not limited to:
Additionally, New York State law protects employees from discrimination based on lawful off-duty activities, such as political activities, the use of legal consumable products (like tobacco or alcohol), and participation in recreational activities.
If you suspect that you are experiencing discrimination at work, it is essential to act promptly and methodically. Here are the steps you should follow:
Document Everything: Start by documenting every incident of discrimination. Include details such as dates, times, locations, people involved, and what was said or done. Collect any evidence that supports your claims, such as copies of emails, messages, or performance evaluations.
Report the Discrimination: Follow your company’s procedure for reporting discrimination if it has one. Typically, this involves reporting the issue to your supervisor or the Human Resources (HR) department. Ensure that you do this in writing so that there is a record of your report.
File a Complaint with External Agencies or see legal counsel to do so on your behalf: If the issue is not resolved internally, or if you face retaliation, you can file a complaint with external agencies. The Equal Employment Opportunity Commission (EEOC) handles most types of federal complaints, while the New York State Division of Human Rights addresses state-level complaints. A Harding Mazzotti, LLP attorney can assist you in deciding whether filing a charge with a federal or state agency is the right next step for you. Filing a complaint with the EEOC is also required before bringing most discrimination or retaliation cases in federal court.
Seek Legal Advice: Workplace discrimination cases can be complex, with laws constantly changing, and having legal representation can be invaluable. An experienced employment law attorney at Harding Mazzotti, LLP can help you understand your rights, gather evidence, and determine the best course of action.
Consider Legal Action: Depending on the circumstances, you may choose to file a lawsuit against your employer. This could lead to remedies such as monetary compensation, reinstatement to your position, or changes in company policies to prevent future discrimination.
At Harding Mazzotti, LLP, we are dedicated to standing up for the rights of employees who have faced discrimination. Our team of experienced employment law attorneys is well-versed in both federal and New York state laws and can provide the guidance you need to navigate the complexities of your case.
Comprehensive Case Evaluation
We begin by thoroughly evaluating your case to determine its merits and the best legal strategy to pursue. This includes assessing the evidence and discussing your goals and expectations.
Aggressive Advocacy
Our attorneys are known for their aggressive approach to defending our clients’ rights. We are prepared to negotiate settlements, represent you in arbitration or mediation, and, if necessary, take your case to trial.
Tailored Legal Strategies
Every discrimination case is unique, and we tailor our approach to fit the specific circumstances of your case. Whether you are dealing with subtle discrimination or overt harassment, we develop strategies that align with your personal and professional goals.
Ongoing Support and Communication
We understand that legal processes can be stressful, which is why we prioritize clear and consistent communication. We keep you informed at every stage of your case and ensure that you understand your options.
If you believe you have been discriminated against in the workplace, contact Harding Mazzotti, LLP today for a free, no-obligation consultation. Our dedicated team is here to listen to your concerns, guide you through the legal process, and fight for your rights every step of the way.
For more information or to schedule a consultation, please contact us by calling or clicking below to speak to someone at any time of the day, 365 days a year. Harding Mazzotti, LLP is committed to ensuring that every employee is treated with the dignity and respect they deserve.
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