When we are applying for a new job or being evaluated at our existing job, we hope to be judged based on our performance and not on our appearance or identity. Discrimination in the workplace is a serious situation. Not only can it make your job in Hempstead nearly impossible to perform, but it can also affect your ability to get a new job or progress in your company.
Although some types of discrimination are obvious, there are other forms that are subtle. This can make it hard for someone to know whether they potentially have a claim against their employer for discriminating against them or allowing discrimination in the workplace.
There is also the emotional toll of being the subject of discrimination. It can be incredibly isolating, and, in some cases, the victim does not want to draw more attention to themselves. Although bringing a claim against your employer after being the victim of discrimination can be intimidating, a Hempstead employment discrimination lawyer can help you through the process.
Morelli Law Firm offers a free consultation so that you can discuss your situation with one of our staff members. Call (212) 751-9800.
Identifying Employment Discrimination
Discrimination in the workplace happens when an employer or supervisor treats you differently based on your membership in a protected class. There are many different ways that adverse treatment can happen, including termination, not hiring you, demotion, being passed over for a promotion, receiving different pay, and being given fewer opportunities than other workers.
For example, if you are passed over for a promotion because you are expecting a child or wear a hijab, this is discrimination in the workplace. Discrimination can also happen based on your sex, gender identity, or sexual orientation.
If you are not sure you were the target of discrimination, it is a good idea to speak to an employment lawyer about your situation to get some clarity about whether you can take legal action.
Federal Protections for Discrimination
There are laws at the federal, state, and local levels that prohibit various types of discrimination. You should explore your rights under each of these laws to ensure that you are aware of all your options. In some cases, the laws will require that your employer has a minimum number of employees for the protections to apply.
At the federal level, the Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal regulations against discrimination. If you pursue compensation through this system, you will first need to file a claim with the EEOC before you can file a claim in civil court. There are many different laws that the EEOC enforces, such as:
- Title VII of the Civil Rights Act of 1964
- The Pregnancy Discrimination Act
- The Equal Pay Act of 1963
- The Age Discrimination in Employment Act of 1967
- Title I of the Americans with Disabilities Act of 1990
- Sections 102 and 103 of the Civil Rights Act of 1991
- Sections 501 and 505 of the Rehabilitation Act of 1973
- The Genetic Information Nondiscrimination Act of 2008
Each of these laws may offer you some type of protection and make you eligible to receive financial compensation from your employer.
A Hempstead employment discrimination lawyer is familiar with these laws and can help you determine how they may apply to your situation. To learn more, contact Morelli Law Firm now at (212) 751-9800.
Hempstead Employment Discrimination Lawyer Near Me 877-751-9800
New York Protections for Workers
In New York, the Division of Human Rights is responsible for enforcing the state’s anti-discrimination laws. There are many laws in the state that are aimed at protecting employees from discrimination and harassment, such as the New York State Human Rights Law. They make it illegal to discriminate against someone based on factors like:
- National origin
- Sexual orientation
New York has passed additional laws that protect employees in a variety of ways. For instance, it is illegal to discriminate against someone for the use of a service dog, marital status, prior convictions, caregiver status, or their status as a domestic violence survivor. The laws also require employers to provide reasonable accommodations for victims of stalking, cyberbullying, and domestic violence.
If you believe you were discriminated against based on one of these characteristics, you may have a viable legal claim against your employer for damages.
There are also two different places where you can pursue a state-based claim for workplace discrimination in New York:
- The New York Division of Human Rights (DHR)
- The New York Commission on Human Rights (CHR)
These agencies work together along with the EEOC to cooperate on claims involving workplace discrimination.
Pursuing Compensation After Workplace Discrimination
If you can establish that your employer engaged in discrimination or allowed it to happen in the workplace, you may be awarded compensation. As such, the discrimination laws are generally designed to make the victim whole again, such as returning them to their position, providing adjusted compensation, or receiving a promotion.
Employers are also required to stop any discriminatory practices and address any discriminatory conduct in the workplace.
Because there are different laws and places where you can file a claim, however, it can become incredibly overwhelming and complicated. It is important to follow procedural rules about where to file certain paperwork and adhere to deadlines for filing your claim.
If you fail to follow these rules, you may jeopardize your right to receive compensation from your employer.
A Hempstead workplace discrimination lawyer at Morelli Law Firm may be able to help you pursue the justice you deserve after being the victim of discrimination at work.
For a free consultation, call our office now at (212) 751-9800.