According to the Equal Employment Opportunity Commission (EEOC), to discriminate against someone is to treat them less favorably or differently for some reason. Some laws protect employees from discrimination, but discrimination can be difficult to prove. A lawyer can help you determine if you might be able to win a discrimination case.
In order to win a discrimination case, the employee must be able to prove discrimination occurred. In New York, the New York City Human Rights Law protects people from many different types of discrimination.
The New York City Human Rights Law Helps Protected Classes
The New York City Human Rights Law protects employees from being discriminated against based on:
- Citizenship status
- Gender and gender identity
- Marital status
- Sexual orientation
- Military status
- Conviction record or arrest
- Credit history
- Pre-employment marijuana testing
- Salary history
- Status as a victim of domestic violence, stalking, and sex offenses
- Unemployment status
Different Types of Discrimination May Occur in the Workplace
Discrimination in the workplace can vary in each situation. The EEOC protects employees against discrimination. There are different types of workplace discrimination, such as:
Unfair treatment can include any treatment you receive based on your protected class that negatively impacts your work life.
Harassment in the workplace due to your race, ethnicity, color, sex, disability, age, or any other protected class is considered discrimination.
Denial of Workplace Change
Your workplace should make reasonable changes to the workplace to accommodate your religious beliefs. Not doing so may be considered discrimination.
Your employer cannot ask you questions about your genetics or your medical information.
If you complain about discrimination in the workplace, you are protected against retaliation, such as termination.
If you feel you experienced any of the above forms of discrimination, you might be able to receive compensation for the damages you faced.
You Might Be Able to Receive Compensation if You Experienced Discrimination
If you were discriminated against in the workplace, you might be able to receive damages for:
Back pay is the pay you lost from the time of discrimination to the time your claim is settled. For example, if you were terminated due to your race, you may receive compensation to cover the time of your termination to the time the court decides in your favor. This may also include the pay you would have received if you were still employed.
Front pay is the pay that you could potentially lose out on due to your discrimination. The end date of your front pay depends on how long it is likely to take you to find future employment. While it is difficult to determine the exact time you will be employed, expert testimony can be brought in to give a statement as to how long it is usually.
If you were terminated due to discrimination, you might be able to receive compensation for the benefits you lost. This may include medical insurance, retirement benefits, paid time off, and any other benefits that were taken from you due to termination. A lawyer can help you determine an estimated dollar amount that you lost out on due to a loss of benefits.
You may be able to get compensation for any legal fees you acquired due to the discrimination brought against you.
Being discriminated against in the workplace can be an emotional experience. Being terminated is also an extremely stressful experience. Not knowing how you are going to pay your bills or feed your family can weigh on you. While it is difficult to put a dollar amount on this stress, it should be considered when determining compensation.
You Must Provide Evidence that You Experienced Discrimination
According to Workplace Fairness, if your employer denies terminating you for discriminatory reasons, you must prove their stated reason is false and that you were discriminated against, resulting in your termination.
To win a discrimination case, you must be able to prove:
Membership in a Protected Class
Membership in a protected class is usually easy to prove. You must be able to prove you are part of a protected class that could be discriminated against.
You must be able to prove there was adverse action taken against you due to your protected class.
Discriminatory animus must be proven. You must be able to show that the action was taken because of ill feelings toward your protected class.
You must be able to prove that there was a negative effect on you due to the discrimination.
How a Lawyer from Morelli Law Firm Can Help
Workplace discrimination happens more often than it should. It should not go unnoticed or unaccounted for. A lawyer can help you file a discrimination claim and determine the type of evidence you need to build your case.
Contact Morelli Law Firm today to see what options are available to you. Workplace discrimination should not be taken lightly. Call (212) 751-9800 for a free consultation.