You may need an employment lawyer if you have a significant conflict with your employer about your rights. Federal, state, and local laws provide protections for those within the workplace. Unfortunately, some employers do not follow the laws that govern their relationships with workers. You might face discrimination from your employer based on a protected characteristic such as race or national origin. Or you might face sexual harassment from coworkers and retaliation from your employer when you complain. If you are hoping to obtain legal representation, you should call the seasoned New York City employment law attorneys of Phillips and Associates.
You need savvy law firm to provide legal counsel and representation in a claim against your employer. Employment laws are intricate and subtle nuances can impact whether you can recover damages and how much the damages award is. Most laypeople are not able to parse slight differences in the language of the statutes that govern their rights.
Employment Discrimination Lawsuits
Employment discrimination occurs when an employer takes an adverse action against an employee due to his or her protected characteristic. It is unusual nowadays for your employer to come right out and explain that they are firing, demoting, or not promoting you because of your race, national origin, sexual orientation, sex, disability, age, religion, or color. However, many workers with marginalized identities notice when they are treated differently than their coworkers by an employer. You may not be able to identify what you find objectionable, but we might be able to spot it from hearing about what you experienced. You should tell us about what happened to you if you suspect your employer has done something wrong or illegal based on an aspect of your identity.
Employers may use coded language that suggests discriminatory reasoning, without explicitly saying that their adverse actions were taken because of identity. An example of this in the workplace is a boss who lays off older workers because he's hoping for "fresh ideas" or "youthful energy". When race or national origin is the reason for discrimination, an employer may use language that references the company's image or the type of person with whom customers or clients would prefer to deal.
Suing Under the New York City Human Rights Law
One of the most favorable laws in the country for workers is the New York City Human Rights Law. It provides substantial protections against discrimination based on many different characteristics. For example:
- You may need an employment lawyer under the city law, for example, if the CEO of your company told you that he would make sure your career advanced if you submitted to his sexual advances.
- Similarly, if you are Black and denied promotions because your employer does not believe you present the right "image" for the company, you may be able to pursue damages under the city law.
Suing Under the New York State Human Rights Law
The New York State Human Rights Law has been amended so that it is more in line with city law than it used to be. It does not protect quite as many characteristics as the New York City Human Rights Law, but it protects more than federal laws. It now protects employees even when they are the only employee of the company. It also protects domestic workers.
You may need an employment lawyer to pursue your rights under the state law if you were denied a reasonable accommodation for your disability, even though it would not have presented an undue hardship to your employer. As a worker who has multiple sclerosis or cancer or suffers blindness, you may be uncertain about whether a reasonable accommodation should be provided for your particular disability. You may not be sure whether providing the disability accommodation would have posed an undue hardship to your employer. We can take a look at the situation and determine whether there are grounds to sue and provide legal representation all the way through trial if there are.
Protection Under Federal Laws
There are several federal laws that prohibit discrimination in the workplace as well. Often state and local antidiscrimination laws provide the broadest, deepest protections to workers. Federal laws tend to protect only employees of companies that are midsize or large. However, there are some circumstances in which federal law will provide the greatest protection and protect your rights under that law.
There are strict time limits to filing a charge with the Equal Employment Opportunity Commission (EEOC). You will need to file this charge prior to bringing a lawsuit in federal court. It is wise to file the charge to protect your right to sue. At Phillips and Associates, we are seasoned advocates in federal, state, and local forums for relief. You should call us for a free consultation as soon as you realize your employer has discriminated against or harassed you to make sure the appropriate legal steps are taken within the necessary timeframe.
Hire an Experienced Employment Discrimination Firm
The seasoned New York City employment discrimination lawyers at our firm will ask you questions about your case to establish the facts and determine whether you have strong grounds for a lawsuit. Our reputation precedes us. Businesses know we take workers’ rights seriously and are willing to go to trial in order to pursue remedies for discrimination. This can help with negotiating a strong settlement and proceeding to trial when needed. Phillips & Associates has years of representing workers who have been harmed in Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Suffolk County, or Nassau County. Call us at (866) 229-9441 or complete our online form.