Max Bracero

Max Bracero is an experienced sexual harassment and employment law attorney at Phillips & Associates PLLC. Mr. Bracero is a passionate litigator who believes strongly in civil rights and fairness in the workplace. He has litigated numerous cases in federal and state court, as well as arbitrations, and regularly represents employees in cases involving discrimination and retaliation claims under Title VII, the New York State Human Rights Law, the New York City Human Rights Law, and New York’s Whistle Blower statute. In addition, Mr. Bracero has extensive experience resolving cases prior to litigation where he regularly participates in mediation and other forms of alternative dispute resolution to achieve the best results for his clients.

Because of his extraordinary results for his clients, Mr. Bracero was selected by Super Lawyers as a “Rising Star” in 2023. Some of his other notable results include a $534,000 settlement on behalf of a client in a sexual harassment case, a $180,000 settlement on behalf of law firm executive who was wrongfully terminated after engaging in whistle-blowing activity, successfully defeating a Motion to Dismiss in Federal Court, and helping secure a $325,000 settlement in a case that resolved on the first day of trial.

Prior to joining Phillips & Associates, Mr. Bracero attended Temple University School of Law, where he served on the National Law Guild Expungement Committee, the Pennsylvania Innocence Project, and Volunteer Income Tax Assistance Program (VITA) Program. Mr. Bracero brings a wide range of legal experience to his work as an attorney with the firm. He served as a Judicial Intern at the United States District Court of New Jersey in 2018 and was a hearings intern for Administrative Judge Allyson Jozwik in the same year. He also worked as a paralegal for the New York City Law Department.

Max Bracero Fights for Workers Who Face Discrimination or Harassment

Anti-discrimination laws include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and the New York City Human Rights Law.

Employers must abide by a range of protections provided to employees under these different laws. However, the laws don’t have precisely the same scope or language. Courts interpret them in different ways so that what is discrimination under one law may not be discrimination under another. For example, as a transgender worker, you are protected from workplace harassment under city and state laws, but it may be a little more challenging to pursue your claim under federal law.

Accordingly, it is critical to consult an attorney about whether you have a basis to go forward and in what manner. There are time limits to pursuing damages. Memories fade over time and evidence disappears. You should consult a New York City attorney as soon as you suspect you’re being discriminated against or harassed based on a protected characteristic.

City and State Laws

The New York City Human Rights Law provides substantial protection to employees.

An employer may take an adverse employment action based on a protected characteristic with regard to any of the following:

• Job postings
• Job interviews
• Hiring
• Discipline and firing
• Promotions and demotions
• Salary and benefits
• Performance evaluations
• Any other decisions that affect the terms and conditions of your job

If you are disabled, your employer’s failure to provide a reasonable accommodation to you may be actionable discriminatory conduct, unless it would face an undue hardship by doing so.

In order to pursue damages under the New York City Human Rights Law, you will need to file a complaint with the Commission within one year of the last discriminatory act you faced, or three years of the last gender-based harassment you allege.

State Law

The New York State Human Rights Law provides protection in a wider range of areas than does federal law. It forbids discriminatory harassment in the workplace. Employers cannot harass employees based on their race, age, creed, color, sexual orientation, national origin, gender expression, gender identity, sex, disability, military status, familial status, domestic violence victim status, or marital status. Employers can’t harass anyone who opposes an illegal practice under state law. Discriminatory harassment is illegal under the New York State Human Rights Law when it results in a person facing inferior terms, conditions, or privileges of employment, which is a lower standard than the severe and pervasive standard that is common under anti-harassment law.

Consult an Experienced Employment Discrimination Attorney

Mr. Bracero is committed to fighting for your rights under federal, state, or local anti-discrimination laws. If your employer made an adverse decision based on your protected characteristic, Mr. Bracero or one of the other seasoned employment discrimination lawyers of Phillips & Associates may be able to represent you. We represent employees in Brooklyn, Manhattan, Queens, Staten Island, the Bronx, Nassau County, and Suffolk County. Call us at (866) 229-9441 or complete our online form.