Discrimination
Individuals are protected from discrimination based on their age, race, color, national origin, religion, gender, sexual orientation, or handicap under Title VII of the Civil Rights Act, and other legislation such as the Equal Pay Act, New York City Human Rights Law, New York State Human Rights Law, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and Pregnancy Discrimination Act (PDA).
How to File a Discrimination Claim
Depending on if your claim is covered by federal, state, or city laws, you can choose to file with the Equal Employment Opportunity Commission (EEOC), the New York City Human Rights Commission, or the New York City Human Rights Commission. Considering the fact that many laws cover many different forms of discrimination and apply to different sized employers—not considering that there are different processes and procedures for each commission—it may be wise to seek experienced legal counsel when looking to file your claim. At Tully Rinckey, we can help analyze your unique situation and advise you on the most appropriate ways to file your complaint or case with.
You have the right to sue your employer in court if the government agency is unable to address your complaint or chooses not to pursue an action against your employer. If you win, the court can order you to be reinstated with back pay plus interest, front pay in lieu of reinstatement, and other monetary damages for the loss you have suffered. If necessary, we will represent you before the appropriate government or in state or federal court to protect your rights.
Retaliation
Many of New York’s civil and human rights laws protect employees from more than just discrimination and harassment in the workplace. One of the most often forgotten protections in these laws is the protection from retaliation for exercising your legal rights. Whether filing for protected leave or accommodations or choosing to blow the whistle on your employer, you are protected from reprisal from your employer.
What Counts as Retaliation and How Can I Respond?
When linked to a discrimination complaint or other protected behavior, any of the following employment actions could be considered unlawful retaliation. Some examples are:
- Demotion
- Rejected for a promotion
- Salary reduction
- Denial of a bonus or other form of payment
- Suspension, reprimand, or other disciplinary action
- Creating a hostile workplace
- Transfer or reassignment to an unfavorable shift, job, worksite, or job responsibilities
Harassment
Title VII of the Civil Rights Act of 1964, as well as other federal and state laws, ban unlawful harassment. Harassment is defined as unwanted verbal or physical acts based on race, color, religion, sex, national origin, age (40 and above), disability (mental or physical), or reprisal when the conduct is either severe or pervasive enough to create a hostile work environment or results in the change in an employee’s employment status or benefits. New Yorkers have access to the federal Title VII statute as well as the New York State Human Rights Law.
Sexual Harassment
Sexual harassment can take many forms, including same-gender harassment and harassment based on gender identity or sexual orientation, but it does not have to be sexual. The behavior might rise to the level of sexual harassment if it was unwelcomed and based on the victim’s sex.
Historically, sexual harassment was divided into two types: quid pro quo and hostile work environment. Quid pro quo harassment occurs when a supervisor promises advantageous employment treatment (promotion, increase, plum assignment) in exchange for the employee’s acceptance of the supervisor’s sexual approaches. A hostile work environment has traditionally meant that uninvited sexual behavior is so severe or widespread that it makes the victim feel threatened or intimidated in the workplace. As previously stated, hostile environment harassment does not have to be “severe or pervasive” in New York, nor does it have to be sexual, as long as it is motivated by the victim’s gender.
