New York City Discrimination, Harassment, and Retaliation Lawyers
New York, New York
When it comes to your employment, there are certain protections in place afforded to you by law that prevent and protect employees from the fear and threat of discrimination, harassment, and retaliation. Unfortunately, many employees who may belong to minority or underrepresented groups may face this situation on a daily basis. The New York City labor and employment attorneys at Tully Rinckey have years of experience advocating for employees in these situations and holding employers accountable.
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.
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:
Rejected for a promotion
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
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 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.
What Our Clients Are Saying:
Unfortunately, I had EEOC issues that I could not resolve with my employer. After several weeks of searching for a law firm with the knowledge, ability and resources to take on an EEOC case against a large agency, I heard about Tully Rinckey, PLLC., Allen Shoikhetbrod, my attorney at Tully Rinckey, is phenomenal. Allen is extremely knowledgeable about EEOC and government agency issues. Experienced, honest, professional, detail-oriented, empathetic and warrior are words I would use to describe him. Tully Rinckey is a professional law firm that cares about the individual, not just the numbers. There were no surprise or hidden fees, phone calls and emails were promptly answered. The legal representation and advice provided during my case was well worth the cost. I would definitely recommend Tully Rinckey to family and friends.
We needed some quick and basic legal advice for our company regarding employee relations. Within 24 hours of calling we had a phone consultation set up with a lawyer (one specialized in our type of legal subject). Ryan was attentive, thorough and answered all our questions. The fee was very reasonable as well. All the other firms I called were booked up for a while and required and In-Office consult which we didn't have time to wait for - we needed advice ASAP. Tully Rinckey came though and gets 5/5 stars and we will definitely be returning for any/all our future legal challenge.
My experience with Allen S. was nothing but professional. I was referred to Allen by a former colleague and he did not disappoint. Allen was very down to earth, very knowledgeable and he thoroughly explained the EEO and ADR process, while helping me manage my expectations for resolution. I was well represented in my ADR and so I felt heard by management in my complaint. If you’re looking for strong representation in your EEO case, I would highly recommend that you reach out to Allen S. He did a fabulous job and I am a satisfied client.
Tully Rinckey did a great job on my case. They were extremely knowledgeable and had a great bedside manner. They was obviously also highly respected by the members of the board we appeared before.
When a Judge refers to your attorney as the world famous Mat Tully, you know you have the right lawyer on your side. Mr. Tully has won several cases for me, with one being a landmark decision, and I watched as he took on the US Department of State, the US Department of Justice and wowed the entire Merit System Protection Board. When you have a case involving military, employment law or USERRA, you must call Mathew Tully first. Mr. Tully is a military officer, former civilian federal employee and a columnist, so he knows the system inside and out. He will explain the strengths and weaknesses of your case and then provide a clear, unambiguous direction and strategy. He is a no nonsense lawyer and will not accept any money from you unless he feels he can truly win.
Our New York City Discrimination, Harassment, and Retaliation Attorneys are Available to Assist you Today
If you are a victim of discrimination, harassment, or retaliation in your workplace, contact us today. With the strict deadlines and procedures in place for responding to these actions, it is critical that you have someone on your side that can help you make sure you set yourself up for success for your claim. Our New York City labor and employment attorneys routinely help employees throughout the New York City metropolitan area, including Long Island, the five boroughs, and the lower Hudson Valley. We will be with you at every step of the way and can assist at any stage of the claims process. We have seen cases similar to yours and will act aggressively in your best interest.
To schedule an initial consultation with a member of our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or email@example.com. You can also book your consultation online via the link below.
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