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Employment Discrimination

New York Employment Discrimination Attorneys 

Fighting Against Employment Discrimination in NY, NJ, PA & FL

Many employers fail to comply with their legal obligations to employees. Employer misconduct may involve discriminating against or harassing certain workers who belong to protected classes or failing to pay employees according to minimum wage and overtime laws.

In some cases, employers may unlawfully retaliate against employees who have complained about their mistreatment. At Phillips & Associates, PLLC, our experienced discrimination attorneys are familiar with federal, state, and local laws.

We can help you file a charge with the Equal Employment Opportunity Commission (EEOC) or a lawsuit for damages when appropriate. Whether you need a sexual harassment attorney, guidance with a wrongful termination claim, or another form of assistance, Phillips & Associates, PLLC is ready to provide comprehensive representation to employees and job applicants whose rights have been violated.

Call Phillips & Associates, PLLC today at (866) 229-9441 or contact us online to schedule a consultation with our employment discrimination attorneys in New York.

Why Choose Us?

When you are a victim of harassment in the workplace, your job performance and your emotional well-being may suffer. At Phillips & Associates, PLLC, we understand how difficult it is for our clients to come forward and talk about unlawful conduct in their workplace.

They may be concerned about being ostracized by their coworkers or retaliated against by their supervisors. Our attorneys believe that every employee in New York is entitled to work free of discriminatory actions. If you have experienced sexual harassment at your job, we will devote our energies to helping you pursue the compensation you need. Retaliation is illegal, but some employers ignore the law. Our compassionate involvement and advice can help address any concerns you may have about adverse consequences for your actions.

Empower Yourself Against Workplace Harassment 

The lawyers at Phillips & Associates, PLLC have represented numerous victims of employment discrimination claims, such as those involving sexual harassment. We have successfully represented employees working at large and small companies who have been victimized by their employers, supervisors, or coworkers. We have also helped them bring retaliation claims when appropriate. We can offer you knowledgeable guidance throughout pre-trial negotiations. If an appropriate settlement cannot be reached, we can represent you aggressively at trial. Our clients value our candor and attention to detail. We communicate clearly, promptly, and compassionately with each individual whom we represent.

FAQs About Discrimination

What Qualifies as Employment Discrimination?

Employment discrimination occurs when an employee or job applicant is treated unfavorably due to characteristics protected by law. This includes discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. In New York, the laws expand to cover characteristics like sexual orientation and gender identity, among others. Discrimination can manifest in various ways, such as unfair hiring practices, unequal pay, denial of promotions, or unjust termination. Understanding the breadth of what constitutes discrimination is vital for anyone who suspects they may be a victim. It requires gathering tangible evidence and working with knowledgeable legal professionals like our New York City discrimination lawyers to ensure that all aspects of this discriminatory behavior are comprehensively documented and addressed under the prevailing legal standards.

How Does Retaliation Differ From Discrimination?

While both are unlawful, retaliation and discrimination are distinct. Discrimination involves biased actions based on a protected characteristic. In contrast, retaliation refers to adverse actions taken against an employee for engaging in legally protected activities such as filing a complaint, participating in an investigation, or opposing discriminatory practices. In New York, there are robust protections to address retaliation, acknowledging the chilling effect it can have on the willingness of individuals to assert their rights. Retaliatory actions may include demotion, salary reduction, or even harassment post-complaint. Our legal team is adept at identifying subtle forms of retaliation and strategizing appropriate legal responses. We prioritize safeguarding your rights and addressing any form of retaliation swiftly and effectively.

What Evidence is Needed to Prove Discrimination?

Documentation is crucial to building a strong case of discrimination. This may include emails, performance reviews, and records of incidents that demonstrate biased treatment. Witness statements from colleagues who observed discriminatory acts or patterns are also invaluable. Incident reports and personal notes detailing discrimination encounters can strengthen your case. In New York, utilizing state and city protections, capturing a chronological record of events, and compiling comprehensive evidence with the assistance of legal counsel is essential. At Phillips & Associates, PLLC, we assist our clients in gathering and organizing the necessary documentation, guiding how each piece of evidence contributes to painting a persuasive picture of discrimination.

How Long Does a Discrimination Claim Take?

The timeline for resolving a discrimination claim can vary based on factors such as the claim's complexity, the employer's size, and whether the claim is settled out of court or proceeds to trial. Typically, the process may involve initial filings with administrative bodies like the EEOC, which can take several months to complete investigations and issue findings. New York's state and city laws may offer alternative avenues that could impact the timeline. On average, from filing to resolution, it could take anywhere from several months to a few years. At Phillips & Associates, PLLC, our priority is to handle cases efficiently while ensuring that no corners are cut and every legal avenue is explored to achieve the best possible result for our clients.

What Should I Do if I Suspect Discrimination at Work in New York?

If you suspect discrimination in your workplace, begin by documenting all relevant incidents with precise dates, times, and witness information. Preserve copies of any communication related to the incidents, such as emails or texts. Report the experience to your company’s HR department or designated complaint officer, which secures a record of your actions and attempts to resolve the issue internally. However, if the problem persists or remains unaddressed, consulting with our team at Phillips & Associates, PLLC can provide you with a substantial assessment of your situation. Our New York City discrimination attorneys guide you on the following legal steps, mitigating potential retaliation and ensuring your rights under New York law are fiercely protected.

What are My Rights in New York?

Phillips & Associates, PLLC has helped numerous individuals exercise federal, state, and local protections against misconduct in the workplace. Title VII is the primary federal law that shields employees against discrimination based on the protected categories of race, color, national origin, religion, and sex. Only employers that have 15 or more employees are covered by Title VII.

Other important federal employment discrimination laws include the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act of 2008. Each law has its own requirements with regard to enforcement and filing a lawsuit. Our attorneys are familiar with these laws and the protections they give employees to be free from discrimination and derogatory comments or conduct. We care deeply about making sure that they can perform their job duties without unlawful hindrances.

Federal law prohibits not only discrimination on the basis of characteristics such as race or national origin, but also harassing remarks or actions on the basis of those characteristics. A single incident, however, must be very severe to qualify as harassment. More often, a pattern of conduct by a supervisor or coworker gives rise to a hostile and intimidating work environment and a viable claim. At our firm, we will take the time to understand the details of our clients’ situations and craft the strongest possible argument for them.

The court uses both objective and subjective standards when determining whether the conduct at issue was sufficiently pervasive and severe to warrant damages. When considering the situation using an objective standard, the jury will look at it from the point of view of whether a reasonable person would feel harassed. When considering the situation from a subjective standard, the jury will look at the victim's perception of the events. An experienced attorney at Phillips & Associates, PLLC can explain how the details of your particular case are likely to be interpreted by a jury, as well as factual or legal aspects of your case that may be more uncertain.

Both state and local laws offer even broader protections to employees who have suffered from discrimination or harassment based on a protected characteristic. New York state law safeguards people who work for companies with four or more employees.

The New York City Human Rights Law is considered one of the most comprehensive civil rights laws in the country. It is interpreted liberally and protects individuals with regard to the characteristics protected under federal law, as well as additional categories such as marital status, sexual orientation, military status, domestic violence victim status, arrest and conviction records, and predisposing genetic characteristics. Our lawyers understand how its many nuanced provisions protect the rights of our clients. After learning about your needs and goals, we will explain your options under this law and others, while carefully answering any questions you may have about the process.

Contact Our Employment Discrimination Attorneys in New York Today

If you believe you've been a victim of employment discrimination, don't wait to pursue the legal support you deserve. Our New York employment discrimination attorney is here to listen, evaluate your case, and help you understand your rights under state and federal law. Contact us today to schedule a consultation and take the first step toward justice and fair treatment in the workplace.

Contact us today to get started with our New York employment discrimination lawyers.

Discrimination Lawyer Success

MORE THAN $250 MILLION RECOVERED FOR PAST CLIENTS
  • $1.8 Million Race Discrimination

    Won a substantial $1.8 million verdict in the Southern District of New York for John Pardovani, with $800,000 in compensatory damages and $1,000,000 in punitive damages. This result was led by Jesse S. Weinstein and Gregory W. Kirschenbaum.

  • $280 Thousand Race Discrimination

    Secured a pivotal ruling in New York where a federal jury declared that the use of the N-word in the workplace is never acceptable, reinforcing workplace equality and respect.

  • $2.2 Million Race Discrimination & Retaliation

    Secured a landmark $2.2 million verdict in Rosas v. Balter Sales, et al., affirming justice for race discrimination and retaliation in 2015. Led by Greg Kirschenbaum.

  • $1.4 Million Religious & Sexual Orientation Discrimination

    Achieved a groundbreaking $1.4 million verdict in 2012 for a chef facing religious and sexual orientation discrimination, marking the highest employment law verdict of the year. Bryan Arce was instrumental in this win.