Avinash B. Nandlal
Avinash B. Nandlal is a paralegal assisting the New York City employment lawyers at Phillips & Associates. He majored in political science at the State University of New York at Albany, and is currently pursuing a Bachelor of Science in Legal Studies at the City University of New York College of Technology. He has previously served as a paralegal in Atlanta, a litigation paralegal at asbestos litigation firms in New York City, and a legal assistant for a solo labor and employment law practitioner based in the Bronx.
Mr. Nandlal has managed administrative and office duties at a personal injury law firm. He also worked for six years as a legal assistant for the solo labor and employment law practitioner in the Bronx. He has experience managing cases in federal and state courts, and he is committed to workers’ rights, including their right to be free from discrimination in the workplace.
There are several federal laws that prohibit employment discrimination based on protected characteristics, but they mostly apply to midsized or large employers. One of these, Title VII of the Civil Rights Act of 1964, prohibits workplace discrimination based on race, color, national origin, religion, and sex if an employer has at least 15 employees. It is illegal under this law to hire or fire you or otherwise discriminate against you regarding compensation and the terms or conditions of employment based on any of these protected characteristics. For example, it would be illegal for your boss to refuse to promote you because you are a woman. For another example, it would be illegal for a prospective employer not to hire you because you are black. There are also other laws protecting women employees against additional types of discrimination, such as the Equal Pay Act of 1963 or the Lilly Ledbetter Act of 2009.
The New York State Human Rights Law and the New York City Human Rights Law protect more characteristics than do federal laws. These laws make it illegal to discriminate against individuals in the hiring process, while working, or in connection with layoffs and terminations. These laws also prohibit harassment and retaliation. Under certain circumstances, you can sue not only your employer but also individual supervisors under the state and city anti-discrimination laws.
You only have a limited time within which to sue. If you are pursuing damages under a federal law enforced by the Equal Employment Opportunity Commission (EEOC), you also need to follow certain pre-suit procedures like filing a charge with the EEOC. You have only 300 days to bring your charge before the EEOC in New York. The EEOC can investigate. In some cases, it asks the parties if they want to mediate. You can only sue after you receive a right to sue letter. You have a 90-day period after the right-to-sue letter to file a lawsuit in federal court. You need to file before the expiration of the 90 days, or you can be barred from pursuing the federal lawsuit.
Under the New York State Human Rights Law and the New York City Human Rights Law, you should file a discrimination, harassment, or retaliation lawsuit within three years of the claimed misconduct. The three-year period starts as soon as you are aware of the discriminatory, harassing, or retaliatory conduct. You will not need to file a charge with an administrative agency before suing for damages in court. In fact, if you do file with the state or city agency, instead of directly suing in court, you will not be able to pursue damages in court. You only have a year to pursue a claim with the relevant administrative agency.
Often, it is stressful and emotionally challenging to be subjected to employment discrimination based on one’s membership in a protected class. If you were a victim of workplace discrimination, Mr. Nandlal and our experienced trial lawyers are here to help you. Call Phillips & Associates at (212) 248-7431 or contact us through our online form. We litigate employment cases in Brooklyn, Manhattan, Queens, and the Bronx, as well as Long Island, Westchester County, Pennsylvania, and New Jersey.