Phillips & Associates

Employment Discrimination Laws

New York City Attorneys Protecting Your Workplace Rights

In New York City, federal, state, and local laws protect you against employment discrimination. Employment discrimination laws make it illegal for an employer to refuse to hire you, terminate you, pay you less, not promote you, or otherwise treat you adversely because of your membership in a protected class. Certain classes, such as race, sex, national origin, religion, and disability, are protected under federal, state, and local laws, while others are protected only under state or local laws. If you believe that you have been treated adversely based on your membership in a protected class, you should consult an experienced New York City employment discrimination lawyer at Phillips & Associates.

The New York City Human Rights Law

The New York City Human Rights Law is widely believed to be one of the employment discrimination laws that is most protective of employees across the country. It applies to smaller employers in New York City. It protects the following characteristics: age, alienage, arrest or conviction record, color, caregiver status, disability, credit history, gender, gender identity, marital status, national origin, pregnancy, religion or creed, salary history, sexual orientation, domestic violence victim status, unemployment status, and veteran or military service member status.

Reasonable Accommodations

There are a number of situations under which you may be entitled to a reasonable accommodation under the New York City Human Rights Law. The exception in any of these circumstances is when providing the reasonable accommodation would present an undue hardship for your employer. A reasonable accommodation should be provided if you are disabled or impaired physically, medically, mentally, or psychologically, or if you have a history of this type of impairment. A reasonable accommodation should also be provided for pregnancy, childbirth, post-partum recovery, and medical conditions related to pregnancy or childbirth. A reasonable accommodation also should be provided for an employee or job applicant’s religious observances. In New York City, a reasonable accommodation should also be provided if you have been subjected to domestic violence, sexual violence, or stalking.

The New York State Human Rights Law

There may be circumstances under which it is better to pursue remedies under the New York State Human Rights Law, which protects employees who work for companies or organizations with at least four employees. Protected characteristics under the state law include sexual orientation, sex, age, creed, national origin, marital status, military status, disability, criminal or arrest record, domestic violence victim status, or predisposing genetic characteristics. It is illegal for your employer to retaliate against you because you filed a complaint, opposed an illegal practice, or testified or assisted in a proceeding or investigation. It is also illegal to discriminate against you in terms of what you are paid, your participation in training programs, or other terms, conditions, or privileges of employment due to your membership in a protected category.

An employer is also not permitted to print or circulate job ads that restrict who should apply based on protected categories, unless this restriction is based on a bona fide occupational qualification.

There are certain specific rules regarding arrests and convictions. It is illegal for a company to refuse to hire you because of a criminal record or conviction, unless that conviction is directly related to your job duties or presents an unreasonable risk to people or property. However, employers can ask about existing criminal convictions. They cannot ask about arrests that may have been resolved in your favor, whether they were dismissed or the prosecutor declined to prosecute or you received a Youthful Offender adjudication.

Federal Laws

Federal employment discrimination laws may also apply to your situation, but usually they only apply to employees of companies or organizations that are mid-sized or large. In most situations, the remedies provided under New York City law are the most favorable to employees, but there may be circumstances in which federal law provides a better remedy. You should consult an attorney about the specifics of your situation.

Discuss Your Case with an Employment Discrimination Attorney in New York City

If you believe that your employer has violated employment discrimination laws, and you have been harmed, you should consult Phillips & Associates. Call us at (212) 248-7431 or contact us through our online form. Our employment lawyers handle litigation in Brooklyn, Manhattan, Queens, and the Bronx, as well as Long Island and Westchester County.

PHILLIPS & ASSOCIATES
45 Broadway #430,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107

Client Reviews
★★★★★
Phillips & Associates did a wonderful job. I would recommend Brittany Stevens. Angel
★★★★★
Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone. Margaret
★★★★★
I called at Phillips & Associates seeking for a consultation and I was very pleased with the conversation I had with Eugenio Benvenuto. He was able to answer my questions thoroughly and gave me reassurance. I highly recommend their practice. Giulia
★★★★★
Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto and Katerina Housos. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
★★★★★
Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen