Employment Discrimination Laws

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 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.

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.

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 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.

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