Phillips & Associates has grown to be one of the largest employment law firms in New York that represents plaintiffs. Unlike many other firms, we only represent employees. Over the past few years, we have expanded our employment law practice outside New York City to Long Island, New Jersey, and Pennsylvania. If you have interest and experience in employment law and want to join a growing firm, please send us your resume. Please note that you must have experience in employment law. Specifically, you should be experienced in cases involving employment discrimination and sexual harassment. We have opportunities for attorneys, paralegals, and intake specialists. Please send us your resume and include your experience in employment law.
Employees are protected against employment discrimination under federal, state, and local laws in New York City. Under these laws, it is illegal to terminate, fail to hire, fail to promote, harass, or otherwise treat a job applicant or employee adversely due to his or her race, gender, national origin, religion, or disability, among other protected characteristics. When an employee believes that he or she has been a victim of workplace discrimination, the employee should follow any grievance procedure that has been set out by the employer. Often, a grievance procedure is specified in the employment handbook. Employees should memorialize any complaints of discrimination or harassment made to their employers in writing.Federal Laws Protecting Employees
Title VII of the Civil Rights Act of 1964 (Title VII) is one of the primary federal laws prohibiting employment discrimination. It makes it illegal for employers that have at least 15 employees to discriminate against job applicants or employees on the basis of race, color, sex, national origin, or religion. Another major federal law prohibiting discrimination is the Americans with Disabilities Act (ADA), which forbids disability discrimination.
In order to bring a claim under Title VII, you will need to file a charge with the Equal Employment Opportunity Commission (EEOC) within a limited time frame, and before filing suit in federal court. Damages are capped under Title VII, based on the size of your employer, and in many cases, it is more advantageous to file under New York state or city laws.State Laws Protecting Employees
The New York State Human Rights Law is the state law that forbids discrimination in the workplace based on the following protected characteristics: disability, race, color, sex, national origin, sexual orientation, age, creed, marital status, military status, criminal or arrest record, domestic violence victim status, criminal or arrest record, or predisposing genetic characteristics. The state law applies to employers with at least four employees. However, even employers with just one employee are prohibited from perpetrating or permitting sexual harassment under the state law.
The state law does not allow plaintiffs to recover punitive damages. However, for people who work in very small offices or in households, it may not be possible to sue for sexual harassment under federal or local laws, whereas the state law allows for the recovery of sexual harassment damages in these situations. Additionally, there may be nuances of the state law that are more favorable to a particular case than federal or city laws. It is important for an aggrieved employee to consult an attorney about the specifics of his or her situation as soon as possible after an offensive incident.City Laws Protecting Employees
The New York City Human Rights Law is considered an extremely favorable law for employees suing for discrimination. It is more expansive and powerful than federal laws or state laws in many ways. It prohibits employment discrimination based on race, creed, age, national origin, color, sexual orientation, marital status, disability, partnership status, caregiver status, and citizenship status. The law applies to New York City employers that have at least five employees.
Unlike with Title VII, there are no caps on compensatory damages based on the size of the employer. Unlike with state law, it is possible to recover punitive damages under the city law.Join Our Experienced New York City Attorneys to Build Your Career
At Phillips & Associates, our attorneys help employees with a wide range of employment disputes. If you are interested in joining our firm and have experience fighting employment discrimination, contact us at (212) 248-7431 or online. We handle employment litigation in the Bronx, Queens, Brooklyn, and Manhattan, as well as in Nassau, Suffolk, and Westchester Counties and in New Jersey.
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