FAQ

Yes. A large employer's resources don't determine whether the employee has a valid claim. The outcome depends on the facts, evidence, applicable law, damages, credibility, and whether the employee's lawyers have the experience and resources to continue through discovery, motion practice, trial, or appeal. We've obtained seven-figure results against global law firms, financial institutions, healthcare companies, and private equity firms, along with a $1.8 million federal jury verdict in Pardovani v. Crown Building Maintenance.

It can affect the practical evaluation, but employer size doesn't determine the value of a claim. Case value generally depends on liability, evidence, lost income, emotional harm, career impact, available remedies, credibility, and applicable damages caps. Insurance coverage, financial resources, reputational exposure, and available internal documentation may also affect negotiation and collection strategy.

Cases involving CEOs, founders, partners, and rainmakers are a core focus of our practice. Companies sometimes shield high-value individuals because they generate revenue or control client relationships, and that protection itself can become evidence of how the organization responded. Our most significant confidential results, including the $5 million global law firm settlement and the $3,375,000 healthcare CEO matter, involved exactly this dynamic.

Not before understanding what you're giving up. Severance agreements typically include a release of legal claims and may also contain confidentiality, nondisparagement, cooperation, arbitration, or restrictive-covenant provisions. We can evaluate the agreement, identify potential claims, explain the deadline, and assess whether negotiation makes sense before you sign.

Arbitration doesn't automatically mean there's no case, and some claims can't be forced into arbitration at all. In Faruque v. JPMorgan Chase, the federal court applied the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act and refused to send the employee's sex-based claims to arbitration. Where arbitration does apply, we litigate there too, as we did in the $325,000 technology-executive matter.

Potentially. Many employees seek legal advice while still employed so they can understand their rights before reporting misconduct, responding to HR, requesting protection, or deciding whether to remain in the job. Retaliation for protected activity may be unlawful, but you should understand the legal and practical risks before acting. What the employer does after learning about a complaint can become important evidence.

Phillips & Associates is known for representing employees, and only employees, in serious workplace disputes involving sexual harassment, workplace relationship harassment, retaliation, discrimination, hostile work environment claims, whistleblower retaliation, and abuse of power by supervisors, executives, business owners, physicians, law firm partners, founders, and CEOs. The firm focuses on cases where authority, retaliation, career damage, and employer defense strategy decide the outcome.

No. Phillips & Associates represents employees only and has never represented an employer. It is an employment-only litigation firm, not a general practice firm, and it works on contingency, so there are no attorney fees unless the firm recovers compensation for the client.

Phillips & Associates represents employees only and builds cases for litigation rather than sending demand letters. It holds binding Second Circuit precedent in Vasquez v. Empress Ambulance Service, has litigated against more than 550 management-side defense firms, and has appeared before more than 110 United States District Judges and more than 70 United States Magistrate Judges. Behind that record, the firm has handled more than 9,500 matters, litigated approximately 2,000 cases, and recovered more than $360 million for employees. Every client is assigned a dedicated litigation team led by a partner or senior litigator, rather than being passed through a rotating or disconnected model.

Yes. Phillips & Associates prepares employment cases for litigation from the start. The firm has litigated approximately 2,000 employment cases in court, appeared before more than 110 United States District Judges and more than 70 United States Magistrate Judges, and litigated against more than 550 management-side defense firms, including Jackson Lewis, Littler Mendelson, Ogletree Deakins, Seyfarth Shaw, Morgan Lewis, and Proskauer Rose. It holds binding Second Circuit precedent in Vasquez v. Empress Ambulance Service.

The firm represents employees in sexual harassment, workplace relationship harassment, quid pro quo harassment, hostile work environment, discrimination based on race, gender, pregnancy, disability, religion, and national origin, retaliation, whistleblower retaliation, pregnancy and parental-leave discrimination, medical leave and accommodation disputes, and wrongful termination after protected complaints.

Yes. Phillips & Associates handles workplace relationship harassment, supervisor sexual harassment, retaliation after rejecting advances, retaliation after a workplace relationship ends, and abuse of power by executives, CEOs, founders, business owners, physicians, law firm partners, and managers. These cases turn on who held authority over an employee's pay, schedule, advancement, or job, and whether that authority was used against them.

Yes. Phillips & Associates represents employees against Fortune 500 companies, financial institutions, healthcare systems, global law firms, technology companies, media organizations, privately held businesses, and other sophisticated employers. These cases are often defended by HR teams, in-house counsel, insurance carriers, public relations advisors, and national management-side defense firms.

Employers and defense firms evaluate whether the employee's lawyers are prepared to litigate. A firm's ability to conduct discovery, take depositions, oppose summary judgment, try cases, and pursue appeals can affect settlement leverage long before trial, including in confidential pre-suit resolutions. The Phillips & Associates litigation record, its published decisions including Vasquez v. Empress Ambulance Service, its federal court experience, and its history against national defense firms all create that leverage.

Deadlines depend on the claim and the law that applies. A federal charge with the EEOC generally must be filed within 300 days. Claims under the New York State Human Rights Law and the New York City Human Rights Law generally allow three years to file in court. The New Jersey Law Against Discrimination generally allows two years. Whistleblower claims under New York Labor Law Section 740 generally allow two years. Deadlines are strict, and missing one can end a claim, so speaking with a lawyer early protects your options.

Phillips & Associates is ranked by Chambers and Partners in the 2026 Chambers USA Guide, Labor and Employment, Mainly Plaintiffs, in New York. It is listed in The Best Lawyers in America 2026, was named to the 2026 Best Law Firms list, and has 15 attorneys recognized in Super Lawyers. Thirteen of its attorneys are members of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. The firm also maintains more than 900 client reviews at a 4.8 average across major platforms.

Phillips & Associates represents employees from six offices across New York, New Jersey, Pennsylvania, and Florida, in New York City, Garden City, White Plains, Princeton, Philadelphia, and Miami. The firm handles employment matters throughout these areas and the surrounding regions.

Look at whether the firm represents employees or employers, whether it actually litigates or mainly sends demand letters, and whether it can point to named results, published decisions, and experience against the defense firms your employer is likely to hire. Ask who will handle your case day to day. Phillips & Associates represents employees only, assigns a dedicated litigation team to every case, and has litigated against more than 550 management-side defense firms.

Yes. Many employees speak with a lawyer before reporting harassment, discrimination, retaliation, workplace relationship harassment, or other misconduct internally. A consultation can help you understand your rights, preserve evidence, evaluate retaliation risk, and decide how to move forward before HR or management controls the narrative.

Yes. HIV and AIDS are protected under the ADA and New York law, even when the condition is asymptomatic. You are also protected from discrimination based on a known relationship with someone who is HIV positive.

Yes, in most cases, because diabetes affects how the body processes blood sugar. Accommodations can include breaks to test blood sugar or take insulin and time off for medical appointments.

Usually, yes. ADHD can limit concentration. As long as you are otherwise qualified, accommodations such as a quieter workspace, written instructions, or extra time on certain tasks may be available.

It can be. Carpal tunnel is common among workers who type or do repetitive tasks, and accommodations often include an ergonomic workstation, modified duties, added breaks, or medical leave.

Yes, if you are otherwise qualified. Accommodations can include extra time for reading-heavy tasks or training and instructions in an alternative format.

They can be, when they limit your ability to work, see, or concentrate. An employer cannot make decisions against you based on disabling migraines, and accommodations such as a flexible schedule or adjusted lighting may be available.

PTSD is generally a disability under the ADA. You do not have to disclose it unless you need an accommodation, and an employer can require a medical exam only when it is job-related and consistent with business necessity.

Yes. Tourette's syndrome is a recognized ADA disability, and an accommodation may be available. An interactive process with your employer, with a lawyer's help if needed, is often the best way to secure one.

Possibly, but not because of your disability, a protected leave, or an accommodation request. Leave issues can involve the ADA, the NYSHRL, the NYCHRL, and the federal FMLA, depending on the circumstances.

Any adverse employment action — termination, demotion, failure to hire, denial of accommodation, forced leave, harassment — taken because of your pregnancy, childbirth, or a related medical condition. It also includes retaliation for requesting accommodations or complaining about discrimination.

Watch our video to learn more: What Constitutes Pregnancy Discrimination in the Workplace?

No. Firing an employee because she is pregnant, or because of anything connected to pregnancy, is unlawful under federal, state, and city law. If the timing of your termination closely follows your pregnancy announcement, your request for accommodations, or your return from leave, that alone can support a discrimination claim.

Learn more: I Got Fired for Being Pregnant — What Should I Do?

It depends on what happened, how it was handled, and what you lost. Factors include whether you were terminated or demoted, the compensation you lost, the strength of the evidence, and whether punitive damages are available. Every case is different, and a consultation is the best way to get a realistic sense of what yours may be worth.

Pregnancy itself is not classified as a disability under federal law. However, pregnancy-related conditions, such as gestational diabetes, preeclampsia, severe morning sickness, or pregnancy-induced carpal tunnel syndrome, may qualify as disabilities under the Americans with Disabilities Act (ADA), entitling you to reasonable accommodations.

In New York, the bar is lower: both the New York State Human Rights Law and the New York City Human Rights Law explicitly treat pregnancy-related conditions as disabilities, meaning your employer may be required to accommodate you even if your condition wouldn't qualify under the ADA.

The NYC Pregnant Workers Fairness Act also requires employers to accommodate known limitations related to pregnancy, childbirth, or related conditions, regardless of whether they rise to the level of a disability under the ADA.

Potentially, yes. Comments about childcare, motherhood, maternity leave, breastfeeding, pregnancy-related limitations, or a pregnant employee's commitment to her career can become evidence of pregnancy discrimination or contribute to a hostile work environment, particularly when they are repeated or followed by adverse employment actions.

Questions such as "Are you planning to come back after the baby?" or comments suggesting a pregnant employee is less committed to her job may be relevant when evaluating a discrimination claim.

Questions about childcare, whether you plan to return after childbirth, or whether motherhood will affect your commitment to work, are not automatically illegal. However, when those questions are repeatedly asked, tied to employment decisions, or followed by adverse actions such as a demotion, denied promotion, or termination, they may become evidence of pregnancy discrimination.

Generally, no. Employers cannot force a pregnant employee to take leave simply because she is pregnant or because they assume she can no longer perform her job. Decisions must be based on the employee's actual ability to perform the position, with reasonable accommodations where required by law.

A sexual harassment lawyer in New York represents employees in matters involving workplace misconduct, including harassment by supervisors, retaliation, and hostile work environments — evaluating whether the conduct violates the New York City Human Rights Law, the New York State Human Rights Law, and Title VII of the Civil Rights Act.

These cases often involve a power imbalance, particularly where a supervisor or executive controls compensation, advancement, or continued employment. A lawyer’s role includes assessing liability, preserving evidence, advising on internal reporting, and positioning the case to maximize legal and financial outcomes.

Employees should consider speaking with an employment lawyer as soon as they experience conduct that appears inappropriate, crosses workplace boundaries, or involves a supervisor or decision-maker. Often the most important step is understanding your rights and options before reporting internally or responding to a workplace investigation.

Early legal guidance enables individuals to assess risk, preserve evidence, and develop a strategy — particularly important where internal complaints can trigger retaliation or efforts to reframe the situation as a performance issue.

A strong case typically includes clear documentation such as emails, text messages, or witness accounts, combined with evidence of power imbalance and impact on employment. Under the New York City Human Rights Law, employees are not required to prove that the conduct was severe or pervasive; liability may arise where an individual is treated less well because of a protected characteristic.

Cases involving supervisors or executives often carry greater legal exposure, particularly when the conduct affects compensation, job conditions, or advancement.

Yes. Retaliation can occur before termination and often begins with subtle changes — negative performance evaluations, exclusion from meetings or opportunities, reassignment of responsibilities, reduced hours, or changes in treatment after raising concerns.

Under New York law, retaliation is prohibited when an employer takes action against an employee for reporting discrimination, opposing unlawful conduct, or participating in an investigation, even if the employee remains employed.

Focus on factors that affect outcomes: whether the firm exclusively represents employees, has experience litigating against large employers, and is prepared to take cases to trial. The lawyer’s ability to assess case value early — potential damages, employer liability, and litigation risk — matters a great deal.

Resources matter too. Employers often retain large defense firms; a plaintiff-side firm must have the financial capacity, staffing, and litigation infrastructure to match that effort, including discovery, depositions, experts, and trial preparation.

Value depends on the severity and frequency of the conduct, the level of authority of the person involved, the impact on the employee’s career, and the strength of available evidence. Cases involving supervisors or executives often carry higher value because of increased employer liability under laws such as the New York City Human Rights Law.

Damages may include lost wages, emotional distress, and compensation for medical or psychological treatment. Value is also influenced by how the matter is positioned early.

Employees do not need direct physical evidence to bring a sexual harassment claim in New York. A clear and consistent account of events, supported by surrounding facts, is often sufficient to establish liability — particularly under the New York City Human Rights Law, which has a lower threshold than federal law.

Documentation such as text messages, emails, or witness observations can strengthen a claim, but cases are frequently evaluated based on credibility, context, and workplace dynamics.

One of the first steps is understanding your rights and options before taking formal action. Many employees speak with an attorney who represents employees exclusively, particularly before reporting internally, to assess risk and determine the most effective strategy.

Documentation is also important: preserve communications such as texts, emails, and internal correspondence, and create a clear timeline of events with dates, locations, and witnesses — especially in situations involving supervisors or executives, where internal complaints may lead to retaliation.

Power imbalance changes how workplace conduct is evaluated. When the person involved is a supervisor, executive, or decision-maker, they often control compensation, advancement, and continued employment. Even subtle conduct can carry legal significance because the employee may feel they cannot refuse or report it.

Under the New York City Human Rights Law, an employee does not need to prove severe or pervasive conduct; liability may arise if the employee is treated less well because of a protected characteristic. Many cases turn on who had power, how it was used, and whether it affected the employee’s job.

If you were treated differently from colleagues of another gender — in pay, promotions, job assignments, discipline, or any other term of employment — and that difference is connected to your sex or gender, you may have a claim.

You do not need direct evidence of bias or an explicit statement from your employer. Most gender discrimination cases are built on patterns: who got promoted and who did not, how feedback was framed, when treatment changed and what triggered it, and how similarly situated employees of a different gender were handled in comparable situations.

If your employer's decisions do not hold up when measured against your actual performance and qualifications, that gap is worth examining. The best way to find out whether you have a case is to speak with an attorney at Phillips & Associates.

Sexual harassment is a form of sex discrimination. Both are prohibited under the same laws, and both can be present in the same case. Phillips & Associates handles both.

Yes. Sex discrimination laws protect all employees regardless of gender. Men who are paid less than female counterparts for equal work, denied parental leave benefits available to women, or subjected to a gender-based hostile work environment have the same legal rights as any other employee.

Phillips & Associates seeks a Litigation Paralegal to join our team in our Princeton, New Jersey Office. This position supports the firm’s efforts prosecuting civil claims alleging sexual harassment, discrimination, and wage theft.

The Firm

Phillips & Associates has established itself as the go-to law firm in New York for victims of sexual harassment and discrimination. Most recently, Phillips & Associates was selected as one of the “10 Best Employment & Labor Law Firms” in New York” by the American Institute of Legal Counsel. Additionally, many of our attorneys have achieved “best of” status in employment law. We only represent plaintiffs, not employers or management.

Responsibilities include, but are not limited to:

• Prepare state and federal pleadings and civil cover sheets
• File court documents electronically
• Prepare and monitor the service of the complaints
• Draft and filing EEOC Charges and responses
• Draft various correspondence and legal documents
• Draft interrogatories and document requests
• Work with clients and assist in responding to discovery requests
• Work with clients to obtain information requests via email, fax, or standard mail and maintain organization of information
• Coordinate and conduct meetings with clients
• Compile, organize and bate stamp discovery responses
• Draft and respond to subpoenas
• Conduct legal research on various employment issues
• Prepare trial materials and binders if necessary
• Calendar court appearances, depositions, mediations, and client appointments
• Handle incoming mail for supervising attorneys and prepare and send all outgoing mail
• Prepare equipment for remote mediations or depositions taking place at the Phillips & Associates office

Job Qualifications

• Education: Bachelor's degree
• Experience: 1-2 years of related experience

Skills

• Excellent verbal and written communication
• Active listening
• Critical thinking
• Time management
• Coordination
• Judgment and decision making
• Monitoring

Phillips & Associates is an equal opportunity employer.  We value a diverse workforce and an inclusive culture.  Phillips & Associates encourages applications from all qualified individuals without regard to race, color, religion, gender, sexual orientation, gender identity or expression, age, national origin, marital status, citizenship, disability, and veteran status.

This is a full-time position, with hours of 9am-6pm Monday through Friday. Pay range is $65,000 to $80,000 annually.

To apply, please send a cover letter and resume to Vanessa Keys at vkeys@tpglaws.com 

Phillips & Associates seeks a highly organized and detail-oriented Legal Intake Specialist to join our team. As a Legal Intake Specialist, you will play a crucial role in assisting clients with their initial inquiries and facilitating the intake process. If you have excellent communication skills, a strong understanding of legal procedures, and a passion for providing exceptional client service, we would love to hear from you.

Responsibilities

• Conduct initial client consultations and intake interviews to gather relevant information for legal analysis.
• Record and document client information accurately and thoroughly in our case management system.
• Assist clients in completing necessary forms and paperwork, ensuring compliance with legal requirements.
• Collaborate with attorneys and legal staff to ensure seamless transition from intake to case management.
• Provide clients with accurate and timely information regarding their case status, procedures, and next steps.
• Maintain confidentiality and handle sensitive client information with the utmost discretion.
• Identify potential legal issues and escalate them to the appropriate attorneys or legal professionals.
• Follow up with clients to collect missing information, schedule appointments, or provide updates as necessary.
• Assist in managing and organizing the intake department's administrative tasks, such as filing, data entry, and document management.

Qualifications

• Bachelor's degree preferred.
• Prior experience in a legal intake or client services role is highly desirable.
• Excellent interpersonal and communication skills, with the ability to engage and empathize with clients effectively.
• Strong organizational skills and attention to detail to ensure accurate and complete documentation.
• Knowledge of legal terminology, procedures, and case management systems is advantageous.
• Ability to prioritize tasks, multitask, and meet deadlines in a fast-paced environment.
• Proficiency in using computer systems and software for data entry and documentation.
• Maintain a professional and courteous demeanor while interacting with clients and colleagues.
• Ability to handle sensitive and confidential information with integrity and discretion.
• Bilingual proficiency is a plus

This is a full-time position, with hours of 9am-6pm Monday through Friday. Pay range is $50,000 to $60,000 annually.

If you are seeking a rewarding opportunity to make a difference in clients' lives while working in a dynamic legal environment, we encourage you to apply. Please submit your resume, cover letter, and any relevant certifications or references to Vanessa Keys, Operation Manager. We look forward to reviewing your application and considering you for the Legal Intake Specialist position at Phillips & Associates.

To apply, please send a cover letter and resume to Vanessa Keys at vkeys@tpglaws.com 

Absolutely not — and in many cases, quitting before speaking to a lawyer can actually limit your options.

In New York, you can report or take legal action for sexual harassment while you are still working. You are also protected under the New York City Human Rights Law (NYCHRL) and the New York State Human Rights Law (NYSHRL) from retaliation for asserting your rights.

When clients come to us in this situation, we rarely advise leaving until we’ve reviewed all options, and often we can secure a confidential settlement before you even decide whether to resign.

We can:

• Help you document the harassment with a clear timeline.
• Ghostwrite a complaint or submit it for you to HR or the appropriate internal contact.
• Handle all communications so you don’t have to engage with the harasser.
• Negotiate a resolution that may include:
  • Financial compensation
  • Non-disparagement clauses
  • Neutral job references
• If needed, file with the EEOC, NYC Commission on Human Rights, or NY State Division of Human Rights, and pursue your case in court.

Our goal is always to keep you safe, protect your job if you wish to stay, and maximize your recovery.

Yes — and many of our clients choose this route. Staying employed while pursuing your claim can protect your income and give us strategic leverage in negotiations.

Under NYCHRL and NYSHRL, your employer cannot legally retaliate against you for asserting your rights.

We can:

• Advise you on the safest way to report harassment internally, if you choose.
• Serve as your direct point of contact so you don’t have to confront your harasser.
• Begin negotiations for a settlement that allows you to remain at work or leave on terms that protect your future career.
• Ensure that any resolution includes confidentiality and protection against negative references.
• If necessary, prepare to file with enforcement agencies or in court.

We manage the process so you can keep working without feeling alone or unprotected.

Unfortunately, this is common. Employers sometimes perform superficial investigations or side with management.

Under NYCHRL and NYSHRL, the fact that HR “investigated” does not end your legal rights, especially if the harassment continues or no meaningful action was taken.

We can:

• Review the details of the “investigation” to see if it met legal standards.
• File a formal legal complaint on your behalf.
• Use the employer’s weak response as evidence of liability.
• Negotiate a resolution that may include compensation, policy changes, and protection from retaliation.
• Move forward with administrative filings or lawsuits if necessary.

We take over where HR failed — ensuring your rights are actually protected.

Yes, especially if the incident was severe. Under the NYCHRL, even a single event can be actionable if it’s more than a “petty slight or trivial inconvenience.” Sexual assault, groping, or explicit threats often meet this standard.

We can:

• Secure and preserve evidence quickly.
• Handle communication with your employer so you’re not retraumatized.
• Explore settlement options, including confidential payouts, non-disparagement, and neutral references.
• File a claim with the appropriate agency or in court if a settlement is not possible.

One incident can be enough, and we’ll fight to hold the responsible parties accountable.

You may still have a claim. Under New York law, your employer can be liable if they knew — or should have known — about harassment from a client, customer, or vendor and failed to take prompt action.

We can:

• Investigate whether your employer had prior complaints about the same person.
• Demand protective measures from your employer.
• Seek compensation for the harassment and for any retaliation if you complained.
• Negotiate a settlement that ensures you won’t have to work with that client again.

Employers can’t ignore harassment just because the perpetrator isn’t on their payroll.

Depending on your role and ownership structure, you may still be protected under NYCHRL or NYSHRL. Harassment from a partner can be just as damaging as harassment from a supervisor.

We can:

• Assess your status under employment law to determine protections.
• Seek to resolve the harassment through negotiation, buyout terms, or legal action.
• Include settlement terms that protect your reputation and financial future.

You don’t have to tolerate harassment in a partnership — there are legal options.

Yes. The law protects all genders. Male victims can file claims against male or female harassers, and same-sex harassment is equally prohibited.

We can:

• Provide confidential, judgment-free representation.
• Protect you from stereotypes or assumptions that may minimize your experience.
• Pursue compensation and accountability for what you’ve endured.

No one is exempt from protection under New York’s harassment laws.

No. Gender-based harassment that’s not sexual — such as insults, stereotypes, or exclusion based on your gender — can still be illegal.

We can:

• Document these incidents alongside any sexual conduct, if present.
• Pursue claims under NYCHRL or NYSHRL.
• Negotiate settlements or file legal claims to stop the conduct and recover damages.

It’s not just about sexual advances; it’s about respect and equality at work.

You can still file a claim as long as you’re within the legal deadlines. Many victims delay reporting due to fear, shame, or uncertainty.

We can:

• Help you recall and document what happened.
• File complaints on your behalf so you don’t have to directly confront the harasser.
• Negotiate a confidential settlement that includes career protections.

You don’t lose your rights just because you didn’t speak up immediately.

Possibly. NYCHRL and NYSHRL have different statutes of limitations, and in some cases, the timeline can be extended if the harassment was ongoing.

We can:

• Review your timeline against all possible legal deadlines.
• File claims under the law that gives you the broadest protection.
• Seek settlement or litigation based on your goals.

Even older incidents may still be actionable.

Yes. If your employer knew or should have known about the harassment and failed to take effective action, they can be held liable under NYCHRL and NYSHRL.

We can:

• Use witness statements, prior complaints, and internal records to prove employer knowledge.
• Demand policy changes and training as part of the settlement.
• Pursue damages for the harassment and any retaliation you faced.

Employers have a duty to keep the workplace safe.

Yes. Emotional distress is one of the most common damages awarded in sexual harassment cases.

We can:

• Work with medical or psychological experts to document your harm.
• Negotiate compensation for emotional harm alongside lost wages.
• Include confidentiality and career-protection terms in your settlement.

The law recognizes that harassment affects more than your paycheck — it affects your mental health, dignity, and sense of safety.

Federal law prohibits sexual harassment under Title VII of the Civil Rights Act of 1964. There are two categories of sexual harassment: Hostile work environment and quid pro quo harassment. A hostile work environment exists if an employee suffers harm because they are frequently the recipient of unwelcome advances, offensive comments, or other harassment. Quid pro quo harassment exists when a supervisor or another powerful authority figure in the workplace asks for sexual favors in exchange for taking a certain employment action, such as promoting an employee, or promising not to take a particular action, such as firing the employee.

Unfortunately, stereotypes surrounding pregnancy still sometimes play a role in how an employee expecting a child is treated in the workplace. A woman may find herself subjected to demeaning comments or overlooked for promotions or bonuses, simply on the basis of her pregnancy. These situations are unlawful and may form the basis of a claim. Under the Pregnancy Discrimination Act (PDA), a federal law, employees throughout the U.S. are shielded from adverse treatment based on pregnancy, and they are entitled to be accommodated in the workplace similar to other temporarily disabled employees. Although the PDA covers only employers with 15 or more employees, state laws in New York extend to smaller businesses.

Closely related to sexual harassment and pregnancy discrimination, gender discrimination arises when an employee is treated differently from their co-workers based on their sex. For example, an employee may not base promotions or pay raises on gender stereotypes or provide benefits only to female rather than male spouses of employees. The Equal Pay Act requires employers throughout the U.S. to provide equal pay to employees who are working in substantially equal jobs, regardless of their gender. This is broadly defined to include bonuses, stock options, and benefits, in addition to actual salary. As with other forms of discrimination, federal protections against gender discrimination extend not only to current employees but also to job applicants.

Title VII of the Civil Rights Act of 1964, as well as state and local laws, prohibit racial discrimination in New York City workplaces. Title VII covers all private employers, educational institutions, and state and local government organizations that employ 15 or more workers. Under Title VII, it is illegal for a covered employer to discriminate against an employee or a job applicant based on race when taking employment actions. For example, it is illegal for your employer to fail to promote you or to terminate you based on race. Similarly, an employer interviewing a job applicant cannot fail to hire that applicant merely because they are of a particular race. State and local laws also prohibit this form of discrimination.

Under the federal Americans with Disabilities Act, an employer may not discriminate against a qualified employee based on a history of disability or the employer's belief that a qualified employee has a mental or physical impairment that is not short-lived and minor. Even employees and job applicants who are not actually disabled are protected against discrimination if the employer takes an adverse employment action because it believes there is a disability. Moreover, employers are required to provide reasonable accommodations to qualified employees who request an accommodation due to the disability, unless providing that accommodation would be overly expensive or difficult.

Under the Age Discrimination in Employment Act of 1967 (ADEA), employers in the U.S. may not discriminate against workers who are over 40 years old on the basis of their age. Businesses with 20 or more employees are covered by this federal law, while New York State and City laws provide additional protections. Also, the Older Workers Benefit Protection Act of 1990 (OWBPA) governs actions by employers that are related to employee benefits. Under the OWBPA, employers may not reduce benefits based on age unless the cost of providing the reduced benefits to older employees is no greater than the cost of providing benefits to younger employees.

While federal law does not explicitly prohibit sexual orientation discrimination in most situations, the state of New York does protect employees in the private sector from this type of conduct. Even if your employer acts based on a mistaken belief about your sexual orientation, you may be entitled to assert your legal rights. Any type of unequal treatment of employees based on actual or perceived sexual orientation is prohibited in New York. This can consist of overt harassment or actions such as being denied professional advancement, and it may also arise from more subtle comments such as whether a person is not masculine or not feminine enough for a certain role or job.

Laws at the federal, state, and city levels prevent employers from treating workers differently based on their country of origin, as well as certain related traits, such as ethnicity, ancestry, or foreign accent. As with other forms of discrimination, a claim may arise whether or not the employer’s perception of the employee’s national origin is accurate. For example, a company may not refuse interviews to people who have foreign accents or place additional requirements on non-white individuals during the job application process. In some situations, a company may require that only English be spoken in the workplace, but only if it promotes the necessary operations of the business.

Employers are required to provide reasonable accommodations for the religious practices of their employees, in addition to refraining from harassing them based on their religion. Religious beliefs are broadly defined under the law, extending from a membership in a particular religion to sincere ethical or personal beliefs. Unless a religious observance would create an undue hardship for an employer or interfere with a bona fide qualification of the job, an employer must accommodate an employee’s sincere desire to engage in that observance, such as by rearranging a work schedule. An employee also may have a legal claim if their employer fails to address hostile actions by customers or clients toward the employee based on their religion.

This form of discrimination tends to arise most often in the application or hiring process. Although adverse decisions based on prior criminal convictions are not specifically prohibited by federal law, New York State has enacted laws in this area to protect its public policy interest in providing employment for citizens with criminal records. Discrimination based on a prospective employee’s criminal history is not permitted unless the job is in law enforcement, there is a direct relationship between the applicant’s conviction and the type of job, or hiring the applicant would pose an unreasonable risk to people or property. Employers that do consider prior convictions must take into account how much time has passed since the conviction, how old the applicant was when the crime was committed, and the severity of the offense.

Minimum wage, overtime, and rest requirements in New York are set by several laws, including the Fair Labor Standards Act (FLSA). Under the FLSA, an employee can be classified as either exempt or nonexempt. Exempt workers are typically salaried professionals. Most workers are nonexempt, however. Nonexempt workers are entitled to minimum wage, overtime pay, and meal and rest breaks. In New York, for example, Labor Law Section 162 specifies the required meal periods for employees.

Most anti-discrimination laws include provisions that prohibit retaliation for engaging in protected activities, such as assisting with a discrimination investigation, filing a charge with the EEOC, or suing your employer for harassment. Although most employment relationships are "at will," employers cannot fire or terminate employees in order to retaliate against them. When an employee is fired for engaging in a protected activity or for some other reason that violates public policy, they may have grounds to bring a wrongful termination lawsuit.

A wrongful termination claim may exist in a limited range of circumstances. Employers cannot terminate an employee when doing so would violate public policy as set forth in federal, state, or local laws. For example, an employer is not permitted to lay off only its elderly workers. These workers would have a wrongful termination claim. Similarly, they cannot fire you because of your race — you would have cause to bring a wrongful termination claim. In some cases, an employment contract may require that your employer only fire you for good cause.

Central to the enforcement of federal discrimination laws, the EEOC investigates complaints brought by employees related to alleged violations of Title VII and similar laws. You must file a charge of discrimination with this agency within 180 days of the conduct on which your complaint is based. The EEOC first will try to resolve the dispute through an informal process known as conciliation. It also offers a mediation program that the employer and employee can use as an alternative to litigation if both agree to it. If conciliation and mediation prove unsuccessful, the EEOC can either bring a claim against the employer or provide the employee with notice of its decision not to pursue the case further and the employee’s right to sue. Often, the EEOC will not pursue a meritorious case because critical evidence has not yet been discovered. You should be aware that you still may have a strong case even if the agency did not sue your employer itself.

Other areas in which the attorneys at Phillips & Associates, Attorneys at Law can assist you include representation before the New York Division of Human Rights, an agency similar to the EEOC, but at the state level.

Arbitration is a form of alternative dispute resolution, like mediation. Each side presents evidence and cross-examines witnesses, but an arbitrator, rather than a judge, will issue a ruling. Employers often include arbitration clauses in employment agreements. These clauses require employees to engage in the arbitration process prior to taking an employer to court. This process tends to favor the employer, and it may be wise to consult an attorney if you are concerned about this type of clause in your employment agreement.

The New York State Human Rights Law is an anti-discrimination law that has a broader scope and covers more people than federal anti-discrimination laws do. It covers employees who work for employers with at least four employees. Unlike federal law, the state law is enforced by New York's Division of Human Rights. To sue under the state law, you need to file a complaint with the Division of Human Rights, which will review your claim and investigate it. The Division will decide whether there is probable cause to find that discrimination occurred. If it finds probable cause, there will be a hearing before an administrative judge. If it finds no probable cause, the complaint is dismissed but can be appealed.

The federal Fair Labor Standards Act (FLSA) provides rules that an employer must follow with regard to overtime and wages. In New York, workers covered by overtime laws need to be paid one-and-a-half times their regular rate of pay for all of the hours that they work over 40 hours in a work week. A work week is a consecutive seven-day period. Many employers do not pay their workers the overtime pay that is owed to them, and others misclassify job titles, claiming the employee is exempt from overtime laws when they are not. You may want to consult with an attorney to understand your rights.

When managers, supervisors, or coworkers make discriminatory remarks or bully you based on a protected characteristic, it can create a hostile work environment. Characteristics protected under federal, state, or local laws include race, sex, gender, religion, disability, older age, sexual orientation, and national origin. In order to sue for a hostile work environment under federal law, the conduct must be severe or pervasive. Unless it is very severe, one instance of harassment is usually not enough to be considered sufficient to create a hostile work environment. However, the New York City Human Rights Law (NYCHRL) provides broader protection to its employees. Any actions above a petty slight or trivial inconvenience may be actionable. It’s important to discuss the hostile work environment you are experiencing with an attorney to see if you have a claim. You do not have to be fired in order to have a claim for a hostile work environment. Sexual harassment, including sexual comments, requests for sexual favors, and unwanted touching and grouping are all examples of a hostile work environment. Additionally, racist comments, cartoons, and symbols can lead to a hostile work environment. Most of the time, the harassment comes from a person in power. This scares the employee even more, and many times, the victim is afraid to complain for fear of retaliation.

Often, employers try to protect themselves when terminating an employee by presenting them with a severance or separation agreement. The agreement will usually include a provision that prevents the employee from bringing claims for discrimination, harassment, retaliation, or wrongful termination. In some cases, employees do not understand that they have a choice about whether to sign the agreement. Sometimes, no severance is offered, and in some cases, the severance that is offered is a nominal sum that is not sufficient to compensate you for damages you may have suffered as a result of the employer's improper or discriminatory conduct. You should consult an attorney before signing an agreement.

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