The term “glass ceiling” refers to the artificial barrier that women and minorities often face in ascending the corporate ladder. Employers that hold the anachronistic view that females or non-whites are not as capable as white males may violate the law if they base employment decisions solely on sex or race. The discrimination lawyers of Phillips & Associates have dedicated their practice to ending unjust practices in New York workplaces. If you have been passed over for a promotion because of your sex or race, you may be able to make a claim.Most Companies Cannot Make Employment Decisions Based on Sex or Race
Employers subject to federal, state, or local civil rights laws cannot make employment decisions based on an employee’s or prospective employee’s gender. The Civil Rights Act of 1964 prohibits entities from discriminating against female workers with regard to any aspect of their jobs, including pay, promotions, assignments, or benefits. This law applies to any employer with 15 or more employees. Two other laws, the New York City and New York State Human Rights Laws, similarly prohibit this type of discrimination. One difference is that employers in New York with as few as four workers are subject to these laws.
Together, the Civil Rights Act and the New York State and City laws prohibit most entities from refusing to promote a qualified woman solely on account of her sex. Although the term “glass ceiling” has traditionally referred to gender discrimination, it also applies to minority employees. Fortunately, the laws that protect female workers from sex discrimination similarly prohibit disparate treatment based on race. Also, keep in mind that these rules apply to pay and benefits as well as promotions. Employers cannot discriminate in terms of salary or other conditions of employment on the basis of gender, race, or other immutable traits identified by federal and state law.
When you believe that a company has acted wrongfully in this way, the first step in protecting your rights is to file a complaint with the Equal Employment Opportunity Commission (EEOC) to pursue a claim under federal law. The EEOC will review the employee’s claim and may issue a Right to Sue, which allows the individual to file a case in federal or state court.
If an aggrieved worker successfully proves his or her case, he or she may be entitled to damages, which provide compensation for back pay that the employee would have earned and the other financial costs of the employer's illegal actions.Assert Your Rights as an Employee by Enlisting a New York Lawyer
Most entities cannot legally discriminate on the basis of gender or race. If your employer refuses to promote you or pays you less than your colleagues simply because of these protected characteristics, your rights may have been violated. The employment law attorneys of Phillips & Associates can help you keep a New York workplace free from discrimination. To see if we can help you, call (212) 248-7431 or fill out our online contact form.
45 Broadway, Suite 620,
New York NY, 10006