Law Firm News: Long Island Office

Phillips & Associates Expanding Employment Practice to Long Island

Phillips & Associates has opened an office in Garden City- Long Island, from which we can serve clients throughout Nassau and Suffolk Counties. Our Long Island employment lawyers are based at 585 Stewart Ave #410 in Garden City.  

Title VII and the New York State Human Rights Law

Both Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law forbid discrimination and harassment in the workplace. The characteristics protected under Title VII are religion, race, color, national origin, and sex. Title VII is a federal law, and it applies to employers on Long Island if they have at least 15 employees. Other federal laws provide protection for characteristics such as disability and age, but they also apply to larger employers.

The characteristics protected under the New York State Human Rights Law are race, color, sex, sexual orientation, creed, national origin, disability, marital status, military status, domestic violence victim status, predisposition for genetic traits, age, and criminal or arrest record. The state law applies to employers with at least four employees, except in the case of sexual harassment, in which case it applies to all Long Island employers, no matter how many or how few employees they have.

Discrimination

Discrimination in the workplace occurs when an employee is treated adversely due to a protected characteristic. The law recognizes that workers should be treated in the same way, regardless of their immutable characteristics. Unfortunately, some employers are more concerned with a job applicant or employee's race, color, national origin, religion, disability, or other aspects of identity than they are with the quality of their performance.

If you have been subjected to discrimination in the workplace due to a protected characteristic, you may be able to file suit against your employer to recover your damages. For example, if you were told that you were the front-running candidate for a job, but then an employer discovered that you were Muslim, so it gave the job to a less qualified candidate who was Catholic, you may have a claim for religious discrimination. Similarly, if you are a lesbian woman passed over for a promotion, which is given to a less qualified heterosexual man, you may have a basis for a sex discrimination and possibly sexual orientation discrimination claim.

Most people associate discrimination with discriminatory treatment. However, in some cases, an employment policy seems to be fair and neutral. However, it has a disparate impact on people in a particular class. In these cases, it may be possible to sue for disparate impact.

Harassment

Harassment is one form of discrimination. Sexual harassment comes in two types: quid pro quo and hostile work environment. "Quid pro quo" means "this for that," and it occurs when a supervisor, manager, or other person of authority in the workplace offers an employment benefit or continued employment if you provide sexual favors. A hostile work environment can include a wide range of offensive remarks, explicit emails, graphic images, groping, touching, rape, and other behavior or statements based on a person's sex. However, this type of harassment can also occur due to a person's race, religion, national origin, age, or disability. The harassment based on the protected characteristic must be severe or pervasive to be actionable.

Consult an Experienced Long Island Employment Attorney

At Phillips & Associates, our hardworking attorneys fight employer misconduct head-on on Long Island. If you have been a victim of discrimination or harassment based on your membership in a protected class, we are ready to help you pursue damages. We represent workers throughout Nassau and Suffolk Counties. Contact us at (866) 229-9441 or through our online form for an appointment.

PHILLIPS & ASSOCIATES
585 Stewart Ave #410
Garden City, NY 11530
Tel: (866) 229-9441
Fax: (212) 901-2107