New York

If you have been harmed by workplace discrimination or harassment, you should consult an experienced New York employment lawyer. Phillips & Associates has established itself as a premier employment law firm. Ten of our attorneys have achieved a Super Lawyer ranking, which places them among the most highly regarded employment attorneys in the state. Four of our attorneys belong to the prestigious Million Dollar Advocates Forum, which is restricted to attorneys who have settled or won at trial million- or multi-million-dollar damages awards. During the seven years prior to 2018, we recovered more than $85,000,000 in verdicts and settlements for victims of workplace discrimination, and most of these involved employment law cases rather than personal injury or civil rights cases.

An important law that protects workers in the State of New York is the New York State Human Rights Law. This law makes it unlawful for employers to discriminate against job applicants or employees on the basis of sex, sexual orientation, race, age, color, national origin, creed, marital status, military status, genetic characteristics, domestic violence victim status, or disability. On January 15, 2019, the State Senate and Assembly passed the Gender Expression Non-Discrimination Act, which Governor Cuomo is expected to sign into law. Under this law, gender identity or expression is someone’s actual or perceived gender identity, behavior, appearance, expression, or other characteristic related to gender, regardless of the sex assigned at birth.

Discrimination can involve any adverse employment action, including failure to hire, failure to promote, or demotion. It can also include paying someone differently for the same job or providing for different terms or conditions of employment due to a person’s membership in a protected class. In some cases, a worker belongs to multiple protected classes. For example, pregnant workers are protected for characteristics of both gender and disability. It is unlawful in the State of New York for your employer to demand that you take a leave of absence due to pregnancy, unless you are not able to perform your ordinary job duties. An employment attorney can help New York employees bring a claim if this happens to them.

If your employer has at least four employees, it is covered by the New York State Human Rights Law. Labor organizations and employment agencies must also follow this law. An employee’s spouse, parents, or children are not subject to this law. Under the New York State Human Rights Law, you have just one year to file a complaint about workplace discrimination, harassment, or retaliation with the administrative agency that enforces the law. You do not need to file an administrative complaint or exhaust your administrative remedies under state law, as you would need to do under certain federal anti-discrimination laws. If you file directly in court with the assistance of a New York employment attorney, you will have three years from the claimed misconduct to file a lawsuit for discrimination, harassment, or retaliation.

The state law allows you to recover compensatory damages for discrimination, harassment, or retaliation. Remedies may include back pay, emotional distress, and reinstatement. You cannot recover punitive damages under the New York State Human Rights Law, but your compensatory damages are not capped, as they would be under federal law.

As an employee, you likely have fewer resources than your employer does. Any power disparities between your employer and you are only intensified after an incident of workplace discrimination. It is critical to choose an attorney who has the resources, experience, and skill to stand up to an expensive corporate law firm hired by your employer to avoid liability. If you are concerned about an employment issue in New York City or the surrounding areas, it is important to find an experienced attorney to represent you. Call Phillips & Associates at (212) 248-7431 or contact us through our online form for a free consultation with an employment lawyer in New York. We handle employment litigation in the Bronx, Queens, Brooklyn, Manhattan, Westchester County, and Long Island.