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Other Discrimination

New York City Attorneys Experienced in Employment Litigation

Many New Yorkers are unaware of the wide range of protections against employment discrimination available to them under federal, state, and local laws. At Phillips & Associates, our New York City employment discrimination lawyers can provide knowledgeable representation to job applicants or employees who experience discrimination, whether it is based on sex, race, sexual orientation, a prior criminal conviction, age, disability, or another protected characteristic.

Age Discrimination

The Age Discrimination in Employment Act of 1967 (ADEA) is the federal law that prohibits employers from discriminating against employees who are at least 40 years old because of their age. It applies to employers with at least 20 employees. New York state and local laws also prohibit age discrimination in workplaces and applies to employers with less than 20 employees.

Criminal Convictions

There is no federal law that prohibits employers from discriminating against a job applicant or employee on the basis of a criminal conviction. However, with certain exceptions, New York State law prohibits discrimination on the basis of a criminal conviction unless hiring an applicant would present a property or safety risk, or the criminal conviction directly affects the worker's ability to perform the sought-after job.

Disability Discrimination

It is illegal under federal, state, and local laws to make employment decisions on the basis of a job applicant or employee's disability. Additionally, employers are required to provide reasonable accommodations for applicants or employees with disabilities, unless doing so would present an undue hardship. An employment discrimination attorney in New York City can advise you on what a reasonable accommodation might involve.

Gender/Sex Discrimination

An employer may not discriminate against a job applicant or employee due to gender or sex under Title VII of the Civil Rights Act, the New York State Human Rights Law, or the New York City Human Rights Law. Employers are not allowed to make employment decisions related to hiring, firing, layoffs, promotions, compensation, training, work conditions, job benefits, or any other aspect of employment because of an employee's gender or sex. Sexual harassment is one form of prohibited sex discrimination.

Glass Ceiling

Both women and minorities often hit a glass ceiling in their careers when climbing the corporate ladder. Employers are not allowed to base their decisions regarding whether to promote an employee or how much to pay them based on sex or race under federal, state, or local laws.

National Origin Discrimination

Employers may not discriminate against job applicants or employees on the basis of their national origin under federal, state, or local laws. Sometimes, an employer does not explicitly refer to the employee's country of origin. Instead, this type of discrimination may center on a perceived ethnic background, accent, or ancestry.

Race Discrimination

Employers cannot discriminate on the basis of race under federal or state laws. In some cases, there is no explicit reference to race in a discriminatory job advertisement or decision. Sometimes, a New York City employment discrimination attorney can help you bring a race discrimination lawsuit on the basis of disparate treatment, which means that an employer's action disparately affects individuals of a particular race. Additionally, racist comments, racial slurs in the workplace are illegal.

Religious Discrimination

Federal, state, and local laws prohibit religious discrimination. Any sincerely held religious, ethical, or personal belief is protected. Employers are also supposed to provide reasonable accommodations for employees' religious practices and beliefs, except when it causes an undue hardship. For example, if you need to alter your schedule because you observe fasting during Ramadan, this may require your employer to provide a reasonable accommodation. Comments regarding a person’s religious beliefs are also illegal in the workplace and can lead to a hostile work environment.

Sexual Orientation Discrimination

Federal laws do not expressly prohibit sexual orientation discrimination. The New York State Human Rights Law and the New York City Human Rights Law do prohibit sexual orientation discrimination against employees and job applicants. Prohibited sexual orientation discrimination can include harassment.

Discrimination During the Interview or Hiring Process

Many people assume that they are only protected by anti-discrimination laws once they are hired. However, you are protected as a job applicant during the interview or hiring process. It can be difficult to know for sure whether the reason why you were denied a job was because of a protected characteristic, such as race, religion, gender, disability, national origin, or age. However, the questions that you are asked may reveal a prospective employer's bias. If a prospective employer is asking questions regarding your pregnancy you may want to speak with an attorney to understand your rights. It’s also illegal to make sexual advances during an interview or anytime during an employment application process.

Discrimination Against the Unemployed

The New York City Human Rights Law prohibits discrimination against the unemployed, unless an employer has a substantially job-related reason for the action. Employers are allowed to ask about why you left your prior job, and employers are also allowed to decide that applicants whom they employ will be hired in a role or given priority.

Holiday Parties and Discriminatory Remarks

Alcohol at holiday parties can loosen inhibitions. You may be able to hold your employer responsible for discrimination or harassment at a holiday party, even if it is held somewhere other than the office or after business hours. Title VII of the Civil Rights Act, the Americans with Disabilities Act, the ADEA, the New York State Human Rights Law, the New York City Human Rights Law, and other laws may provide protection against discriminatory remarks at holiday parties. Unfortunately sexual harassment does occur during holiday parties. The sexual harassment can come in the form of sexual comments, jokes or innuendos. You may receive inappropriate text messages or perhaps your boss (or coworker) exposed themselves to you. In some instances, your boss (or coworker) may make requests for sexual favors. Extreme cases can result in a sexual assault or even rape. Do not be silent. Consult with our New York and New Jersey sexual harassment lawyers to discuss any sexual harassment in the workplace or at holiday parties.

Were you sexually harassed or sexually assaulted a couple of years ago but were afraid to report it? You may still have a claim.

Contact an Employment Discrimination Lawyer in the New York City Area

In many cases, more expansive protections for job applicants and employees are provided under state and local laws than under federal laws. However, our experienced New York City attorneys are closely familiar with many different types of discrimination. We can determine an approach likely to succeed in a client's particular circumstances. We battle employment discrimination and harassment in the Bronx, Queens, Brooklyn, Manhattan, Staten Island, and Nassau, Suffolk, and Westchester Counties, as well as in New Jersey. Contact us at (833) 529-3476 or through our online form.

What Our Clients Say?
"Phillips & Associates did a wonderful job. I would recommend Brittany Stevens." Angel
"Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone." Margaret
"Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done." Massimo
"Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues." Karen
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