Tatiana Avila is an administrative assistant for Phillips & Associates, a law firm that assists people who need a New York City sexual harassment attorney or representation in claims involving employment discrimination or wage and hour violations. She provides essential administrative help for claims by people who have experienced mistreatment in the workplace. She is fluent in reading, writing, and speaking Spanish.
Ms. Avila graduated from the Borough of Manhattan Community College with an Associate of Arts in Criminal Justice in 2013. She is currently obtaining a Bachelor of Science in Criminal Justice and Sociology from the John Jay School of Criminal Justice.
Ms. Avila has worked as a bail clerk and as an intern and legal assistant at the Kings County District Attorney's Office in Brooklyn. In the latter job, she researched legal authority, interviewed NYPD officers, screened arrests, and reported to the Deputy District Attorney for approval or decline of prosecution, among other things. Prior to joining Phillips & Associates, she served as a supervisor and bail clerk for a bail bondsman. Her job duties included overseeing staff and training new employees.
As an employee, you have a right to work in an environment free of discrimination, and you should be able to voice a complaint about discrimination or harassment to your employer without fear of retaliation. Unfortunately, all too often, employers punish employees who complain about workplace conditions, such as when there is a problem involving paying overtime or a harassing supervisor.
Many federal anti-discrimination laws, including Title VII, the Americans with Disabilities Act (ADA), and Title II of the Genetic Nondiscrimination Act of 2008 (GINA), are enforced by the Equal Employment Opportunity Commission (EEOC). These laws cover different protected characteristics. For example, under the ADA, it is illegal to discriminate against or harass a job applicant or employee because of a current or past disability or because he or she is believed to have an impairment that is not transitory and minor.
If you believe that you were discriminated against or harassed due to race, national origin, sex, religion, disability, genetic information, or age, you can file a charge of discrimination with the EEOC. Filing the charge is a prerequisite for filing a workplace discrimination lawsuit against your employer in connection with any of the laws enforced by the EEOC, except for the Equal Pay Act. Although you can file this charge by yourself in many cases, it is wise to consult and retain an attorney before presenting your case in the best possible light to the EEOC.
In some cases, the EEOC will ask you to try to resolve the dispute with your employer through mediation. This is an informal process conducted with the help of a neutral third party, known as a mediator. If the matter does not go to mediation or remains unresolved after mediation, the EEOC will investigate and may make findings. In some cases, the EEOC will file a lawsuit related to violations it finds. However, in some meritorious cases, an EEOC investigator finds no legal violation and provides a Notice of Right to Sue. You should not assume that if the EEOC does not find a violation, your lawsuit would be unsuccessful. The experienced New York City employment discrimination lawyers at Phillips & Associates can review the facts of your case and provide a knowledgeable opinion about whether you have a strong basis to sue.