An employee who has suffered from unlawful employment discrimination has legal recourse. However, cases can move slowly when pursued through offices such as the Equal Employment Opportunity Commission or the NYS Department of Labor.
Federal and state laws make it unlawful to discriminate against people in the workplace on the basis of protected factors. Your Long Island, NY, employment discrimination lawyer could find that any of the following laws are important to your case:
- The New York State Human Rights Law
- Title VII of the Civil Rights Act
- The Americans with Disabilities Act
The Law Office of Cohen & Jaffe, LLP helps New York workers pursue employment discrimination cases and seek redress for improper and illegal treatment.
Federal and State Employment Rights Protect New York Workers
Under federal and state laws in New York, unlawful discrimination occurs when a job applicant or an employee is treated differently in a way that harms him or her because of:
Your employer could have targeted you based on race, like a Syosset school allegedly did to local teacher Alexis Robinson, according to News 12 Long Island.
Racial discrimination is treating someone unfavorably because of race. Personal characteristics associated with race are also discriminatory. These include:
- Hair texture
- Skin color
- Certain facial features
Color discrimination involves treating someone unfavorably because of skin color complexion.
Sex (gender) discrimination involves treating an applicant or employee unfavorably because of that person’s gender (male, female, transgender). Unlawful treatment of a transgender person is also known as “gender identity discrimination.”
The Age Discrimination in Employment Act (ADEA) forbids discrimination against only people 40 years old or older.
An employer or other entity that mistreats an individual with a disability (an employee or applicant) because of a disability is practicing unlawful discrimination.
The following groups protect individuals with disabilities under the law:
- The Americans with Disabilities Act
- The Rehabilitation Act
Employers are required to provide reasonable accommodation to an employee or job applicant with a disability when requested. The employer does not have to do this if it would cause significant difficulty or expense for the employer (“undue hardship”).
Religious discrimination involves treating a person unfavorably because of his or her religious beliefs. The law protects people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism. It also protects others who have other sincerely held religious, ethical, or moral beliefs.
Discrimination on the basis of national origin involves treating a person unfavorably because:
- He or she is from a particular country or part of the world.
- They are of a certain ethnicity or have an accent.
- He or she appears to be of a certain ethnic background (even if he or she is not).
Political Affiliation or Belief
Public employers in New York may not discriminate against their employees on the basis of their political beliefs or affiliations under specific circumstances. A public employee works for the:
- Federal, state, or local government
- School district
- A public authority
An employer cannot discriminate against an employee on the basis of the employee’s political activities while the employee is:
- Outside of working hours
- Off of the employer’s premises
- Not using the employer’s equipment or other property
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits using genetic information in making employment decisions. It also restricts employers from requesting, requiring, or purchasing genetic information. This law strictly limits the disclosure of genetic information.
Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members. Information about the manifestation of a disease or disorder in an individual’s family members is also protected.
This is often referred to as family medical history. Your lawyer could prove that your Long Island employer’s work-related discrimination was related to your genetics.
Arrest and Conviction Record
In most cases, New York employers cannot refuse to hire an applicant based solely on the fact that the applicant has been arrested but not convicted of a crime. State law generally makes it illegal to deny an applicant a job or to fire an employee. A licensing agency is rarely legally allowed to deny an occupational license in this situation.
However, denial could be allowed if:
- There is a direct relationship between the criminal conviction(s) and the job.
- Hiring the applicant would create an unreasonable risk to property or the safety of others.
Marital or Partnership Status
It is illegal in New York to discriminate against an individual because of their marital status or because of a domestic partnership in the following ways:
- In compensation
- In terms, conditions, or privileges of employment
Military or Veteran Status
Employers cannot discriminate against employees or applicants for employment on the basis of their military status or military obligations. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects employees in this capacity.
It also protects the reemployment rights of individuals who leave civilian jobs (voluntarily or involuntarily) to serve in the uniformed services. These include the U.S. Reserves and the National Guard. Disability laws further protect disabled veterans.
Lesbian, gay and bisexual individuals may bring sex discrimination claims on the basis of sexual harassment or other kinds of sex discrimination. This could include adverse actions taken because of the person’s non-conformance with sex-based stereotypes.
Discrimination on the basis of actual or perceived sexual orientation in employment is also prohibited. New York’s Sexual Orientation Non-Discrimination Act (SONDA) protects employees in this regard.
Other Things to Know About Employment Discrimination
You might be a victim of employment discrimination if you suffered discrimination based in one of the factors listed above. You could have not been hired, not promoted, had services available to others in situations like yours denied or delayed.
These are unlawful ways to treat employees or job applicants. Negatively treating these classes of workers as a means of retaliation is illegal. An employer might do this in response to a discrimination complaint.
You Can Hire Our Firm as Your Employment Discrimination Lawyer
Your employer or a potential employer could have discriminated against you in violation of federal or state employment discrimination law. The Law Office of Cohen & Jaffe, LLP is here to help you. We can help you seek justice under the laws of New York and the United States.
Things Our Lawyers Could do for You and Your Case
Our team is ready to handle all the tasks your situation requires. You deserve an advocate that will fight for justice. We will:
- Gather evidence to support your testimony
- Search for past reports involving your employer that share similarities to your situation
- Make your case in court
- Negotiate for a settlement
- Answer your questions
- Keep you informed throughout your case
- Assign a value to your case
- Make ourselves available to you if you want to call us for more information
- Explain legal processes and statutes to you
- Help you stay within any relevant time frames for filing
- Fill out paperwork
- Investigate how discrimination occurred in your workplace
You Could Retain the Legal Services of the Law Office of Cohen & Jaffe, LLP
Call (516) 358-6900 to talk to our legal team, and we will respond to you immediately. Our team has handled cases like yours before. Your Long Island, NY, lawyer can devote time, energy, resources, and knowledge to your employment discrimination case. The Law Office of Cohen & Jaffe, LLP team is ready to hear your story.
For a free legal consultation with a lawyer serving Long Island, call 516-358-6900