How Does Illegal Discrimination Occur in the Workplace?
Discrimination in the workplace is illegal in New York under federal and state laws, but it nevertheless happens. Employment discrimination on the basis of sex, age, race, national origin, religion, pregnancy, disability or certain other factors is a violation of the civil rights of employees and does not have to be tolerated.
Employees who have been victims of discrimination have recourse through the federal Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights.
However, state and federal agencies have many cases to handle and are likely to proceed more slowly than you would like.
If you have been the victim of employment discrimination in New York, it is in your best interests to consult with a Long Island employment discrimination attorney who can evaluate your claim and advise you about whether your case has merit.
At Law Office of Cohen & Jaffe, LLP, we offer a confidential case evaluation, free of charge, when you complete and submit our online form.
Ways Employment Discrimination Occurs on Long Island
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Employers have different prejudices and discriminate against employees for different reasons and in different ways. Employment discrimination can manifest in various actions, such as:
Discrimination in Hiring
A candidate who is qualified for a position but not hired because of sex, race, religion, age, national origin, pregnancy, disability or certain other factors may be a victim of discrimination.
In many cases, hiring and termination of employees is “at will,” meaning that employers are not required to justify their actions.
An exception is when employees are terminated for reasons that amount to unlawful discrimination under state and federal law.
Discriminatory Practices in Promotions
When an employee is passed over for promotion, not on the basis of performance or qualifications, but rather on the basis of gender, age, pregnancy, disability or any other basis prohibited by law, that employee may have a discrimination claim.
Failure to Accommodate Pregnant Women
Pregnancy discrimination is unlawful under New York human rights law and the U.S. Pregnancy Act of 1978. This protection also extends to childbirth and to pregnancy-related medical conditions
Failure to Accommodate People with Disabilities
Not only are employers prohibited from discriminating against employees with disabilities in hiring, firing, wages, benefits or promotions, but they are also required to make reasonable efforts to accommodate disabled employees to make it possible for them to hold a position.
When an employer, supervisor or person in a position of power or authority sexually harasses an employee, that employee may be entitled to file a claim for compensation for losses suffered.
Hostile Work Environment
Workplace harassment that is intentional, reoccurring and severe enough to prevent an employee from doing his or her job may constitute an unlawfully hostile work environment.
An employee who files a charge of discrimination is protected by law from retaliation in any aspect of employment, including hiring, firing, promotions, layoffs, job assignments, training and fringe benefits, according to the EEOC.
How Cohen & Jaffe can Help Employment Discrimination Victims
If you have been a victim of employment discrimination in New York, you have the law on your side. Our firm can help you move forward with legal action against your employer. Our Long Island employment lawyers are prepared to stand up to your employer and any other party who has violated your rights.
If you believe you have been treated unfairly in the workplace or when applying for a job, we can thoroughly investigate the actions of the employer for evidence of any form of discrimination. We can use that evidence to build a solid case and represent you in an employment discrimination claim.
Our experienced employment attorneys will not hesitate to take your case to court if it is in your best interests.
Our priorities are protecting your rights and pursuing the compensation you deserve. Contact Law Office of Cohen & Jaffe, LLP today to get started with a free and confidential claim review.
- EEOC: Retaliation