New York City is a melting pot with people from around the world. Americans and others work in close cooperation chasing their American dreams in the land of opportunity. In spite of gender, race, age, disability, pregnancy, religion, national origin, sexual orientation, etc., all have equal rights in the workplace. Below you will find some details about NYC employment law and discrimination.

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Employers are not allowed to discriminate against employees or applicants based upon their gender, color, race, religion, age, disability, or national origin. It is a law. If you feel that your employer, manager or fellow co-worker has wronged you, you may be able to seek compensation under the laws governing workplace discrimination. Contact us for employment lawyers free consultation.

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The Law Offices of Yuriy Moshes represents victims of employment discrimination in the greater New York City area including all of the boroughs of New York City (Manhattan, Brooklyn, Queens, the Bronx and Staten Island) as well as Northern New Jersey, upstate New York, and Long Island.

What is Employment Discrimination in New York?

In New York City, employment discrimination occurs when an employee or job applicant is treated unfavorably because of his or her race, skin color, national origin, gender (including gender identity), pregnancy, disability, religion, age, sexual orientation, alienage or citizenship status, marital status/partnership status, status as a veteran or active military service member, arrest or conviction record, caregiver status, credit history, unemployment status, salary history, and status as a victim of domestic violence, stalking, and sex offenses. It is illegal to discriminate in any facet of employment. As a result, workplace discrimination extends beyond hiring and firing to discrimination that can happen to someone who is currently employed.

Discrimination in any part of the employment relationship or hiring process is illegal. Workplace discrimination laws do not extend just to hiring and firing, but other areas of employment as well such as salary or pay, workplace benefits and perks, and job assignment.

Race Discrimination

What is race discrimination?

Race discriminating is when an employer makes an employment decision on the basis of an employee’s race, including: recruitment, firing, hiring, training, job assignments, promotions, pay, benefits, lay off, leave and all other employment-related activities.

Free New York Race Discrimination Attorney Consultation

Examples of race discrimination

  • Making jokes based on racial groups;
  • Stereotyping of individuals based on their race;
  • The use of derogatory names, as well as racial epithets;
  • Using superficially positive remarks about racial groups, such as “Mexicans are hard workers” or “Jews are good at managing money.”

Which laws protect you from rece discrimination in New York?

  • Title VII
  • NYSHRL
  • NYCHRL
  • 42 U.S.C. 1981 (“Section 1981”)

Age Discrimination

What is age discrimination?

Age discrimination is when an employer uses an employee’s age as the basis for making some employment decision, such as: recruitment, firing, hiring, training, job assignments, promotions, pay, benefits, lay off, leave and all other employment-related activities.

Examples of age discrimination

  • Repeatedly asking an employee, “Are you going to retire?” or “When are you going to retire?”
  • Making comments such as, “He’s not a good cultural fit for the company,” “We want a more youthful image for our company,” or “We need more young blood in the company.”
  • Laying off older employees with the highest salaries first;
  • A company that refuses to hire anyone who appears older than a certain age;
  • Refusing to invest in an older employee’s training and growth;
  • Passing over an older worker for a promotion and hiring a less qualified younger person instead;
  • Threatening to fire an employee if he/she does not retire;
  • Forcing an employee to retire.

Free New York Age Discrimination Lawyer Consultation

Which laws protect you from age discrimination in NYC?

  • The Age Discrimination in Employment Act of 1967 (“ADEA”) – Protects anyone 40 years old and above
  • NYSHRL – Protects anyone 18 years old and above
  • NYCHRL – Protects anyone 18 years old and above

Pregnancy Discrimination

What is pregnancy discrimination?

Pregnancy discrimination occurs when an employer treats a pregnant worker unfavorably or in a prejudicial manner due to her pregnancy or due to pregnancy-related medical condition.

Examples of pregnancy discrimination

  • An employer’s refusal to hire a pregnant worker;
  • Firing/demoting/refusing to promote a pregnant worker;
  • Decreasing a pregnant worker’s hours/assignments;
  • Refusing to promote a woman because she is pregnant or intends to become pregnant;
  • Inappropriate conduct/severe discipline arising in response to requests for leave for pregnancy-related medical appointments.

Free NYC Pregnancy Discrimination Attorney Consultation

Which laws do protect you from pregnancy discrimination in New York City?

  • The Pregnancy Discrimination Act (“PDA”), which is an amendment to Title VII
  • NYSHRL
  • NYCHRL

Disability Discrimination

Disparate Treatment/Hostile Work Environment

What is disparate treatment/hostile work environment disability discrimination?

Disparate treatment and/or hostile work environment disability discrimination is when one is treated differently than his or her coworkers, or harassed, in the workplace on the basis of a disability.

Examples of disparate treatment/hostile work environment disability discrimination

  • Discriminating on the basis of physical or psychological disability in various aspects of employment, including: recruitment, firing, hiring, training, job assignments, promotions, pay, benefits, lay off, leave and all other employment-related activities;
  • Harassing an employee on the basis of his or her disability;
  • Statements such as “He’s not capable of performing these job duties” or “She’s unqualified for this job;”
  • Derogatory comments about an employee’s disability, e.g. “retarded.”

Free New York City Disability Discrimination Lawyer Consultation

Which laws protect you from disability discrimination in New York?

  • The Americans with Disabilities Act (“ADA”)
  • New York State Human Rights Law (“NYSHRL”)
  • New York City Human Rights Law (“NYCHRL”)

Reasonable Accommodations in the Workplace

What is a reasonable accommodation?

The ADA requires an employer to provide a reasonable accommodation to qualified individuals with disabilities that would enable that employee to perform the essential functions of his or her job, except when such accommodation would cause an undue burden on the employer.

The Equal Employment Opportunity Commission (“EEOC”) defines a reasonable accommodation as any change in the workplace or the way things are customarily done that provides an equal employment opportunity to an individual with a disability. An employee must let the employer know that they need an adjustment or change at work for a reason related to a disability.

Examples of reasonable accommodations

  • Modified work schedules;
  • Temporary medical leave of absence;
  • Telecommuting;
  • Providing necessary equipment, readers, or interpreters;
  • Making workplace or interview areas wheelchair accessible.

Free Reasonable Accommodations Attorney Consultation

Which laws protect you?

  • ADA
  • NYSHRL
  • NYCHRL

Violations of the Family and Medical Leave Act (“FMLA”)

What is the FMLA?

When certain important events occur, “eligible” employees are entitled under the FMLA to 12 weeks of unpaid leave in any 12-month period. In order to be eligible, the employee must work for an employer with at least 50 employees within a 75-mile radius, must have worked for the employer for at least 12 months, and must have worked at least 1,250 hours within the previous 12 months.

The FMLA protects workers from being fired or from other adverse employment actions. FMLA protections extend to:

  • The birth of a child and care for a newborn child.
  • Placement and care for a newly adopted child or foster care child.
  • A serious health condition that makes the employee unable to perform the key functions of her job.
  • Care for a spouse, child, or parent with a serious health condition.
  • An emergency-type situation arising from a spouse, child, or parent being on covered active duty in the military.

In addition, the FMLA provides up to 26 weeks of leave during a 12-month period for those who have to care for next of kin service members with a serious injury or illness, which is known as military caregiver leave.

Free FMLA Discrimination Lawyer Consultation

Which laws protect you FMLA violations in NYC?

  • FMLA

Sex/Gender Discrimination

What is sex or gender discrimination?

Unequal treatment which is based on the fact that the employee is a woman or is a man. During all phases of the employment process, the policies and practices in the workplace should be equal between men and women, including matters involving hiring, compensation, layoffs, promotions, job training, working conditions, benefits, and other privileges. An employer cannot make employment decisions based on gender stereotypes and other assumptions about men and women.

Examples of sex/gender discrimination

  • Refusing to hire or give promotions to someone based on gender;
  • Giving benefits to wives of male employees but not to husbands of female employees;
  • Paying a male employee more than a female coworker for a substantially similar position;
  • Comments such as “I’m concerned that she might be too emotional,” “We need people who are more rational,” “She is too unapproachable,” or “Her tone is too direct;”
  • Comments such as, “He’s too effeminate for this position,” or “She’s not feminine enough.”

Free NYC Gender Discrimination Attorney Consultation

Which laws protect you from gender discrimination in New York?

  • Title VII of the Civil Rights Act of 1964 (“Title VII”)
  • The Equal Pay Act of 1963
  • NYSHRL
  • NYCHRL

Religious Discrimination

What is discrimination on the basis of religion?

Religious discrimination is discrimination against you based on your religion or refusing to make reasonable accommodations for your religious beliefs. Religion in the employment setting includes not only established religions such as Christianity, Judaism, Islam, or Buddhism, but also sincerely held ethical, personal, or religious beliefs. Employers are not allowed to discriminate based on religion, which means that employers cannot refuse to hire, deny promotions, fire people, or take other adverse employment actions that are driven by animosity towards an individual’s religion.

Examples of religious discrimination

  • Failing or refusing to provide a reasonable accommodation to an employee for his or her religious practices and observances, even though it would NOT create an undue burden to the employer;
  • Refusing to recruit, hire, or promote a person because of they are of a certain religion;
  • Imposing more or different work requirements on an employee because of that employee’s religious beliefs or practices;
  • Imposing stricter promotion requirements for persons of a certain religion;
  • Refusing to hire an applicant solely because he or she doesn’t share the employer’s religious beliefs;
  • Excluding an applicant from hire merely because he or she may need a reasonable accommodation that could be provided absent undue burden;
  • Making fun at an employee’s religion;
  • Excluding an applicant from consideration for hire simply because they have a name associated with a particular religion.

Free Religious Discrimination Attorney Consultation in New York City

Which laws protect you from religious discrimination in New York?

  • Title VII
  • NYSHRL
  • NYCHRL

National Origin Discrimination

What is national origin discrimination?

National origin discriminating occurs when an employer makes an employment decision on the basis of an employee’s national origin, including recruitment, firing, hiring, training, job assignments, promotions, pay, benefits, lay off, leave and all other employment-related activities.

Examples of national origin discrimination

  • Epithets about an employee’s country of origin;
  • Rejecting applicants or denying interviews to people who have foreign accents, even though they are otherwise qualified to perform the job;
  • Making comments such as, “He doesn’t fit in with the company culture here,” “We don’t want too many [Hispanics, Asians, etc.] in the company,” or “She shouldn’t be interacting with clients because of her accent;”
  • Making fun of an employee’s accent;
  • English-only rules are only lawful if established for nondiscriminatory reasons, and promote the necessary operations of the business.

Free National Origin Discrimination Lawyer NYC Consultation

Which laws protect you from national origin discrimination in New York?

  • Title VII
  • NYSHRL
  • NYCHRL

Sexual Orientation Discrimination

What is sexual orientation discrimination?

Sexual orientation discrimination is discrimination against an individual because of his or her sexual orientation. Sexual orientation discrimination in the workplace occurs when an employee is treated differently based on his or her actual or perceived sexual orientation (whether homosexual, bisexual or heterosexual). It is important to note that it does not matter if your employer’s perception of your sexual orientation is right or wrong. Even if your employer is treating you unequally based on an incorrect belief about your sexual orientation, this conduct is still nonetheless unlawful.

Examples of sexual orientation discrimination

  • Harassment from coworkers or supervisors about your sexual orientation;
  • Derogatory comments about gay, lesbian, or bisexual individuals;
  • Being denied a promotion purely based on sexual orientation;
  • Being treated differently by a supervisor or manager after he or she finds out about your sexual orientation;
  • Being asked not to bring a same-sex partner to an event while opposite-sex partners are invited.

Free Sexual Orientation Discrimination Attorney Consultation in NYC

Which laws do protect you?

  • Title VII (in the Second Circuit)
  • NYSHRL
  • NYCHRL

Sexual Harassment

What is sexual harassment?

There are two forms of sexual harassment. The first is called “quid pro quo” sexual harassment. This happens where submitting to unwelcome sexual conduct is made the basis for employment decisions – such as requiring sexual favors in order to grant a promotion. Similarly, when the rejection of sexual advances forms the basis for a decision to fire, demote, or refuse to promote an employee, quid pro quo sexual harassment has occurred. This type of harassment results in an economic loss to the victim. A pattern of favoritism to one gender based on the granting of sexual favors can create quid pro quo harassment of members of either gender.

The more common form of sexual harassment is the second category, called “hostile work environment” sexual harassment. A hostile work environment exists where unwelcome verbal or physical conduct unreasonably interferes with the victim’s ability to do his or her job or creates an offensive, intimidating, or hostile working environment. Even general, non-sexual comments – such as comments about one gender – can create a hostile work environment where the comments are frequent or severe.

Examples of sexual harassment

  • “Have dinner with me and you’ll have a bright future here;”
  • Criminal Sexual Conduct;
  • Request for Sex;
  • Sexual Advances;
  • Sexual Advances During the Hiring Process
  • Sexual Advances from Supervisors
  • Sexual Bribery;
  • Sexual Coercion;
  • Sexual Intimidation;
  • Sexual Joking, Sexual Comments;
  • Unlawful Touching

Free Sexual Harassment Lawyer Consultation in New York City

Which laws protect you from sexual harassment in NYC?

  • Title VII
  • NYSHRL
  • NYCHRL

How the Process Works

Were you denied a reasonable accommodation for your disability?

Were you treated differently than your coworkers due to your race or national origin?

Were you sexually propositioned by a supervisor or colleague?

Have you been the target of harassment solely due to your sexual orientation or gender?

Law office of Yuriy Moshes

The most common goal in a discrimination case is to establish a pattern of behaviors or to provide evidence of an institutional bias. You can discuss your situation with NYC employment lawyers at our firm and outline your workplace issues or concerns, and we will explain what we feel are your best options. If we feel you have the basis for filing a discrimination claim, we will work tirelessly to obtain the award or settlement that you deserve.

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