We will provide clear explanations of your legal options and obligations as an employer. Employer Defense Of Discrimination Claimsīecause employment laws are continually changing in New York and New Jersey, employers need an experienced attorney who keeps abreast of the latest developments in the law. If you aren’t sure whether a piece of evidence is relevant, simply show it to your attorney. It can also be helpful to find paperwork containing discriminatory language or showing disparate treatment, such as repeated failure to be promoted despite being the most qualified candidate. It’s a good idea to discreetly take notes of conversations with your boss or coworker (complete with dates and other info) that show or suggest discriminatory attitudes/behaviors. You will want to gather any evidence that shows not only that you are being treated differently from other employees, but that the reason for that disparate treatment is your membership in a protected class (race, gender, disability, etc.). What Evidence Is Needed To Prove Employment Discrimination?
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If you believe you have experienced discrimination at work, consult with our attorneys as early as possible so we can guide you in how to compile evidence and the best steps to take. There are other methods for gathering evidence, but doing so incorrectly may harm your case. For example, you can keep a journal of discriminatory comments or actions as they occur, so you a record of dates, times and accurate quotes. Fortunately, there are ways to help your case. Many people are hesitant to make claims about discrimination because they believe discrimination is difficult to prove. These include unemployment status, alienage or citizenship status, caregiver status, and credit history.Īdditionally, under the Fair Chance Act, employers are prohibited from asking about a criminal record prior to making a job offer, although exceptions exist for some occupations.īecause there are different protected classes under different laws, it is important to contact an employment attorney if you believe you have been discriminated against for any reason. New York City has also enacted laws that further expand the list of protected classes. These additional classes provide protection from discrimination based on genetic information, marital status, military status, sexual orientation, lawful recreational activities, political activities, and other characteristics. New York has created additional protected classes through state law. The federal Americans With Disabilities Act prohibits discrimination on the basis of disability and applies to employers with more than 15 employees. It applies to employers with 20 or more employees. The federal Age Discrimination in Employment Act is a federal law that prohibits discrimination on the basis of age.
It also applies only to employers with 15 or more employees however, smaller employers may still be subject to claims under state or local laws. Title VII applies only to these specific characteristics. Title VII of the Civil Rights Act is a federal law that prohibits employment discrimination based on a worker’s race, color, sex (which includes pregnancy, sexual orientation, and transgender status), religion, and national origin. Who Is Protected Under Title VII Of The Civil Rights Act? From our office in Manhattan, we represent clients throughout New York City, Nassau County, Suffolk County, Westchester County and its surrounding areas, and northern New Jersey.
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We have a history of successfully advocating for employee rights, including the right of protected classes under Title VII and state and local laws to be free from discrimination in the workplace.
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