Discrimination in the workplace is a pervasive issue that impacts individuals across industries. From unequal pay to harassment, understanding your rights is the first step in protecting yourself and ensuring fairness. Whether you’re navigating subtle bias or overt acts of prejudice, it’s essential to know that the law is on your side.
At Gordon & Gordon, we are passionate about advocating for individuals who have faced workplace discrimination. If you need an employment discrimination attorney in New York, this guide will help you understand the protections available to you and the steps to take if your rights are violated.
What Is Employment Discrimination?
Employment discrimination happens when employers treat an employee or job applicant unfairly based on things like race, gender, age, religion, or disability. It can manifest in hiring practices, promotions, salary decisions, and even day-to-day workplace interactions.
Examples of discrimination include:
- Denying a promotion to a qualified employee based on their gender.
- Offering lower wages to someone because of their ethnicity.
- Refusing to provide reasonable accommodations for an employee with a disability.
- Retaliating against an employee who raises concerns about discriminatory practices.
Recognizing and addressing these injustices requires awareness of your rights and the legal protections in place.
Key Laws Protecting Against Discrimination
Several federal and state laws shield employees from workplace discrimination. These laws ensure that everyone, regardless of their background, has an equal opportunity to thrive professionally.
Title VII of the Civil Rights Act of 1964
Title VII prohibits discrimination based on race, color, religion, sex, or national origin. This landmark legislation also protects against sexual harassment and ensures that employees can work in an environment free from hostility.
Americans with Disabilities Act (ADA)
The ADA requires employers to provide reasonable accommodations to employees with disabilities, provided these adjustments do not cause undue hardship to the business. It also prohibits discriminatory hiring or firing based on disability.
Age Discrimination in Employment Act (ADEA)
The ADEA protects employees aged 40 and older from age-based discrimination. For example, it is illegal for an employer to deny opportunities to older workers in favor of younger, less experienced candidates.
Equal Pay Act
Under the Equal Pay Act, men and women performing the same job under similar conditions must receive equal compensation. If you’ve noticed a pay disparity in your workplace, consulting a New York employment attorney can help you take action.
State and Local Laws
In addition to federal protections, New York has robust state and city-level laws that address workplace discrimination. These include the New York State Human Rights Law and the New York City Human Rights Law, both of which expand protections for workers.
Recognizing Signs of Discrimination
Discrimination isn’t always obvious. While blatant acts like racial slurs or gender-based denial of opportunities are clear violations, subtle discrimination can be more challenging to detect.
Examples of Subtle Discrimination
- Consistently being passed over for promotions without clear justification.
- Exclusion from important meetings or projects.
- Receiving unequal resources or support compared to colleagues in similar roles.
- Facing negative performance reviews after reporting unethical behavior.
If you suspect you’re experiencing discrimination, start keeping a detailed record of incidents. Documentation, including emails, performance reviews, and notes about conversations, is crucial if you decide to pursue legal action.
Steps to Take if You Experience Discrimination
Facing workplace discrimination can be overwhelming, but there are concrete steps you can take to protect your rights and hold your employer accountable.
Report the Incident Internally
Begin by notifying your Human Resources (HR) department or your manager. Many companies have internal policies to address discrimination and harassment. Filing a formal complaint can trigger an investigation and create a paper trail that supports your case.
File a Complaint with the EEOC
If internal reporting doesn’t work or the discrimination persists, you can file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates claims of workplace discrimination and can help mediate or litigate your case.
Consult an Employment Attorney in New York
Working with a knowledgeable employment attorney in New York ensures you understand your rights and options. An attorney can assess your situation, gather evidence, and represent your interests in negotiations or court proceedings.
Build Your Case
Strengthen your claim by:
- Collecting documentation such as emails, performance evaluations, and written policies.
- Identifying witnesses who can corroborate your experiences.
- Keeping detailed notes of discriminatory incidents, including dates, locations, and individuals involved.
A skilled New York employment discrimination attorney can help you compile this evidence and navigate the legal process effectively.
Prevention and Employer Responsibilities
Employers have a legal and ethical responsibility to prevent workplace discrimination. Creating a culture of respect and inclusion is not only the right thing to do—it’s also a way to foster employee satisfaction and productivity.
Best Practices for Employers
- Implement Diversity, Equity, and Inclusion (DEI) Initiatives: These programs promote a diverse workforce and ensure equitable opportunities for all employees.
- Provide Regular Training: Anti-discrimination training helps employees and managers understand their responsibilities under the law.
- Establish Clear Policies: A transparent anti-discrimination policy should outline reporting procedures, potential consequences, and the company’s commitment to fairness.
- Foster Open Communication: Employees should feel safe reporting concerns without fear of retaliation.
Employers who fail to take these steps not only jeopardize their workplace culture but also expose themselves to legal risks.
Employment discrimination is more than just a legal violation—it’s a betrayal of trust and fairness. If you’ve been subjected to unfair treatment at work, know that you have rights and resources to fight back.
At Gordon & Gordon, we believe in holding employers accountable and advocating for justice on behalf of workers. If you need an experienced employment discrimination attorney in New York, don’t wait to take action. Contact Peter Gordon today for a consultation and take the first step toward reclaiming your workplace rights.
By standing up against discrimination, you’re not only protecting yourself but also paving the way for a fairer, more equitable future for everyone.