Laws have been passed under both New York and federal governments which prohibit discriminating on the basis of specified protected characteristics. Employers in the city of Amherst, whether public or private, can be held liable under federal and state laws depending on the type of trait first prompted the discrimination.
How Does Employment Discrimination Occur?
Employment discrimination occurs when an employer treats you unfairly because you belong to a legally protected category. Some traits which employers are not allowed to evaluate employees with include: race, age, national origin, religion, familial status, and gender. Plaintiffs in Amherst, New York are required to show that their employer treated them unfairly due to their protected status in order to prevail on an employment discrimination claim.
How can Employment Discrimination be Proven in New York?
This can be proved when there is a history of the employer treating members of the class similarly, or if witnesses testify about the employer's statements which would constitute bias as understood by a reasonable person. Additionally, employers may be held liable for firing someone or retaliating against them because they brought a discrimination lawsuit.
Procedures for filing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An Amherst, New York lawyer can help you file in a timely manner, and while your case is pending, they can help you in pursuing any available remedies.