Laws have been passed under both New York and federal governments which prohibit discriminating on the basis of defined protected characteristics. Employers in the city of Ballston Spa, whether public or private, may 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 is when an employer treats you unfairly because you belong to a legally protected class. Race, gender, religion, familial status and national origin are examples of some traits that employers may not use when evaluating you. In Ballston Spa, New York, in order to succeed on an employment discrimination claim, the plaintiff must demonstrate that the employer's intent in treating them differently was based on the protected status.
How can Employment Discrimination be Proven in New York?
This is demonstrated upon finding a prior history of similar treatment of members of the same class, or upon testimony regarding the employer's statements that a reasonable person would hold to be biased. Furthermore, an employer who fires someone or otherwise retaliates because of a discrimination lawsuit is in clear violation of the law.
Procedures for pursuing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. A Ballston Spa, New York lawyer can help you file in a timely manner, and while your case is pending, they can assist you in pursuing any available remedies.