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 Batavia, 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. Race, gender, religion, familial status and national origin are examples of some traits that employers can not use when evaluating you. In Batavia, New York, in order to succeed on an employment discrimination claim, the plaintiff must show 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 shown 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 understand to be biased. Furthermore, employers who fire someone or retaliate against them for bringing a discrimination lawsuit are clearly in violation of the law.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with certain agencies. A Batavia, 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.