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 Dunkirk, 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. Employers are prohibited from using certain traits to evaluate you such as national origin, religion, race, age, familial status, or gender. To show employment discrimination in Dunkirk, New York, the plaintiff needs to be able to show that the employer's intent to treat them unfairly was motivated by their protected status.
How can Employment Discrimination be Proven in New York?
This can be shown if the employer has a history of mistreating people of the same status, or if individuals testify regarding the employer's particular statements that a reasonable person would conclude are biased. Furthermore, an employer who fires someone or otherwise retaliates because of a discrimination lawsuit is in clear violation of the law.
Procedures for filing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. A Dunkirk, 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.