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 Erie County, 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 occurs if an employer treats you wrongly because of your membership in a legally protected category. Traits that employers may not use to evaluate you include race, national origin, gender, religion and familial status. The plaintiff must prove that their employer intended to treat them unfairly because of their protected status in order to prevail on a discrimination claim in Erie County, New York.
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. Additionally, employers who fire someone or retaliate against them for bringing a discrimination lawsuit are clearly in violation of the law.
Because it involves filing a claim with particular agencies, the procedure for pursuing employment discrimination claims can be complicated. An Erie County, New York attorney can help you file on time, as well as pursue any additional remedies that may be available to you while your case is pending.