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 Herkimer, 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. Race, gender, religion, familial status and national origin are examples of some traits that employers may not use when evaluating you. In order for a claim of employment discrimination to be proven, a Herkimer, New York plaintiff must show that his (or her) employer actively intended to treat him differently because of his 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 specific statements that a reasonable person would conclude are biased. Additionally, 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. An attorney in Herkimer, New York can assist you in filing on time, as well as pursuing other remedies that are available to you while your claim is pending.