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 Montgomery, 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. Employers are prohibited from using certain traits to evaluate you such as national origin, religion, race, age, familial status, or gender. 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 Montgomery, 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.

The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with specific agencies. An attorney in Montgomery, 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.