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 New York, 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 particular traits to evaluate you such as national origin, religion, race, age, familial status, or gender. To prove employment discrimination in New York, 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 may be proved when there is a history of the employer treating members of the class similarly, or if witnesses testify about the employer's statements which would constitute bias as understood by a reasonable person. Additionally, employers are in clear violation of the law when they fire someone or retaliate against them because they filed a discrimination lawsuit.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with certain agencies. New York, New York has many lawyers available to assist you in filing in a timely fashion, and they can also help you pursue any remedies that might be available to you while your case is being processed.