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 Niagara 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 can occur if the employer treats an employee unfairly based on their membership in a class that is legally protected. Traits that employers may not use to evaluate you include race, national origin, gender, religion and familial status. In Niagara County, New York, in order to succeed on an employment discrimination claim, the plaintiff must demonstrate that the employer's intent in treating them differently was based on the 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. Furthermore, an employer who fires someone or otherwise retaliates because of a discrimination lawsuit is in clear violation of the law.
Pursuing an employment discrimination claim can often be complicated, because they involve filing your claim with certain agencies. A Niagara County, New York lawyer can help you file in a timely manner, and while your case is pending, they can assist you in pursuing any available remedies.