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 Olean, 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 Olean, 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 will be proven if the employer in question has treated others of the same class in a similar manner. It may also be shown when there is testimony regarding specific employer statements that a reasonable person would define as biased. Further, an employer violates the law if they terminate a person's employment or otherwise retaliate in response to a discrimination lawsuit filed against them.
Because it involves filing a claim with specificed agencies, the procedure for pursuing employment discrimination claims can be complicated. An Olean, 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.