Laws have been passed under both New York and federal governments which prohibit discriminating on the basis of specified protected characteristics. Employers in the city of Oneida County, whether public or private, can 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 category that is legally protected. Traits that employers can not use to evaluate you include race, national origin, gender, religion and familial status. In Oneida County, New York, in order to succeed on an employment discrimination claim, the plaintiff must show 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 comparable manner. It may also be shown when there is testimony regarding specific employer statements that a reasonable person would define as biased. Moreover, employers may be held liable for firing someone or retaliating against them because they brought a discrimination lawsuit.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with particular agencies. An Oneida County, New York lawyer can help you file in a timely manner, and while your case is pending, they can help you in pursuing any available remedies.