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 Pelham, 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. 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 Pelham, 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 are in clear violation of the law when they fire someone or retaliate against them because they filed a discrimination lawsuit.
Procedures for pursuing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An attorney in Pelham, 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.