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 Plainview, 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. To prove employment discrimination in Plainview, 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 can be shown if the employer has a history of mistreating people of the same status, or if individuals testify regarding the employer's specific statements that a reasonable person would conclude are biased. Moreover, an employer who fires someone or otherwise retaliates because of a discrimination lawsuit is in clear violation of the law.

Procedures for pursuing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. A Plainview, 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.