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 Rensselaer, 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. Some traits which employers are not allowed to evaluate employees with include: race, age, national origin, religion, familial status, and gender. In order for a claim of employment discrimination to be successful, a Rensselaer, New York plaintiff must show that his (or her) employer actively intended to treat him differently because of his protected status.
How can Employment Discrimination be Proven in New York?
This can 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, employers may be held liable for firing someone or retaliating against them because they brought a discrimination lawsuit.
Procedures for filing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An Rensselaer, New York attorney can help you file on time, as well as pursue any further remedies that may be available to you while your case is pending.