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 Riverhead, 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 Riverhead, 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 is shown 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 understand to be biased. Moreover, an employer violates the law if they terminate a person's employment or otherwise retaliate in response to a discrimination lawsuit filed against them.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with specific agencies. A Riverhead, 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.