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 Rochester, 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. Some traits which employers are not allowed to evaluate employees with are: race, age, national origin, religion, familial status, and gender. In order for a claim of employment discrimination to be proven, a Rochester, 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 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. Further, 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. Rochester, New York has many lawyers available to assist you in filing in a timely fashion, and they can also help you pursue any remedies that might be available to you while your case is being processed.