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 Smithtown, 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. To prove employment discrimination in Smithtown, 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 may be demonstrated if the employer has treated others of the same status similarly, or when people testify to particular statements made by the employer that would indicate bias when heard by a reasonable person. 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.
Procedures for pursuing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. Smithtown, 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.