Practicing Employment Law in New York City
If your current or former employer has violated your rights at work then reach out to our labor lawyers and lets see if we can help. A NYC labor lawyer will represent you exclusively should there be any employment law violations such as wrongful termination, discrimination, overtime pay or unpaid wages, vacation time, sexual harassment, or other issues. Our New York City labor law team is familiar with employment law and have handled numerous difficult cases. Contact our Manhattan law group and let’s see how we may be of help.
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Additional Employment Law Information
Discrimination, Retaliation and Harassment in New York
We focus in all aspects of employment law, such as age, gender, race, and pregnancy discrimination. We also focus on sexual harassment, retaliation and other types of employment law issues. We represent plaintiffs in the workplace discrimination since the laws prohibiting such discrimination began. This law office covers all legal aspects related to employment law in all five boroughs, New York, Bronx, Brooklyn, Queens and Staten Island as well as Nassau and Westchester Counties.
We have extensive experience in all facets of EEO and employment law, including numerous jury and bench trials in Federal Court involving Fortune 100 companies, Federal, State and Municipal governments. Our firm has secured a large number of favorable jury and non-jury verdicts and settlements.
We have a broad-based experience in labor arbitration, unemployment hearings, EEOC investigations and hearings; as well as U.S. Merit System Protection Board hearings, and various state and local human rights investigations and hearings. Also, our firm has a substantial post-trial experience, including JNOV motions, injunctive remedies and appeals to the U.S. Court of Appeals.
Employers cannot discriminate against employees in matters involving: hiring and firing; promotion, demotion or transfer; compensation; assignment or classification of employees; layoff, reduction in force (RIF) or forced retirement; job advertisements and recruitment; testing; use of company facilities; training and apprenticeship programs; retirement plans, health/medical and fringe benefits; or disability leave and severance.
It is important to be aware that discrimination claims are not normally based on conduct that is open and obvious. Employment discrimination is covered up and hidden. You do not have to tolerate your employer’s wrongful acts, nor do you have to wait for something to happen before you contact an attorney. Frequently, waiting only leads to the escalation of the discriminatory acts against you and might make it more difficult for an attorney to resolve the issues.
In addition, you should be aware that the law does not generally protect employees from a mean or difficult boss, however unfair that may seem. You must be in a protected class when the conduct occurs and the conduct must be serious enough to have an adverse effect on you. It may be sensible for you to obtain legal advice when the conduct first occurs so that all the rights and remedies available to you under the law can be secured.
You should also be aware of the fact that your employer is prohibited from retaliating against you for reporting employment discrimination, filing a lawsuit due to discrimination or for participating in an investigation of such discrimination. For that reason, you should not be afraid to contact an attorney or to pursue the protection of the law.
AGE DISCRIMINATION IN NEW YORK
The Age Discrimination in Employment Act of 1967 (ADEA) is a Federal law that protects certain employees. New York City and New York State also have their own laws which prohibit age discrimination. Under Federal, State and local laws, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training.
- Age discrimination can take some subtle forms, and employers are often clever about hiding their discriminatory practices. A few examples of possible age discrimination include, but are certainly not limited to, the following:
- The employer compensating younger employees.
- When a company has difficult time economically and fires or lay off the older workers first.
- An older employee receiving undeserved poor performance evaluations.
- The employer not letting and older worker take a training course or letting him invest in the worker’s growth in the company
- An employer that refuses to hire anyone who looks older than a certain age, to maintain a youthful company image.
- A company turning down an older employee for promotion and hires someone younger for the position.
- The removal of older employees by replacing younger employees.
SEX OR GENDER DISCRIMINATION IN NEW YORK
This happens when employer treats a prospective employee or an employee different if the employee is a man or a woman. There are a number of issues covered by the law against sex or gender discrimination that happens in the workplace. This can be sexual harassment, or pregnancy discrimination; it also can be parental or marital status discrimination.
It is the law that females and males be treated the same, meaning that females and males at the workplace need to be subject to the same procedures and policies. The law prohibits an employer from making a decision by stereotyping, abilities, traits etc. These are some examples of possible sex or gender discriminations below:
- The company will not hire you or give you a promotion due to the employee being a woman.
- The employer does not give you promotions and gives you average reviews but gives a less qualified opposite sex employee the position.
- Your supervisor is stricter with you and other employees of the same sex but not with other coworkers of the opposite sex.
- The opposite sex is paid more than a female or male of the same sex.
Equal Pay for Equal Work in New York
It is required by the U.S. Equal Employment Opportunity Commission’s Equal Pay Act of 1963 that men and women be given the same pay for the same work in the same establishment. The positions do not need to be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal.
Sexual Harassment in New York
This includes sexual advances that are unwelcome, sexual favors or any physical conduct that creates an offensive or sexually charged work environment of either gender. This can also exist with the same sex employees. There are a few examples of such conduct such as unwanted come-ons, lewd jokes or other sexual behavior at your work. You must make it clear to the employee of the opposite sex that you do not like their behavior and put a stop to him/her.
Race Discrimination in New York
The law prohibits an employer from discriminating against any person due to his/her race, ethnicity or color. An employee cannot be denied equal employment opportunity because of his/her racial group or perceived racial group, his/her race-linked characteristics (e.g., hair texture, color, facial features), or because of his/her marriage to or association with someone of a particular race, ethnicity or color. Federal, state and local laws also prohibit employment decisions based on stereotypes and assumptions about abilities, traits or the performance of individuals of certain racial or ethnic groups. These laws apply regardless of whether the discrimination is directed at Whites, African-Americans, Asians, Latinos, Arabs, Native Americans, Native Hawaiians and Pacific Islanders, multi-racial individuals, or persons of any other race, ethnicity or color.
In addition, racial jokes, ethnic slurs and offensive or otherwise derogatory remarks that are made because of an individual’s race may constitute unlawful race, ethnicity or color discrimination if the conduct creates a hostile work environment.
You are required to work in a separate or isolated area from employees of other races, or you are not allowed to participate in work-related activities in which you would be in contact with employees of different races.
You are denied the ability to advance in the organization where you are employed, while individuals of a lower skill set, but of a different race, are permitted to advance.
Wrongful Termination in New York
The term “wrongful termination” is misleading because in New York State and New York City,without a written agreement for a specific term, employment is “at will.” This means that employers can fire or terminate you for any reason, or for no reason at all, unless:
(1) Your rights are protected under employment discrimination laws. Employers cannot discriminate against you on the basis of age, sex or gender, race, national origin, disability or perceived disability, pregnancy status, marital status, or sexual orientation.
(2) You have an employment contract, either written or implied, with the employer, who agreed that you cannot be fired without just cause for a specific period of time. The terms of the contract will usually determine the reasons for which you can be fired.
(3)You may also be protected b whistleblower statutes and if you are a government employee or in a union, you may have additional rights.
Otherwise, employers may terminate employees for any reason or for no reason. Employers may fire you if they don’t like you, or even if they just don’t like the clothes you’re wearing. In other words, it is not illegal for employers to be “mean” or to be “wrong” when they fire you. The law allows your employer’s reasons for firing you to be whimsical or totally arbitrary.