Workplace Discrimination in New York

Workplace discrimination is a broad term encompassing many types of conduct and protecting many types of people. Discrimination can be an internal policy to avoid hiring members of a protected class, a conscious decision to more harshly discipline a member of a protected class, an otherwise innocent policy that disproportionately affects members of a protected class, or even harassment by other employees directed at a member of a protected class. Federal, state, and local laws prohibit the following types of discrimination:

  • Gender and pregnancy (Civil Rights Act of 1964)
  • Age (ADEA)
  • Race, color, or national origin (Civil Rights Act of 1964)
  • Religious practice (Civil Rights Act of 1964)
  • Disability (ADA)
  • Genetic information (GINA)

The New York State Human Rights Law and New York City Human Rights Law also prohibit workplace discrimination in New York based on the following:

  • Sexual orientation
  • Marital or familial status
  • Military status
  • Domestic violence victim status
  • Conviction or arrest record

Equal employment opportunity and New York workplace discrimination

The United States Equal Employment Opportunity Commission (EEOC) is a federal agency that investigates workplace discrimination claims. The Commission has authority over most employers with 15 or more employees (20 or more for age discrimination) and investigates charges of discrimination as well as workplace harassment in New York and the rest of the United States.

In the FY 2010, the EEOC received nearly 100,000 new charges of discrimination and resolved nearly 105,000 complaints. The most recent addition to U.S. discrimination law was the Genetic Information Nondiscrimination Act (GINA). This became effective November 21, 2009. This law now makes it illegal to discriminate against employees or applicants due to genetic information, including genetic tests, tests of an employee family member, and family medical history. The EEOC received over 200 complaints under GINA in 2010.

It is important to obtain experienced legal counsel prior to filing a workplace discrimination claim. State and local laws may offer alternative remedies and filing an administrative charge prematurely may prejudice your rights. The New York workplace discrimination attorneys of the Watanabe Law Firm, LLC can help you take the correct action for your situation. Our New York employment attorneys make sure you understand the process and help you pursue corrective action and compensation from your employer.

Contact us today to protect your rights

The experienced New York workplace discrimination lawyers of The Watanabe Law Firm, LLC have successfully represented both employees and employers nationwide in workplace discrimination matters. Call us today at 212-486-7005 or use our e-mail contact form.

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