In New York, workers are protected against employment discrimination. Understanding your rights and the legal process is crucial if you believe you’ve been discriminated against at work. This guide addresses common questions about pursuing a discrimination lawsuit in New York.
What Constitutes Employment Discrimination in New York?
Employment discrimination occurs when an employer treats an employee or job applicant unfavorably because of characteristics protected by law. These include race, color, national origin, sex, age, disability, sexual orientation, gender identity, and others.
How Do I Know If I Have a Valid Discrimination Claim?
A valid discrimination claim typically involves evidence that you were treated less favorably than others because of your protected characteristics. This can include being passed over for promotion, receiving unequal pay, harassment, or wrongful termination.
What Are the First Steps to Take If I Face Discrimination at Work?
Begin by documenting the discriminatory behavior, including dates, times, and details of incidents. Report the discrimination to your HR department or supervisor. Keep records of these reports and any responses.
How Can I File a Discrimination Claim in New York?
You can file a discrimination claim with the New York State Division of Human Rights (DHR), the Equal Employment Opportunity Commission (EEOC), or the New York City Commission on Human Rights (CHR), depending on where the discrimination occurred.
What Are the Deadlines for Filing a Discrimination Claim?
The deadline for filing a claim with the DHR is one year from the date of the last discriminatory act. For the EEOC, it’s 300 days, and for the CHR, it’s one year or three years for gender-based discrimination.
Can I File a Lawsuit for Employment Discrimination?
Yes, you can file a lawsuit in state or federal court. However, you must first file a claim with the DHR or EEOC and receive a “Right to Sue” letter before initiating a lawsuit with the court system.
What Kind of Evidence Do I Need for My Discrimination Claim?
Evidence can include emails, witness statements, performance reviews, and other documentation supporting your claim.
What Remedies Are Available If My Discrimination Claim Is Successful?
Remedies may include job reinstatement, back pay, compensation for emotional distress, and punitive damages. The specific remedies will depend on the details of your case.
Can My Employer Retaliate Against Me for Filing a Discrimination Claim?
It’s illegal for employers to retaliate against employees for filing a discrimination claim. If you experience retaliation, you may have additional legal claims against your employer.
Where Can I Get Legal Assistance for My Discrimination Claim?
For legal assistance, consider consulting with an employment law attorney who specializes in discrimination cases. They can guide you through the process and help protect your rights.
If you believe you’ve been a victim of workplace discrimination in New York, it’s important to take action. For guidance on your specific situation, contact me at 480-381-1015 for a consultation.
