Law Offices of Yale Pollack,P.C

discrimination lawyer long island

DISCRIMINATION IN THE WORKPLACE

 

Discrimination and harassment of employees are prohibited in the state of New York, as well as across the country. Employees are protected by state and federal legislation against not only uneven and unjust treatment but also a hostile work environment. Injustice persists despite decades of legislation. When this happens, however, you can level the playing field by hiring an experienced employment discrimination lawyer to defend your rights.

 

No corporation of any size may discriminate against employees, according to a recent New York State law. The anti-discrimination statute in New York State is wide, protecting employees from a variety of forms of discrimination based on the following factors:

 

  • Race
  • Color
  • Creed
  • Age or perceived age
  • National origin
  • Alienage
  • Citizenship status
  • Gender (including sexual harassment)
  • Gender identity and expression
  • Sexual orientation
  • Disability
  • Military Status
  • Marital Status
  • Partnership status
  • Pregnancy
  • Caregiver status
  • Arrest or conviction record
  • Status as a victim of domestic violence, stalking, and sex offenses

Employees are also protected from retaliation if they file a discrimination claim, participate in an inquiry, or testify in a discrimination case.

 

AN EXTREMELY HOSTILE WORK ENVIRONMENT

What does it mean to work in a hostile environment? Unwelcome and discriminatory conduct or communication that is unpleasant, intimidating, or interferes with an employee’s work performance constitutes a hostile work environment. Physical or verbal threats, unpleasant jokes, insulting comments, pictures, and other forms of ridicule are all common forms of discrimination. In such cases, the harassed employee may not be the only one who suffers. Other employees who hear or see the harassment may be affected, and their work performance may suffer as a result.

 

WORKPLACE DISCRIMINATION BASED ON GENDER

Gender discrimination occurs when an employer makes a hiring decision based on a person’s gender, whether that person is a man or a woman. Employers must also give women the same wages as men for performing the same tasks. Sexual harassment is a sort of gender discrimination, and a lawyer who specializes in gender discrimination can explain your legal rights and options. According to New York State law, you have up to three years from the date of the last incidence to submit a sexual harassment lawsuit. The statute of limitations for all other sorts of gender discrimination and employment discrimination claims is one year.

 

DISCRIMINATION BASED ON AGE

When employees over the age of 40 are treated unfairly on the job, this is known as age discrimination. It is illegal for an employer to refuse to recruit or dismiss someone because of their age. Employers cannot place ads for “young employees,” refuse a well-deserved promotion or make any work-related decisions based on age rather than merit.

 

Employers with more than 20 employees are subject to the Age Discrimination in Employment Act (ADEA), which is a federal statute. New York State law, on the other hand, applies to all businesses, regardless of size, and employers cannot hire people based on their age. This law also applies to independent contractors. If you’re submitting a complaint with the Equal Employment Opportunity Commission (EEOC). If you are filing with the EEOC (Equal Employment Opportunity Commission), you have 300 calendar days to file a claim. When filing age discrimination claims with New York State, you have one year from the last incident of age discrimination to file your claim.

 

PROTECT YOURSELF FROM LEGAL ISSUES IN THE WORKPLACE

CALL 516-634-6340 TO SCHEDULE AN APPOINTMENT IN THE LONG ISLAND, NY AREA

 

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