NEW YORK CITY
EMPLOYMENT DISCRIMINATION ATTORNEY
The most common form of discrimination happens in the workplace. Sexual harassment is a type of discrimination, where the employer is responsible for creating or allowing a “hostile work environment.” There are civil rights laws against discrimination in any facet of employment, it can be discrimination during the hiring and firing process, but it can also happen during the course of your employment. When you suspect that you are being treated unfairly at work, a call to a New York City Employment Discrimination Attorney will shed light on your rights.
An employer may not discriminate based on the following criteria:
- Age (Over 40)
- Gender
- Race
- Ethnicity
- Skin Color
- National Origin
- Mental or Physical Disability
- Genetic Information
- Relationship to someone who may be discriminated against
- Pregnancy or Parenthood
Some examples are:
- Specifying the above criteria in a job advertisement (Examples: Waitress, Able Bodied, Young Lady, Strong Man, Youthful)
- Excluding potential employees during the recruitment process (Example: Only men were interviewed for a position, even though many women applied.)
- Denying some staff compensation or benefits (Example: The younger employees are given all the overtime.)
- Paying equally-qualified workers, with the same job description and experience, different salaries (Example: The German employees are paid more than the Dutch employees.)
- Discriminating when assigning disability leave, maternity leave, or retirement options (Example: An older worker is given less disability leave, in the hope they will retire.)
- Denying or disrupting the use of company facilities (Example: There are not enough restrooms for women and they have to wait in line.)
- Discrimination when issuing promotions or lay-offs (Example: The French workers are always getting promoted, whereas the British workers are not.)
Sexual Harassment and the Hostile Work Environment
A hostile work environment is an environment that is difficult or uncomfortable for another person to work in due to discrimination. The most common type is sexual harassment which might include fondling, suggestive remarks, sexually-suggestive photos displayed in the workplace, use of sexual language, or off-color jokes. If a co-worker makes an offensive joke once, you report it to your employer, the employer speaks to the co-worker and it never happens again – that is NOT harassment or a hostile work environment. Your employer did that they were supposed to do and succeeded in properly protecting you. If there is an ongoing pattern of harassment, it’s time to call a New York City Employment Discrimination Attorney.
From Wikipedia:
To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to a reasonable person. An employer can be held liable for failing to prevent these workplace conditions, unless it can prove that it attempted to prevent the harassment and that the employee failed to take advantage of existing harassment counter-measures or tools provided by the employer.
A hostile work environment may also be created when management acts in a manner designed to make an employee quit in retaliation for some action. For example, if an employee reported safety violations at work, was injured, attempted to join a union, or reported regulatory violations by management, and management’s response was to harass and pressure the employee to quit. Employers have tried to force employees to quit by imposing unwarranted discipline, reducing hours, cutting wages, or transferring the complaining employee to a distant work location.
The United States Supreme Court stated in Oncale v. Sundowner Offshore Services, Inc.[4] that Title VII is “not a general civility code.” Thus, federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. Rather, the conduct must be so objectively offensive as to alter the conditions of the individual’s employment. The conditions of employment are altered only if the harassment culminates in a tangible employment action or is sufficiently severe or pervasive.
Please New York City Employment Discrimination Attorney, Wittenstein & Wittenstein at 718-261-8114 if you have been a victim of discrimination.
NEW YORK CITY EMPLOYMENT DISCRIMINATION ATTORNEY
Why Are Roads More Dangerous for Pedestrians in Queens and Across NYC?
Driving or walking on roads in Queens, Brooklyn, and across New York City has always been part of everyday life for many of us. Whether you’re heading to the subway, crossing busy intersections, or strolling through neighborhood streets. However, in recent years, Queens pedestrian accident attorneys have been on the rise. Understanding why roads are getting more dangerous can help both pedestrians and drivers stay alert and prevent tragedies. The Rising Risk on Queens Streets Traffic in Queens has been steadily growing, with more cars, trucks, bikes, and rideshare vehicles crowding the roads. Unfortunately, this increases the chances of pedestrian and car accidents. Distracted driving, speeding, and driving under the influence are common causes of [...]
Who is Responsible for Self-Driving Car Accidents in NYC?
Yes, Waymo is currently testing up to eight driverless vehicles in parts of Manhattan and downtown Brooklyn, having received permits from the NYC Department of Transportation and the State DMV in August 2025. This is a limited pilot program, and these vehicles are operating with a trained safety specialist behind the wheel. There is no public, paid driverless taxi service available to New Yorkers yet, as this is a preliminary testing phase. That said, driverless vehicles will soon be driving around Queens, so it’s important to understand the legal aspects of this rollout. This article provides some guidelines, but it’s always important to speak to an experienced Queens car accident attorney as soon as possible [...]
How to Handle Your Free Consultation
Some of the best Queens accident attorneys offer free consultations to determine whether an attorney-client relationship is a good fit. Most Queens accident lawyers offer clients a contingency fee retainer that does require clients to pay them a penny unless and until money is collected for them, so these consultations help lawyers choose the cases they are willing to invest their time and money prosecuting. If you have a weak case, you’ll spend the time trying to get the attorney to take the case, but clients with strong cases will have the top New York City catastrophic injury attorneys seeking to represent them. Here’s how to handle your free consultation for strong, medium, and weak [...]
What Compensation is Available for Car Accident Victims in NY?
If you’ve been injured in a car accident in New York, there are many options available for financial compensation. The tricky part is figuring out which options apply to your situation and making sure that you file for compensation within the legal time limits. That’s why it’s a good idea to speak to a Queens and Brooklyn car accident attorney as soon as possible after a car accident. First Party Benefits New York is what’s commonly called a “no-fault state” for car accident compensation. This means that there is a fund available that pays first-party benefits such as medical costs, lost earnings, transportation, and related expenses up to $50,000 regardless of fault. In other words, [...]
When Do You Need to Hire a Queens Car Accident Lawyer?
When Do You Need to Hire a Queens Car Accident Lawyer? No one wants an accident, but unfortunately, car accidents happen every day, especially on the busy streets of Queens and Brooklyn. Heavy traffic, crowded streets, and negligence lead to a high number of car accidents in Queens and Brooklyn. Whether it’s a minor crash or a major collision, the aftermath can put your financial security at risk. That’s why it’s important to speak to a Queens personal injury lawyer if you’ve suffered an injury that requires substantial medical treatment or causes you to lose time from work. Here are some situations where hiring a Queens accident attorney is especially important: Severe or Catastrophic Injuries [...]
How Queens Motorcycle Accident Attorneys Help People
Motorcycle accidents in Queens and across NYC often cause severe or even catastrophic injuries that can turn your life upside down. Motorcyclists enjoy the thrill and freedom of their rides, but when things go wrong, they have little protection. If you or somebody you know has suffered injuries in a motorcycle accident, it’s important to consult with an experienced Queens motorcycle accident attorney as soon as possible after the crash. Motorcycle accidents have different laws and timetables than other types of motor vehicle accidents, so it’s important to make sure that the Queens personal injury attorney you hire has experience with these cases. No-fault Doesn’t Cover Motorcycle Accidents Motorcycle accidents are exempted from New York’s [...]