Employment Discrimination2018-08-15T10:49:10+00:00

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 leavematernity 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 intimidatinghostile, 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

FREE CONSULTATION
NO FEE UNLESS WE WIN

What Damages can be Recovered for Personal Injury Claims?

Most people know that they can collect money for “pain and suffering” from parties that accidentally or intentionally harm them, but wonder if there are other types of compensation that can be collected.  This will help you get the big picture about the structure of personal injury claims, so that when you consult with your Brooklyn car accident attorney or NYC Construction accident attorney, you will be able to ask great questions. Future Medical Costs For most car accidents, first-party “no-fault” benefits will cover $50,000 in medical bills, lost earnings and out-of-pocket expenses.  This fund will usually be sufficient to cover current medical costs, but some types of injuries can cause problems much later in life.   [...]

Should You Hire A Construction Accident Attorney?

If you’ve been seriously injured on a construction site, you need an attorney that is familiar with this type of complex litigation.  If you are injured while working on a construction site, you may be told that you are limited to collecting workers compensation benefits.  In most cases this is true, but it is worthwhile to investigate whether or not you meet exceptions to workers' compensation or eligible to collect under Labor Law.  A thorough investigation by an experienced NYC Construction Accident Attorney could also reveal third-parties that can be sued for compensation. A Brooklyn personal injury attorney that specializes in construction accidents can assist you with every aspect of your construction accident case.  If you [...]

Injured In A Work-Related Car Accident? Here’s What You Need to Know!

When you are injured in a work-related car accident, you are not eligible for no-fault benefits under the car’s policy.  Instead, you must apply for worker’s compensation benefits to cover medical bills and reimbursement for time lost from work.  Accidents attorneys in Queens, Brooklyn, Manhattan, Staten Island and The Bronx know that the best way to do this is to have an attorney or licensed worker’s compensation representative handle the worker’s compensation claim. For a car accident, the workers compensation claim for the first-party benefits will not impact your ability to sue the parties responsible for causing the accident.  For example, if you are hit in the rear by an “ACME Truck” driven by “Joe Doe,” [...]

Everything You’ve Ever Wanted to Know About Truck Accidents

According to the U.S. Department of Transportation, most truck accidents fatalities are to persons in passenger vehicles in collisions with 18-wheelers, big rigs, tractor trailers and other large commercial vehicles.  Despite increasing safety regulations, truck accidents have increased substantially since the 1990’s.  This could be due to downturns in the economy that are causing drivers to work longer hours or from recent legislation that rolls back safety legislation. Why You Might Need a Truck Accident Lawyer in NYC It’s also not surprising that truck accidents are the leading cause of catastrophic injuries or fatalities from vehicle accidents.  These cases are often multi-faceted, including worker’s compensation, interstate or international litigants and large amounts of insurance coverage.  That’s [...]

What is a Personal Injury Case?

A personal injury case is a claim or lawsuit for damages caused by the negligent, reckless or intentional actions of another person or organization.  Most people are familiar with the typical cases for traffic accidents and slip and falls, but there are many other types of cases that a personal injury attorney in NYC can help you with.  If you suspect that the harm you’ve suffered was caused by somebody else, it never hurts to have a consultation with a personal injury lawyer to find out if you might be entitled to compensation. Traffic Accidents When you are a driver, passenger or pedestrian that is injured in a car accident, you can make a claim against [...]

Contingency Fee Lawyer – No Fee Unless We Win

New York law allows attorneys to retain clients on a contingency fee retainer for many types of cases. The law specifies the fees that can be charged for different types of contingency cases, and how the disbursements, liens and other financial aspects of a contingency fee retainer must be handled. This arrangement allows people that cannot afford a lawyer to have access to representation for many types of civil claims including car accidents, slip and falls, dog bites, assaults, medical malpractice, construction accidents, discrimination, nursing home abuse and neglect and many other types of civil claims. The contingency fee attorney is taking a financial risk with these cases, and will only accept cases that are [...]

Load More Posts