Derek Smith Law Group / Employment Law Attorneys / Employment Discrimination / Employment Discrimination Attorneys in New York City

Employment Discrimination Attorneys in New York City

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What is Employment Discrimination in New York City?

Employment Discrimination in New York City is prohibited by law. When an employer, CEO, supervisor or manager, co-worker, client, associate, or non-employee of a company harasses or treats an employee or job applicant unfairly due to the person’s race, religion, color, national origin, age, gender, pregnancy, military status, or citizenship and immigration status, to name a few protected classes, they are breaking the law through employment discrimination. For the past 25 years, the attorneys at the Derek Smith Law Group in New York City have been helping victims of workplace discrimination get the justice they so rightly deserve.

What is Employment Discrimination in New York City?

Employment discrimination is when an employee or job applicant is treated differently or subjected to harassing comments or conduct based on some protected characteristics, like age or race. Employment discrimination can come from a CEO, fellow employee, supervisor or manager, client or customer, or a non-employee of a company. Protected characteristics or protected classes include:

Race
Color
National Origin
Age (over 40)
Disability
Pregnancy
Gender/Sex
Sexual Orientation

Genetic Information
Equal Pay/Compensation
Ethnic
LGBT
Hair
Citizenship
Military Status

What Laws Protect Employees from Employment Discrimination in New York City?

There are several laws that help protect employees and job applicants from employment discrimination in New York City. The most commonly known federal law is Title VII of the Civil Rights Act of 1964, which makes it illegal for an employer, fellow worker or co-worker, supervisor or manager, or non-employee, such as a client or vendor, to treat an employee or job applicant unfairly or harass the individual because he or she is a member of the protected classes listed above. Under federal laws, there are several other laws that help protect employees and job applicants from specific types of workplace harassment, including, but not limited to:

U.S. Code §1981
Fair Labor Standards Act
The Equal Pay Act
The Age Discrimination in Employment Act (ADEA)
The Rehabilitation Act of 1973

The Immigration Reform and Control Act of 1986
The Americans with Disabilities Act of 1990 (ADA)
The Genetic Information Nondiscrimination Act of 2008
US Equality Act of 2015

The New York State Human Rights Law and the New York City Human Rights Law also protect employees and job applicants from any type of employment discrimination in New York City.

How Do I Prove Workplace Discrimination?

Proving workplace discrimination can be difficult. It is always helpful to have proof of the discrimination or harassment. This usually comes in the form of text messages, e-mails, videos, or recordings. There are three different forms of evidence available to prove workplace employment discrimination, no matter the nature of the action: Direct evidence, Disparate evidence, and policy evidence:

1. Direct Evidence. Direct evidence is the “smoking gun.” This is the test, email, verbal, or written confession that you were not treated fairly because of your status as a member of a protected class. For example, if a supervisor emails your co-worker telling him or her to ignore your request to work on a project because you are “just a woman who should be cooking instead of working” and accidentally copies you on the email, that would be direct evidence that you were the victim of employment discrimination.

2. Disparate Evidence. This is a bit more common but less obvious. Disparate evidence is a series of actions that can show a culture of employment discrimination. These are comments or actions that often include the member of the protected class being passed over or harassed at work because he or she is a member of that class. For instance, a disabled employee is denied full-time work so he or she cannot obtain benefits. Yet other, able-bodied employees working the same positions are given full-time work and are able to receive benefits. This is an example of disparate evidence.

3. Policy Evidence. Policy evidence can be very powerful in the courtroom. It is a policy that is discriminatory against a certain group of people. Many employers believe the policy will protect them and show the discriminatory behavior is needed to comply with working conditions that are mandated through company policy. This could not be further from the truth. Company policy is not allowed to be discriminatory.

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Olivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial

Desirae Gallardo

Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial

Chelsi Ferrini

Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial

Tanya Scheer

I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial

Keely Mettlen

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!

Stacey Marie Norton

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂

Seedie Whiser

Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial

Anthony Scearce

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

Jessica Gonzalez

Corey Kientz

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What Are Examples of Employment Discrimination in New York City?

Employment discrimination in New York City happens more often than most people would think, let alone what would be considered acceptable. It can happen to people of all races, religions, nationalities, genders, sexual orientations, and more. Remember, protected classes of people in the workplace in New York include religion, race, national origin, gender identity, sex, sexual orientation, age, military status, color, citizenship, pregnancy, and disabilities. Some examples of employment discrimination in New York include:

Wrongful termination because someone refused sexual advances
Forced retirement for anyone over age 40
Retaliation for an employer who reported a race issue to HR
Unwanted sexual advances
Refusal to give a promotion to an employee who is clearly qualified because of his or her race
Refusal to allow an employee the opportunity to work on a project because of his or her color
Refusing a Muslim employee the right to pray throughout the day
Making jokes about a co-worker’s foreign accent
Making derogatory comments towards an employee due to his or her sexual orientation
Refusing to hire a job applicant because he or she is not a citizen, but has the right to work
Calling ICE on an employee in retaliation
Sexism in the workplace
Terminating an employee because he or she is part of the national reserve
Refusing to give a raise to an employee because of his or her disability, even though the employee is taking on additional work
Refusing to hire a job applicant because she is pregnant
Refusing the use of public accommodations to a job applicant because of his or her race
Using racial slurs in the office

What Is the Statute of Limitation to File a Claim for Employment Discrimination in New York City?

Under Title VII, employees must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the initial act of discrimination. Additionally, workplace retaliation has the same 300-day statute of limitations under the law. For claims of race discrimination, federal law 42 U.S.C. §1981 has a 4-year statute of limitations.

The NY CHR is governed by the New York Commission of Human Rights, which provides a time limit of 1 year from the date of the last incident of discrimination to file a claim, unless the claim is for sexual harassment. IF the claim is for sexual harassment in the workplace, the victim has 3 years to file a claim.

There are many individual federal laws to protect the different rights of employees and job applicants, as mentioned above. Each one allows a different time limit to file a claim for employment discrimination. For instance, Section 1981 allows 4 years from the date of the last incident of race discrimination to file a claim. Therefore, it is essential to know your rights and work with an attorney that can help you navigate the system.

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$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

What Are the Remedies Available to Victims of Employment Discrimination in New York City?

It makes sense to be concerned about the relief available through the courts if you are going to take the time to file a claim in court for employment discrimination. The courts in New York are very empathetic to victims of employment discrimination in the workplace. Some of the remedies may include:

Reinstatement of employment
Reinstatement of benefits
Reimbursement of benefit premiums
Reimbursement of medical bills and other related expenses
Reimbursement of back pay

Future Pay
Attorney’s fees
Pain and suffering
Emotional Distress
Punitive Damages.

These damages are meant to “punish” the employer and ensure the company does not allow this type of behavior to continue. The damages are based on, in part, the gross profits of the company, the nature of the incident, and whether this is a first offense.

How Long Can a Lawsuit for Employment Discrimination in New York City Last?

Lawsuits are never cut and dry. A definitive timeline does not exist and to say there is one would be a disservice to everyone involved. That being said, on average, a lawsuit for employment discrimination in New York City can last anywhere from 4 to 6 months to 1 to 2 years or longer.

If the employer is willing to negotiate a settlement before trial and provides a fair offer, your lawsuit may settle within 4 to 6 months. However, if the employer does not offer a fair settlement, you may need to go to trial, which can last one year or longer.

A Few Things You Can Do Now

As you wait to file your claim, there are a few things you should do immediately to help your case along.

1. Contact an employment discrimination attorney in New York City immediately.
2. If you are still employed, do not quit. This can hurt your case.
3. If your company has an HR department, file a complaint for the discrimination.
4. If your company has a policy or procedure in place to handle workplace discrimination, follow it. This will help your case.
5. Gather evidence. Document every incident, what occurred, who was involved, when it happened, and who may have witnessed it.

Contact Our Experienced Employment Discrimination Attorneys in New York City for Your Free Consultation

No employee or job applicant should ever have to be subjected to employment discrimination in the hiring, firing, promotions, training, compensation, benefits or any other aspect of employment decisions. If you are the victim of workplace employment discrimination in New York City, the experienced attorneys at Derek Smith Law Group can help. Contact us at (212) 587-0760 for a free consultation. We do not collect any money until you win your case.

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