Discrimination Law Lawyer in Brooklyn
Fighting to Protect Clients From Unfair Employment Discrimination Practices
No one deserves to suffer workplace discrimination. Unfortunately, even with all the federal and state laws in place, many employees still must deal with unfair treatment in the workplace. Not only is employment discrimination illegal, but it is also detrimental to all individuals in their place of business.
If you have experienced workplace discrimination, it is in your best interests to contact an attorney immediately. Miletti Law P.C. is a Brooklyn law firm dedicated to helping employees deal with discriminatory behavior and unfair treatment. Contact us to schedule a consultation so we may evaluate your case. Please visit our website and fill out the free intake form, or if you prefer, call us, and one of our representatives will be happy to assist you!
What is Considered Employment Discrimination in New York?
New York has some of the strictest laws in the nation meant to fight employment discrimination. The New York State Human Rights Law outlaws discrimination based on “protected characteristics.” Protected characteristics include an employee’s age, race, color, creed, and national origin. Additionally, employees cannot be discriminated against for their sex, sexual orientation, disability, pregnancy, or marital or military status, to name a few.
Individuals who feel they have experienced workplace discrimination can file claims with the New York State Division of Human Rights, a state agency that investigates complaints.
Many people dealing with workplace discrimination ask a common question: whether they need an attorney to help them file a claim. As with any legal issue, having an attorney to represent you can ensure the process goes smoothly and you are treated fairly. If you are considering hiring an attorney, you should do so before filing a discrimination claim so that your statement accurately depicts what occurred.
How Does the 1964 Civil Rights Act Protect Against Discrimination?
The 1964 Civil Rights Act was and still is considered groundbreaking legislation. It outlawed discrimination based on protected characteristics, including race, religion, color, sex, and national origin. Violations of the Civil Rights Act are considered federal crimes and are prohibited in schools, the workplace, and public accommodations.
One portion of the Act, referred to as Title VII, makes employment discrimination illegal based on protected characteristics, which also include pregnancy, sexual orientation, and transgender status.
The Act also established the Equal Employment Opportunity Commission (EEOC), which investigates discrimination claims and enforces federal laws. The Civil Rights Act and the New York State Human Rights Law work together to prevent unlawful discrimination.
Regardless of the prejudice or intolerance you have faced in the workplace, such as sexual harassment or gender discrimination, you have a right to fight back and assert your civil rights. Contact our Brooklyn employment discrimination attorney today to learn more about how we can fight to protect your rights.
What Are Other State and Federal Discrimination Laws That Protect Against Discrimination?
New York State and federal laws have been enacted to protect against workplace discrimination. Unfortunately, employment discrimination can take many forms, and laws have been enacted to ensure that all employees have the opportunity to live in a discrimination-free environment.
The state has passed the New York Human Rights Law, which offers several protections against workplace discrimination. New York City has also passed legislation to protect employee rights that covers a broader spectrum than state law. Known as the New York City Human Rights Law (NYCHRL), the law protects immigration status and employer retaliation.
Other federal laws not included in the 1964 Civil Rights Act that have been passed to prevent employment discrimination include:
- Age Discrimination in Employment Act (ADEA): Prohibits discriminatory hiring acts based on age
- Americans With Disabilities Act (ADA): Prohibits employers from discriminating against those with disabilities
- Genetic Information Nondiscrimination Act (GINA): Prohibits employers and health insurers from requesting or using genetic information to deny employment or healthcare coverage
How Do I File a Discrimination Claim?
You must follow several steps to file a discrimination claim in New York. The first step is determining the right agency to file the claim with, such as the NYC Commission on Human Rights (CCHR), which handles cases inside the city. The New York State Division of Human Rights (DHR) also handles cases within the state. The Equal Employment Opportunity Commission handles all federal discrimination claims.
Other steps involved with filing an employment discrimination claim include:
- Gather information about the discrimination you experienced, such as sexual harassment or gender discrimination, along with the correct dates for the discriminatory acts. State and federal regulations have strict regulations about how long you have to file a claim
- Obtain the names and contact information of all individuals who were involved, such as co-workers or those in management
- Gather evidence that substantiates your claims, such as texts, emails, and video evidence, if available
- File your complaint with the correct agency. Each agency offers several options on how to file, including through their various websites, in person, or by mail
Your complaint must give an accurate picture of the type of discrimination that occurred. Miletti Law P.C., has extensive experience helping our clients file complaints and is happy to assist you with your legal needs.
How Can I Prove a Workplace Discrimination Claim?
If you believe you have suffered discrimination in the workplace and wish to file a claim, you must have supporting evidence that substantiates your case. There are several actions you can take that can prove you suffered unlawful treatment and help you win your case, which include:
- Document each incident, including what occurred, who was involved, the date and time, and the names of anyone who may have witnessed the incident
- Gather critical evidence: Gather evidence that verifies your claims, including texts, emails, performance reviews, and video evidence if available
- Identify consistent patterns: Employment discrimination cases are often not unique to one incident. You may be able to compare your experiences with co-workers who have also experienced discrimination
- File a report with HR: After gathering credible evidence, your next step should be to file a workplace discrimination report. Reporting the problem with HR may not initially solve the problem, but it will provide supporting documentation that can verify your claim should you pursue legal action
One of the most significant benefits of hiring an employment discrimination attorney is that they can advise you on the evidence you need to gather to prove you have been the victim of unfair treatment. Contact our Brooklyn attorney today to learn more about the evidence you need to prove discrimination.
What Can I Do if an Employer Retaliates Against Me for Filing a Discrimination Claim?
In New York, employers are prohibited from retaliating against employees who file discrimination claims. Under state law, an employer may not take adverse action against any employee who reports unfair treatment.
Sadly, employer retaliation may consist of several different actions, which include:
- Reducing an employee’s pay or hours
- Demoting or terminating employees
- Creating a hostile work environment
- Unwarranted negative performance reviews
- Denying rightful benefits
If your employer treats you differently after learning you have filed a workplace discrimination claim, you must seek legal representation immediately. To prove discrimination claims, you must also present evidence that your employer is retaliating against you.
If you are dealing with a hostile work environment, contact Miletti Law P.C., today so we may determine what legal solutions fit your needs.
Why Should I Hire an Employment Law Attorney to Help Me File a Discrimination Claim?
Hiring an employment law attorney is essential if you have been subject to workplace discrimination. Employment discrimination lawyers understand the legal intricacies of state and federal discrimination claims and know what it takes to get results. One crucial role of an employment attorney is to advise clients of their rights and what legal solutions are available based on the facts of the case.
Your attorney will also ensure that all of the required legal paperwork is filled out correctly and turned in promptly to avoid missing critical deadlines. Additionally, regardless of whether you have experienced discrimination based on your national origin or sexual orientation, your attorney can advise you on gathering critical evidence supporting your case.
After filing a discrimination claim, your attorney can also suggest ways to avoid potential employer retaliation and what steps to take if it does occur.
An employment lawyer will also represent you in settlement negotiations to ensure your voice is heard and treated fairly. Suppose your discrimination claim is denied or the employer is unwilling to offer a fair settlement. In that case, your attorney will take the case to court to obtain legal remedies for your situation. Legal remedies may include back pay, job reinstatement, or compensatory or punitive damages if the court rules in your favor.
Will My Discrimination Claim Have to Go to Court to Be Resolved?
Under New York State law, discrimination claims may be pursued in court if not resolved through state or federal agencies such as the New York State Division of Human Rights (DHR) or the Equal Employment Opportunity Commission (EEOC).
The first step is to file a discrimination claim with one of the agencies that will investigate your claim. Suppose they find reason to believe the allegations are true. In that case, the agency handling the claim may request that you and your employer try to resolve your differences through mediation or settlement negotiations. If mediation or settlement negotiations fail to settle the matter, the case may proceed to an administrative hearing, like a court trial. If the agency does not find reasonable cause, you may receive a “right to sue” letter alerting you that you may pursue civil litigation in court.
New York employment discrimination law and the procedures involved with filing discrimination claims can be overly complex and require the help of an attorney. Time is of the essence in workplace discrimination claims, so contact our Brooklyn law offices immediately so that we can get started on your case.
What Makes Your Employment Law Attorney the Right Choice to Handle My Legal Matters?
No one likes pursuing potential litigation against their employer for discriminatory behavior. However, countless employees suffer unfair treatment at the hands of their employers annually. If you have been the victim of discrimination in the workplace, you need an attorney who is fearless when it comes to standing up for your rights.
When you come to us for help, Miletti Law P.C. will work tirelessly to ensure you receive the justice you deserve. We take pride in holding employers accountable for their actions and ensuring that others do not suffer similar treatment.
If you have questions about workplace discrimination or want help filing a claim, contact our Brooklyn, New York, law offices at 314-648-2586 or visit our website to fill out our intake form. We will happily schedule an appointment with our Brooklyn attorney, who will review your case.