New York City Attorneys for Workplace Discrimination, Sexual Harassment, Wage/Hour Violations, FMLA, FLSA, ADA
Types of Cases We Handle:
Discrimination, Disability; Equal Pay/Compensation; Genetic Information; Harassment; National Origin; Pregnancy; Race/Color; Religion; Retaliation; Sex; Sexual Harassment; Sexual Orientation, Age, Familial Status, Military Status, Prior Arrests and Convictions,
WORKPLACE DISCRIMINATION AND SEXUAL HARASSMENT
New Yorkers are protected against employment discrimination under federal, state and local laws. The laws make it unlawful to refuse to hire, terminate, fail to promote, pay less, or otherwise treat employees or job applicants differently because of their race, national origin, gender, religion, disability and other protected categories.
Independent of which anti-discrimination law may apply, anyone who believes they have been the victim of discrimination should also follow the employer’s internal complaint process for reporting discrimination within your place of employment. Failure to utilize the internal complaint process may negatively affect your legal claims.
It is also important to keep good records of all incidents of discrimination and all complaints that you make. If making an internal complaint of discrimination, memorialize it in writing.
Under federal and state law, it is illegal to discriminate against any person with an actual or perceived disability in many contexts of everyday life, including, for example, in public accommodations, housing and employment A disability is defined as a past or present physical or mental impairment that substantially limits or has limited one or more major life activities.
Prohibited disability discrimination includes not only intentional prejudice based on disability, but also actions or inactions that operate to deny people with disabilities equal access to the same services, opportunities and benefits that are available to people without disabilities. For example, a business discriminates against people with certain physical disabilities if its entry doors are too heavy to easily be pushed open, and a housing complex discriminates against people who use a wheelchair when it does not provide wheelchair-accessible units.
FREEDOM OF RELIGION
The Religious Rights Initiative is dedicated to addressing religious freedom violations and ensuring that anti-discrimination laws are aggressively enforced. Through education, investigation, and, if necessary, litigation, our Civil Rights Bureau will root out practices of religious discrimination and ensure compliance with laws regarding reasonable accommodation.
New York State has a rich history of religious diversity, a tradition conceived in our nation's Bill of Rights and enshrined by laws that protect everyone's right to practice their faith freely. The Office of the Attorney General is committed to ensuring that our proud history of religious tolerance has a strong future.
Sexual harassment is a form of gender-based discrimination. It involves unwelcome conduct that: is used as the basis for hiring or other employment decisions, such as promotions, raises or job assignments; or Creates an intimidating, hostile or offensive work environment. The harasser can be a supervisor, a co-worker or someone who is not an employee, such as a client or customer. Harassment is illegal when it is frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision.
Sexually offensive remarks or jokes;
Unwanted touching or groping;
Coerced sex acts;
Requests for sexual favors of a sexually suggestive nature;
Displaying pornographic images;
Comments (either complimentary or derogatory) about a person's gender or sexual preferences;
Sexual gestures (e.g., pantomiming sex acts).
Sexual harassment is prohibited by Title VII of the 1964 federal Civil Rights Act, New York State Human Rights Law and, New York City Administrative Code). The NYS Human Rights Law also protects against harassment based on gender identity or transgender status.
Race discrimination happens when an employer makes employment decisions based on your race instead of your skills or how well you do your job. Race discrimination also happens when your employer has everyday policies that are not related to job qualifications but usually end up leaving out racial minorities. Racial discrimination occurs when an individual is subjected to unequal treatment because of their actual or perceived race. The U.S. Constitution and the Civil Rights Act of 1964, New York State Executive Law and New York City Administrative law work in concert to ensure that each employee’s rights and standing under the law are not damaged by their race. Racial discrimination can show its face in a number of settings, including employment, housing, education, and other public resources. It also provides links to key federal laws and U.S. Supreme Court decisions related to racial discrimination. Making derogatory comments about an employee’s race, using racial slurs qualifies under as harassment and discrimination.
Whether an employee or job applicant's ancestry is from Afghanistan - Albania - Algeria - Andorra - Angola - Antigua and Barbuda - Argentina - Armenia - Aruba - Australia - Austria – Azerbaijan -The Bahamas - Bahrain - Bangladesh - Barbados - Belarus - Belgium - Belize - Benin - Bermuda - Bhutan - Bolivia - Bosnia and Herzegovina - Botswana - Brazil - Brunei - Bulgaria - Burkina Faso - Myanmar – Burundi - Cambodia - Cameroon - Canada - Cape Verde - Central African Republic - Chad - Chile - People's Republic of China - Republic of China - Cook Islands - Colombia - Comoros - Democratic Republic of the Congo - Republic of the Congo - Costa Rica - Côte d'Ivoire - Croatia - Cuba - Republic of Cyprus - Czech Republic - Denmark - Djibouti - Dominica - Dominican Republic - East Timor - Ecuador - Egypt - El Salvador - Equatorial Guinea - Eritrea - Estonia – Ethiopia - Fiji - Finland - France - Faroe Islands -Gabon - The Gambia - Georgia - Germany - Ghana - Greece - Grenada - Guatemala - Guinea - Guinea-Bissau – Guyana -Haiti - Honduras – Hungary - Iceland - India - Indonesia - Iran - Iraq - Ireland - Israel - Italy - Ivory Coast (see Côte d'Ivoire) - Jamaica - Japan – Jordan - Kazakhstan - Kenya - Kiribati - Kuwait – Kyrgyzstan - Laos - Latvia - Lebanon - Lesotho - Liberia - Libya - Liechtenstein - Lithuania – Luxembourg - Republic of Macedonia - Madagascar - Malawi - Malaysia - Maldives - Mali - Malta - Marshall Islands - Mauritania - Mauritius - Mexico - Federated States of Micronesia - Moldova - Monaco - Mongolia - Montenegro - Morocco - Mozambique – Myanmar -Namibia - Nauru - Nepal - Netherlands - New Zealand - Nicaragua - Niger - Nigeria - Niue - North Korea – Norway – Oman - Pakistan - Palau - Palestine - Panama - Papua New Guinea - Paraguay - Peru - Philippines - Poland – Portugal – Qatar - Romania - Russia – Rwanda - Saint Kitts and Nevis - Saint Lucia - Saint Vincent and the Grenadines - Samoa - San Marino - São Tomé and Príncipe - Saudi Arabia - Senegal - Serbia - Seychelles - Sierra Leone - Singapore - Slovakia - Slovenia - Solomon Islands - Somalia - South Africa - South Korea - South Sudan - Spain - Sri Lanka - Sudan - Suriname - Swaziland - Sweden - Switzerland – Syria - Taiwan - Tajikistan - Tanzania - Thailand - Togo - Tonga - Trinidad and Tobago - Tunisia - Turkey - Turkmenistan – Tuvalu Uganda - Ukraine - United Arab Emirates - United Kingdom - United States - Uruguay – Uzbekistan Vanuatu - Vatican City - Venezuela – Vietnam –Yemen - Zaire - Zambia - Zimbabwe or any other nationality, individuals are entitled to equal access to employment opportunities. The Federal, State and the City law forbids discrimination based upon an individual's birthplace, ancestry, culture, linguistic characteristics (common to a specific group) or accent. It also applies to individuals married to or associated with persons of a particular national origin, or has a name/last name associated with a national origin group.
Age discrimination involves treating an applicant or employee less favorably because of his or her age. The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older. Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
Genetic discrimination can occur if an employer or health insurance company misuses your genetic information and treats you differently. There are laws to protect you from this kind of discrimination.
If you have a genetic test done, you need to know that, you could be at risk for genetic discrimination. Talk to a doctor or a genetic counselor if you are concerned about genetic discrimination.
In New York State, Article 26 of the Insurance Laws (ISC § 2615) and Article 79-l of the Civil Rights Laws (CVR § 79-l) address the need for written informed consent relating to genetic testing. These laws also address the confidentiality of genetic test results and prohibit the misuse of genetic information by health insurers.
In 1996 the Health Insurance Portability and Accountability Act (HIPAA) was created which prevents employers from denying health insurance based on genetic information. The Americans with Disabilities Act of 1990, and the Equal Employment Opportunity Commission of 1995, also provide some protection. Additionally, in 2000, Executive Order 13145 was issued to prohibit agencies of the federal government from obtaining genetic information about their employees or job applicants and from using genetic information in hiring and promoting decisions.
Discrimination based on immigration or citizenship status occurs when an employee or an individual is treated differently in their employment because of their citizenship or immigration status. However, some actions by employers that might otherwise be considered illegal discrimination may be permissible if they are required by another law, executive order, regulation, or government contract. If you have been rejected for employment, fired, or otherwise harmed in your employment because of your citizenship, immigration status or type of work authorization, you may have potentially suffered illegal immigration status or citizenship status discrimination. Call us to find out if we can help.
FAMILIAL/MARITAL STATUS DISCRIMINATION
It is unlawful pursuant to the Human Rights Law for an employer to discriminate because of an individual's age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status N.Y. Human Rights Law § 296.1 modified as N.Y. Executive Law, (Article 15). These provisions of the Human Rights Law generally apply to employers with four or more employees. (Sexual harassment by employers with fewer than four employees is also unlawful. Also, all domestic workers are protected from sexual harassment, and harassment on the basis of gender, race, national origin or religion.
It is illegal in New York to discriminate against a person based on his or her military status. The term "military status" when used means a person's participation in the military service of the United States or the military service of the state, including but not limited to, the armed forces of the United States, the army national guard, the air national guard, the New York naval militia, the New York guard, and such additional forces as may be created by the federal or state government as authorized by law. The term "reserve armed forces", means service other than permanent, full-time service in the military forces of the United States including but not limited to service in the United States Army Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Air Force Reserve, or the United States Coast Guard Reserve. The term "organized militia of the state", when used in this article, means service other than permanent, full-time service in the military forces of the state of New York including but not limited to the New York army national guard, the New York air national guard, the New York naval militia and the New York guard.
PRIOR ARRESTS AND CONVICTIONS DISCRIMINATION
It is an unlawful discriminatory practice for an employer to make any inquiry about any arrest or criminal accusation of an individual which is not currently pending against that individual, or which has been resolved in favor of that individual, resolved by a youthful offender adjudication, or resulted in a sealed conviction. These restrictions also apply to the provision of licenses, credit or insurance. It is unlawful to require any individual to divulge information pertaining to any such arrest or criminal accusation or to take any adverse action based on such an arrest or criminal accusation. t is unlawful to ask an applicant or employee whether he or she has ever been arrested or had a criminal accusation filed against him or her. It is also unlawful to inquire about youthful offender adjudications or sealed records. It is not unlawful to ask if a person has any currently pending arrests or accusations. It is also not unlawful to inquire about convictions. It is unlawful to require an individual to divulge information about the circumstances of an arrest or accusation no longer pending. In other words, the employer cannot demand information from the individual accused in order to “investigate” the circumstances behind an arrest
Under New York law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service dogs to all "public accommodations," such as restaurants, museums, hotels, and more. These laws also requires those who operate public and private transportation (such as taxis) to allow service animals. Public accommodations in New York must comply with both sets of laws, and their patrons are entitled to rely on whichever law provides the most protections. Read on to learn which animals qualify as service animals, which public accommodations must allow them and special rules that may apply.