RACE, GENDER, AND AGE DISCRIMINATION
It is illegal under both city, state and federal law for an employer to discriminate against you on the basis of your race, gender, or age. It can also be illegal to discriminate against you on the basis of your criminal history. These laws were established so employees would be judged on their qualifications rather than innate characteristics over which they have no control. If you believe that an employer has taken any adverse employment actions against you in violation of your status as a member of a protected class, it is advisable to contact the New York discrimination attorneys at Fitapelli & Schaffer to schedule a free consultation. If your employer has discriminated against you on the basis of your race, gender or age, they may have violated one of the following laws, as follows:
Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace based on race, color, national origin, and gender and also created the Equal Employment Opportunity Commission (EEOC), a government agency charged with investigating employment discrimination claims in the workplace. Under Title VII, you are required to seek assistance and file a claim with the EEOC before filing suit.
The Age Discrimination in Employment Act (ADEA) prohibits discriminating against any employee or perspective employee on the basis of age. The Act protects workers who are 40 years of age or older and prohibits using age as a factor in any employment related action such as hiring or firing. The damages under federal law include unpaid wages, attorneys’ fees and limited emotional pain and suffering and punitive damages, based on the size of the employer.
State and City Laws
The New York State Human Rights Law and the New York City Human Rights Law prohibit age, gender, and sex discrimination in employment and often provide greater protections than those offered under federal law. Under state and city law, unlike Title VII, you are not required to file a claim with the EEOC before bringing a discrimination claim against your employer. Similarly, while the ADEA only protects workers who are 40 years of age or older, state and city law protects all workers who are over 18 years of age. Under the New York City human rights law, individuals such as owners and managers can be held personally liable and the employer is responsible for their actions. New York City law also provides the greatest amount of available damages, including unlimited emotional pain and suffering and punitive damages.
Discrimination claims are difficult to prove because an employer rarely admits to making a decision on the basis of race, gender or age. Quite often, an employer will take an adverse employment action against you for a seemingly legitimate reason, although discriminatory animus motivated the conduct. In such a situation, you are entitled to demonstrate that your employers’ “legitimate reason” was actually pretext for hiding discrimination.
It is important to have a discrimination lawyer in New York review your case. The New York discrimination lawyers of Fitapelli & Schaffer have an intricate knowledge of state, city and federal discrimination laws and are prepared to assist you with your race, gender, or age discrimination claim. Call our attorneys for a free consultation regarding the best course of action to take in pursuit of your discrimination claim.