EMPLOYMENT SERVICES
Discrimination and Harassment
The New York City employment lawyers at Fitapelli & Schaffer, LLP represent women and men that have been harassed and/or discriminated against at work, due to their status as members of a protected class. Many people are aware that is unlawful to be sexually harassed in any way. However, unlawful harassment and discrimination can also occur under other circumstances where an employer or co-worker’s conduct creates a work environment that could be considered intimidating, hostile, or offensive to a reasonable person. Offensive conduct can include: distasteful jokes and e-mails, racial or ethnic slurs, physical attack or threats, bullying, insults, offensive objects or pictures, and interference with work performance. Unlawful harassment or discrimination can occur under a variety of circumstances where an employee is subjected to a hostile work environment, due to their protected status under the law relating to his or her:
- Age
- Disability
- Pregnancy
- Religion
- Race
- National Origin
- Gender
- Sexual Orientation
- Prior Criminal Convictions
Unlawful discrimination can also occur when an employee with protected status is subjected to negative treatment at work, due to his or her status as a member of a protected class. This negative treatment can include actions such as:
- failure to hire
- demotion or firing
- different compensation or assignments
- classification of employees
- failure to promote or layoffs
- terminating disability leave
- other terms and conditions of employment
If you believe you are being discriminated against or sexually harassed, you should complain in writing (preferably by e-mail) to human resources or your supervisors. If you do not complain, you may not be able to prove your case in court. Remember, it is unlawful to fire or discriminate against someone because they have filed a complaint for harassment. If you are fired for complaining, you may have a claim for retaliation.
