Various Federal and New York State laws prohibit discrimination in the workplace. Discrimination is defined as unfavorable treatment of a protected category of individuals due to certain attributes such as race, religion, gender, disability or sexual orientation.
The attorneys at Thomas M. Lancia PLLC regularly represent clients in employment discrimination claims based on these Federal and state laws. These claims can arise from Federal laws such as:
Title VII of the Civil Rights Act of 1964 (Title VII)
- Title VII is a Federal law that makes it illegal to discriminate against person in the workplace based on race, color, national origin or sex.
- This law is also used in sexual harassment cases as sexual harassment is discrimination based on sex and applies to women and men.
- Title VII also applies in cases of religious discrimination and provides that an employer has to reasonably accommodate an employee’s religious practices unless it would cause an undue burden.
Pregnancy Discrimination Act
- This act is a Federal law making it illegal to discriminate against a woman due to pregnancy, childbirth or a medical condition resulting from either.
Equal Pay Act 1963 (EPA)
- The EPA is Federal law that provides that men and women must be paid the same for doing the same job in the same workplace.
Title I of the Americans with Disabilities Act (ADA)
- The ADA is Federal law that makes it illegal to discriminate against a qualified individual based on a disability they possess. It also provides that employers must make reasonable accommodations for an employee’s known disabilities.
Each state also has its own employment discrimination statutes. State law often covers more that broad Federal statutes. For example New York State provides protection for a personal attribute not covered by the Federal law as follows:
Sexual Orientation Non-Discrimination Act
- This law passed in 2002 makes it illegal to discriminate against a person based on their actual or perceived sexual orientation.
All of the above laws provide that retaliating against a person who complains about discrimination or is involved in a discrimination investigation or law suit is also illegal.
Employers are not allowed to make decisions relating to hiring, firing, promoting, demoting, compensating, training, disciplining or assigning work under the influence of prejudice or bias based on race, gender, disability or sexual orientation. If you or someone you know has been the victim of discrimination, you should seek legal representation as soon as possible.
Our attorneys can advocate for your rights if you have been the subject of discrimination. We can assist in the filing of a discrimination complaint or charge with the EEOC or the New York State Division of Human Rights. Each agency has a different process so you should rely on the experts to file your claim in a manner that conforms with the necessary requirements and within the specified time limitation.
Our firm is dedicated to protecting the rights of persons who have been discriminated against for any reason. We are seasoned advocates in this area and will fight vigorously with the goal that you receive compensation for employment discrimination. If you believe you have been the subject of employment discrimination contact Thomas M. Lancia PLLC at (212)964-3157 for a consultation.