Dedicated New York Discrimination Lawyers: Fighting Injustice

If you’re enduring discrimination at work in New York, action is imperative. Katz Melinger offers clarity on how our dedicated New York discrimination lawyers fighting injustice can work alongside you. We lay out the steps to recognize discrimination, defend your rights, and seek a fair resolution. With factual insights and legal strategies from seasoned advocates, you’ll gain a roadmap for navigating the challenges ahead without any pretense.

At Katz Melinger, we understand the gravity of workplace discrimination and are committed to empowering individuals with the knowledge and support needed to address such issues. Our team of experienced New York discrimination lawyers is equipped to guide you through the complexities of the legal system. We prioritize clarity, providing you with a comprehensive understanding of your rights and options. By choosing Katz Melinger, you align yourself with a dedicated ally in the fight against injustice. We believe in fostering an environment where everyone can work free from discrimination, and we are prepared to stand by your side to ensure your voice is heard and your rights are protected. From our office in Manhattan, we represent clients throughout New York City, Nassau County, Suffolk County, Westchester County and its surrounding areas, and northern New Jersey. Call us today at 212-460-0047 to speak with one of our New York attorneys to get legal assistance today.

Understanding Employment Discrimination

Workplace discrimination, in its many forms, is an unfortunate reality for many employees. Most employees are hired on an at-will basis, meaning they can be terminated for any nondiscriminatory reason. Under federal, state, and local laws, however, employers cannot terminate employees on the basis of their protected class. In other words, it is against the law to discriminate against employees and job applicants. Employment discrimination may occur when employees receive different treatment due to inherent characteristics or individual circumstances and identities such as:

• Race
• Religion/creed
• Color
• Age
• National origin
• Alienage or citizenship status
• Gender (including sexual harassment)
• Gender identity
• Sexual orientation
• Disability
• Pregnancy
• Marital or partnership status
• Arrest or conviction record
• Status as a victim of domestic violence, stalking or sex offenses
• Unemployment status
• Caregiver status
• Credit history

This could manifest in various ways, from overt actions like workplace harassment and wrongful termination to more subtle forms like creating a hostile work environment based on protected statuses.

In New York City, the civil rights laws protecting against employment discrimination are comprehensive, encompassing a broad array of situations. These protections extend beyond those offered federally.

Federal Laws Protecting Employees

Federal laws like Title VII, which fall under the umbrella of labor law, provide a baseline of protection against workplace discrimination. Title VII of the Civil Rights Act is a federal law that prohibits employment discrimination based on a worker’s race, color, sex (which includes pregnancy, sexual orientation, and transgender status), religion, and national origin. Title VII applies only to these specific characteristics. It also applies only to employers with 15 or more employees; however, smaller employers may still be subject to claims under state or local laws. Before an individual can file a lawsuit based on these federal protections, they must first file a complaint with the Equal Employment Opportunity Commission (EEOC), and for federal employees, with the Equal Employment Office (EEO) within 45 calendar days.

New York Laws Protecting Employees

Complementing these federal protections, New York State laws offer additional protections against discrimination for a variety of activities and statuses. For instance, political activities, legal consumable products usage, and recreational activities outside of work hours and premises are safeguarded under state law, ensuring that employees are not unfairly judged or penalized for their lawful off-duty conduct. Moreover, these state provisions create a more inclusive environment by protecting individuals who might otherwise be subject to unfair treatment based on their personal choices or affiliations that do not impact their professional capabilities.

In instances of discrimination, New York residents have multiple avenues for recourse. Complaints can be filed with the New York State Division of Human Rights within one year of the discriminatory act. This state agency is dedicated to addressing such grievances and fostering an equitable work environment. Alternatively, victims of discrimination have the option to bypass the administrative complaint process and directly file a lawsuit in state court within three years of experiencing discrimination. This allows for a more direct approach to seeking justice and potentially expedites the resolution of the case.

In New York City, the NYC Commission on Human Rights takes the forefront in enforcing the local Human Rights Law, which is one of the most expansive and protective anti-discrimination laws in the nation. This local body provides an even more comprehensive set of protections against discrimination, covering a wide range of potential discriminatory practices and offering robust enforcement mechanisms to ensure that every individual’s rights are respected and upheld in the workplace.

New Jersey Laws Protecting Employees

In addition to federal and New York laws, New Jersey offers its own set of protections for employees against workplace discrimination. The New Jersey Law Against Discrimination (NJLAD) is one of the most comprehensive state laws in the country, prohibiting discrimination in employment, housing, places of public accommodation, credit, and business contracts. NJLAD protects against discrimination based on race, creed, color, national origin, ancestry, age, marital status, familial status, sex, sexual orientation, gender identity or expression, disability, and atypical hereditary cellular or blood trait.

Furthermore, the New Jersey Family Leave Act (NJFLA) allows eligible employees to take up to 12 weeks of unpaid leave in a 24-month period for the care of a family member with a serious health condition or for the birth or adoption of a child, without fear of losing their job.

The New Jersey Pregnant Workers Fairness Act (NJPWFA) requires employers to provide reasonable accommodations for pregnancy-related needs unless doing so would result in undue hardship on the business operations. This includes, but is not limited to, bathroom breaks, breaks for increased water intake, periodic rest, assistance with manual labor, job restructuring, and modified work schedules.

New Jersey also has laws that protect employees from retaliation when they disclose, report, or refuse to participate in certain actions that they believe to be illegal or unethical. This includes protections under the Conscientious Employee Protection Act (CEPA), often referred to as the “Whistleblower Act,” which safeguards employees who report or refuse to engage in actions they believe to be fraudulent or criminal.

These New Jersey laws work in tandem with federal protections to provide employees with a broad spectrum of rights against discrimination and unfair treatment in the workplace. It is essential for New Jersey employees to understand these rights and for employers to ensure compliance with both state and federal regulations.

At Katz Melinger PLLC, we have a history of successfully advocating for employee rights, including the right of protected classes under Title VII and state and local laws to be free from discrimination in the workplace.

Do Any Other Protected Classes Exist?

The Federal Age Discrimination in Employment Act is a federal law that prohibits discrimination based on age. It applies to employers with 20 or more employees. The Federal Americans With Disabilities Act prohibits disability discrimination and applies to employers with more than 15 employees.

New York has created additional protected classes through state law. These additional classes protect from discrimination based on genetic information, marital status, military status, sexual orientation, lawful recreational activities, political activities, and other characteristics.

New York City has also enacted laws that further expand the list of protected classes. These include unemployment status, alienage or citizenship status, caregiver status, and credit history.

Additionally, under the Fair Chance Act, employers are prohibited from asking about a criminal record before making a job offer, although exceptions exist for some occupations.

Because there are different protected classes under different laws, it is important to contact an employment attorney from Katz Melinger if you believe you have been discriminated against for any reason.

How to Recognize Workplace Discrimination

The first step towards seeking justice is recognizing workplace discrimination. Signs of workplace discrimination can include:

• Unequal pay for similar work
• Disparities in promotions
• Isolation or exclusion
• Differential treatment
• Harassment or bullying targeted at employees from specific groups
• Negative performance evaluations unrelated to actual performance
• Biased hiring practices
• A toxic work environment where discriminatory behavior is tolerated by management

Once you identify these signs, promptly report workplace discrimination to the EEOC via their public portal. In New York, employees also have the option to report discrimination to a local Fair Employment Practices Agency (FEPA), which can forward the complaint to the EEOC. Should you face retaliation related to discrimination or harassment complaints, report this through the EEOC’s public portal as well.

Considering these processes’ complexities, it would be beneficial to enlist the assistance of experienced employment discrimination attorneys in New York from Katz Melinger.

Steps to Take if You Experience Workplace Discrimination

Several important steps must be taken if you find yourself facing workplace discrimination. Begin by documenting each incident in detail, including the date, time, location, parties involved, and what occurred. Next, collect evidence to support your claims. Useful evidence may include emails, messages, photos, videos, and documentation of work performance through evaluations and schedules.

After gathering evidence, you can take the following steps to report discrimination:

1. Report the discrimination to your supervisor or Human Resources department.
2. If necessary, file complaints with external bodies like the EEOC or the NYS Division of Human Rights.
3. Be mindful of the legal time frames for submitting a federal complaint with the EEOC.
4. Gather witnesses’ contact information for your case.
5. Contact Katz Melinger and speak with a New York employment lawyer for additional information and assistance.

Remember, retaliation for filing a lawsuit is illegal. Prepare for any potential employer retaliation by seeking legal guidance. Most importantly, enlist the help of a lawyer who practices cases related to discrimination and will advocate for your rights, and help you understand your case’s complexities.

How Do I Prove Discrimination?

Many people are hesitant to make claims about discrimination because they believe discrimination is difficult to prove. Fortunately, there are ways to help your case.

You will want to gather any evidence that shows not only that you are being treated differently from other employees, but that the reason for that disparate treatment is your membership in a protected class (race, gender, disability, etc.). It’s a good idea to discreetly take notes of conversations with your boss or coworker (complete with dates, times, accurate quotes, and other information) that show or suggest discriminatory attitudes/behaviors. It can also be helpful to find paperwork containing discriminatory language or showing disparate treatment, such as repeated failure to be promoted despite being the most qualified candidate. If you aren’t sure whether a piece of evidence is relevant, simply show it to your attorney.

There are other methods for gathering evidence, but doing so incorrectly may harm your case. If you believe you have experienced discrimination at work,  consult with our attorneys at Katz Melinger as early as possible so we can guide you in how to compile evidence and the next steps to take.

Dedicated New York Discrimination Lawyers: Our Commitment to Fighting Injustice

At Katz Melinger, we are committed to fighting workplace discrimination, protecting employees’ rights, and ensuring fair treatment for all. As dedicated New York discrimination lawyers, we advocate for employees who have faced workplace discrimination, ensuring their rights are protected and injustices are fought. We stand by our firm belief that everyone deserves an equal opportunity to work in an environment free from discrimination and harassment.

Because employment laws are continually changing in New York and New Jersey, employers need an experienced attorney who keeps abreast of the latest developments in the law.

We will provide clear explanations of your legal options and obligations as an employer. With us, you can trust that you are getting skilled employment law attorneys who can clearly communicate the merits of any case in an honest, objective manner. If you are being accused of allowing discrimination against an employee or group of employees, delay can be costly.

Employees should ensure their equal rights protection and freedom from discrimination by reaching out to an experienced New York discrimination lawyer, such as those at Katz Melinger. We firmly uphold our commitment to fighting workplace discrimination, protecting employees’ rights, and ensuring fair treatment for all as a cornerstone of our practice.

Areas We Serve

Our attorneys are based in:

• Manhattan, New York City
• Nassau County
• Suffolk County
• Westchester County
• Northern New Jersey

We extend our services throughout the city’s five boroughs and these areas. No matter where you are, we are committed to bringing our experience and dedication to your case.

Katz Melinger’s Approach to Employment Discrimination Cases

Our successful practice informs our approach to discrimination cases, combining confidence and aggressive advocacy. We’re known for pressing for crucial information to construct a meritorious claim. Our legal team leverages their recognition as civil litigators to advocate for our clients through civil rights litigation, mediation, arbitration, or litigation, based on the strategy that serves the client’s interests.

Discrimination cases often pose the challenge of gathering evidence, as biases are seldom admitted openly. We are adept at working with circumstantial evidence to reveal a pattern of behavior indicating discriminatory motives. In cases where direct discrimination evidence is rare, we employ strategic approaches to present a persuasive claim in the face of employers’ alternative reasons for their actions.

We at Katz Melinger are dedicated to providing representation tailored to align with our clients’ individual goals. We prioritize responsiveness to our clients’ needs throughout the legal process. Clear and upfront communication is a cornerstone of our practice as we assess each case and tailor our legal strategies, whether the situation necessitates settlement negotiations or pursuing trial litigation. Thorough case evaluations are essential to inform clients about the benefits, risks, and different potential outcomes of their legal options.

While we strive to resolve cases cost-effectively, we are fully prepared to proceed to trial if it serves our clients’ interests, without hesitation to enter the courtroom.

Comprehensive Legal Services

Katz Melinger offers a wide range of legal services in employment law, including:

• Discrimination cases
• Sexual harassment cases
• Wrongful termination cases
• FMLA retaliation cases
• Recovering unpaid wages
• Addressing sexual harassment claims
• Addressing wrongful termination claims

Our law firm is adept at handling these specific employment issues and more.

In situations where multiple employees face discrimination from the same company, Katz Melinger PLLC is equipped to represent clients in class-action suits. We’re here to ensure that no one has to face workplace discrimination alone, and we’re prepared to fight for justice on behalf of every client we represent.

How Katz Melinger Can Help You

Our lawyers approach each case involving discrimination with the confidence that stems from a successful practice. We know when employers may be reluctant to disclose information. We know when an employee has a meritorious claim. That is why we provide each client with a thorough case evaluation. We can then inform you of the benefits, risks, and potential consequences of your legal options. We can advise you on the right course of action.

We provide dedicated and determined representation for all of our clients. You can schedule your initial consultation by calling 212-460-0047 for a free consultation or reaching us online.

The information provided should not be taken as legal advice. For the most current and thorough details, it is advisable to seek assistance from a legal professional by contacting a qualified attorney.

Frequently Asked Questions

What is workplace discrimination?

Workplace discrimination refers to the differential treatment of employees based on characteristics such as race, religion, age, gender, and disability. This can range from overt actions like harassment to creating a hostile work environment.

What laws protect employees against workplace discrimination?

Employees are protected against workplace discrimination by federal laws such as Title VII, as well as by specific state and city laws. These laws provide a baseline of protection and additional safeguards against discrimination.

What steps should I take if I experience workplace discrimination?

If you experience workplace discrimination, start by documenting each incident and collecting evidence to support your claims. Then, report the discrimination to your supervisor or HR department, and file complaints with relevant authorities. Seek legal counsel from a discrimination lawyer if needed.

What services does Katz Melinger offer?

Katz Melinger offers legal services in employment law, including discrimination, sexual harassment, wrongful termination, and FMLA retaliation, as well as services related to commercial collections, judgment enforcement, and legal dispute advice.