How Do I Prove Discrimination?
Many people are put off from making claims about discrimination because they believe it is difficult to prove. Fortunately, there are ways to help your case. For example, you can keep a journal of discriminatory comments as they occur so you have dates, times and accurate quotes on the record.
There are other methods for gathering evidence, but doing so incorrectly can harm your case. That is why it is important to consult with our attorneys as early as possible. We can guide you in how to compile evidence.
Who Is Protected Under Title VII Of The Civil Rights Act?
Title VII of the Civil Rights Act prohibits employment discrimination based on a worker’s race, color, sex, religion, national origin or pregnancy. Title VII applies only to these specific characteristics. It also applies only to employers with 15 or more employees. If there are fewer than 15 employees, however, there may still be legal claims under state or local laws.
Do Any Other Protected Classes Exist?
The Age Discrimination in Employment Act is a federal law that prohibits discrimination on the basis of age. It applies to employers with 20 or more employees.
New York has created additional protected classes through state law. These additional protected classes cover genetic information, marital status, military status, sexual orientation, lawful recreational activities, political activities, domestic abuse victims and service dog users.
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, gender identity and credit history.
Additionally, under the Fair Chance Act, employers are prohibited from asking about a criminal record prior to making a job offer, although exceptions exist for some occupations.