Workplace Discrimination

While our society has certainly made great strides in the areas of inclusion and equality over the last seventy years, workplace discrimination is still much more prevalent than most would care to believe. What's more, the offending conduct is not always obvious. Cases of overt discrimination based on gender, race, religion, national origin and disability are unfortunately common. Less overt and even unintentional discrimination is even more common. Nevertheless, people who are deprived of opportunities for employment or advancement based on their membership in a particular social group, or who lose their jobs as a result of such discrimination, are entitled to be made whole. Our attorneys at Joseph & Kirschenbaum LLP have been helping victims of employment discrimination achieve justice since 1997. We know the various NYC, N.Y. and U.S. statutes that apply and have the knowledge and experience to effectively pursue the most complex discrimination claims.

Firing or refusing to hire someone based solely on his religion, or giving an employee less favorable terms because of her race, are very obvious forms of workplace discrimination. However, today the bulk of discriminatory practices that occur are much more subtle. Employers may be held liable, not only for deliberate discrimination, but also for policies that have the effect of discriminating even if that was not the intent, such as:

• Failure to intervene in a hostile work environment in which race or other protected characteristics are demeaned, stereotyped or ridiculed
• Dress code policies that inhibit one's religious practice
• Unnecessary physical requirements that tend to exclude women
• Recruitment advertising and practices that tend to discourage members of certain groups from applying
• Unnecessary “English only” policies

These are just some common examples of the types of indirect discrimination that remain frighteningly commonplace. While investigating and pursuing these types of discrimination claims can be complex, our NYC employment discrimination attorneys are up to the challenge.

U.S., N.Y. and NYC laws combine to prohibit employment discrimination based on a variety of bases, including:

• Age— The federal Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals over the age of 40. The New York State Human Rights Law and the NYC Human Rights Law also prohibit age discrimination.

• Religion— Title VII of the Civil Rights Act, as well as state and local humans rights laws, prohibit employment discrimination based on religious affiliation or observance.

• LGBT— While not yet covered by U.S. law, N.Y. and NYC laws in New York prohibit discrimination based on LGBT status.

• Disability— The Americans with Disabilities Act (ADA) and state and local human rights laws prohibit employers from discriminating against disabled individuals who are able to perform the essential functions of their jobs with or without reasonable accommodation.

• Race— Discrimination on the basis of race, whether intentional or not, is prohibited by U.S., N.Y. and NYC statutes.

• National origin— Discrimination based on a person's ancestry is prohibited by the Civil Rights Act and state and local humans rights laws. Discrimination based on citizenship status is prohibited by the federal Immigration and Nationality Act.

• Gender— Gender discrimination is prohibited by the Civil Rights Act, the Equal Pay Act and N.Y. and NYC human rights laws.

• Pregnancy— Pregnancy discrimination protection is included under the Civil Rights Act's prohibition against gender discrimination, as well as specifically under the Pregnancy Discrimination Act. Pregnant women are also afforded certain rights under the Family and Medical Leave Act (FMLA).

The law firm of Joseph & Kirschenbaum LLP has maintained a robust and comprehensive employment discrimination law practice since 1997. We are prepared to represent employees and applicants who have suffered any type of employment discrimination prohibited under federal, state or local law. If you have been denied employment or suffered adverse employment action based on race, religion, national origin, gender, sexual orientation, disability or any other legally protected characteristic, contact us today to schedule a complimentary initial consultation. We are available at 212-688-5640. We can also be reached online. Se habla espanol.