212.627.8100When we go to work, we have the right to enter an environment that is tolerant and free from harassment. Legal protections at the federal, state, and city levels have been put in place to keep workers safe from acts of discrimination. However, just because such laws exist does not mean that employment discrimination does not occur. Certain instances of discrimination can be overt, such as a boss subjecting you to constant unwanted remarks and comments about your race or gender. Most acts of employment discrimination are far more subtle, making it harder to draw a straight line between the act of discrimination and its basis. For instance, if you believe you were denied the promotion you know you deserved because of your age, your employer will likely deny this reasoning and present an alternative explanation as to why they awarded the promotion to another (younger, less qualified) candidate.
Although New York has some of the most robust and comprehensive employment protection laws in the country, building a compelling employment discrimination claim can still be challenging. As overwhelmed as you may feel at this moment, you do not have to navigate this daunting task on your own. Enlisting the support of an experienced and highly qualified New York employment discrimination attorney is the best way to ensure that your claim is as strong as possible. This post will highlight the critical role of documentation when preparing a successful employment discrimination claim.
Recognizing Discrimination in the Workplace
Many instances of workplace discrimination may not be immediately recognizable as such. An employee may simply start to feel uneasy around a boss or coworker who makes unwanted comments about their age, gender, religion, race, ethnicity, sexual orientation, or other immutable characteristics. Federal protections such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Pregnancy Discrimination Act (PDA), and the Equal Pay Act prohibit workplace discrimination against individuals in protected classes (i.e., people over 40, women, etc.). Moreover, the New York State Human Rights Law and the New York City Human Rights Law extend additional protections that prohibit discrimination in hiring (including in job postings and interviews), promotions, discipline, and any other decisions or actions that impact the terms and conditions of employment.
Acts of discrimination based on age, race, color, national origin, religion, gender, sexual orientation, disability, and other characteristics by an employer are unlawful and actionable. Employees who experience harassment and discrimination in the workplace have the right to file a discrimination claim against their employer to recover remedies such as compensatory damages for any back pay, loss of income, or emotional anguish the employee suffered as a result. When you meet with your New York employment discrimination lawyer, you can assess the details of your situation to identify the most strategic course of action and the types of remedies you may be eligible to recover.
Preparing an Employment Discrimination Claim in New York
Once you have met with your employment discrimination lawyer, you can start preparing a claim. Many employment discrimination claims are covered by federal, state, and New York City laws, so you can file your claim with the Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights (NYSDHR), or the New York City Human Rights Commission (NYCCHR). Usually, when you file a claim with one of these government agencies, it will investigate the complaint and determine whether it’s actionable through various adjudication forums. One of the most crucial aspects of an impactful employment discrimination claim is gathering and presenting clear and compelling documentation that proves that you endured harassment and discrimination in the workplace. Here are some best practices for documenting instances of discrimination to strengthen your claim.
Keep Detailed Records of Discriminatory Remarks
Although the thought of writing down the discriminatory remarks you were subjected to at your place of work can be unpleasant, doing so is essential to making your employment discrimination claim as strong as possible. Keep a detailed written record of the comments, gestures, jokes, and other verbal and nonverbal communications that contributed to your sense of unease or made you feel unsafe at work. If a supervisor or coworker sent you text messages or emails with discriminatory remarks or inappropriate jokes, save these as well to present with your employment discrimination claim. Whenever possible, indicate the date, time and location in which these incidents took place, as well as any other relevant details (i.e., were there other workers present at the time, was there unwanted touching, etc.). Essentially, write down as much information as possible about these incidents so you and your attorney can prepare a solid employment discrimination claim.
Include Evidence of Adverse Employment Actions
Employment discrimination often manifests in an adverse employment action based on your age, race, gender, etc. For example, if your employer denied a promotion and gave it to a coworker with considerably less experience and fewer qualifications, your attorney can help you gather documentation that supports your employment discrimination claim. Leading up to this promotion, your supervisor may have made several off-handed comments about your age or asked inappropriate questions about your plans to start a family. You can use the evidence you gather to draw a line between your older age and the promotion that was given to a much younger employee (even though that person was much less qualified than you). Again, the more details and specific examples you can provide, the more compelling your employment discrimination claim can become.
Showing Your Employer Denied Your Requests For Accommodations
The EEOC mandates that employers must comply with an employee’s request for reasonable accommodations to permit them to perform the essential functions of their position. The Americans with Disabilities Act (ADA) allows employees with disabilities or special needs to request reasonable accommodations in order to perform their job duties. Employers must honor an employee’s request for reasonable accommodations, such as making existing facilities wheelchair accessible, modifying equipment, providing qualified interpreters, offering modified work schedules, and other reasonable accommodation requests. If you have made a request for accommodations and your employer has either ignored you or denied you a promotion or position because of your request, your attorney can help you gather evidence demonstrating this violation of employment law. No matter what the details of your situation may be, you can rely on your experienced New York employment discrimination attorney to advocate for your best interests at every opportunity.
Experiencing discrimination in the workplace is both unacceptable and unlawful. If you are interested in understanding your legal rights and exploring your options for filing an employment discrimination claim in New York, reach out to Levy Ratner today at (212) 627-8100 to speak with an experienced and empathetic attorney.