212.627.8100When a company hires an employee, the employee is expected to familiarize themselves with the workplace’s rules and expectations. Most employee handbooks and resources include a section that sets forth the company’s disciplinary procedures so that workers can understand the consequences of any failure to comply with the workplace rules and policies. For instance, an employer may state that an employee who arrives late a certain number of times may be penalized for their consistent tardiness. In New York, employers are allowed to use their own discretion to discipline employees, but this discretion cannot be exercised in a discriminatory manner. If an employee is harshly penalized for an infraction and a similarly situated employee who violates the same rule receives little to no punishment, this may be a sign of workplace discrimination—as long as the unfairly punished employee can link the harsh consequences to a protected class or characteristic.
It’s important to recognize that the inconsistent application of workplace discipline does not automatically mean that the employer is engaging in discriminatory behavior. Unequal discipline at work may only be considered discriminatory if the employer’s actions concern the employee’s race, religion, age, sex, or other protected characteristic. In other words, the plaintiff needs to show that the punishment they received was not a legitimate response to their poor performance or conduct—it was because of a protected characteristic. Evidence of workplace discrimination can be challenging to identify and gather, which is why it’s highly recommended that you enlist the services of an experienced and trusted New York workplace discrimination attorney to maximize your chances of building a successful claim. Let’s take a look at some signs of unequal discrimination at work, how to build an employment discrimination claim, and why partnering with a top New York employment discrimination lawyer is the best way to move through this daunting process with greater understanding and confidence.
What is Unequal Discipline in New York?
When an employer enforces different penalties for similarly situated employees for similar conduct, this may constitute unequal discipline in the workplace. For example, if two employees of comparable standing (i.e., two managers, two administrators, or two similarly situated employees) are penalized differently for the same infraction, this may indicate that the employer is engaging in unequal discipline practices. When one employee has consistently underperformed for months and faced no disciplinary consequences, a similarly situated employee may be justifiably upset if the employer punishes them for one instance of underperformance. Or, if one worker faces disciplinary action because of arriving late to work while another similarly situated employee faces no consequences for consistently being tardy or absent, this may indicate the workplace is inconsistently disciplining its employees.
Signs That Discipline May Be Rooted in Discrimination
Just because similarly situated employees are disciplined inconsistently or differently does not necessarily mean that the workplace is engaging in discriminatory practices. In order to show that unequal discipline at work tis because of employment discrimination, the employee must be able to draw a clear line between the company’s unfair discipline practices and a protected characteristic. Here are just a few signs that could indicate evidence of workplace discrimination when it comes to enforcing unfair discipline policies:
- Similarly situated employees who are not part of a protected class receive lighter (or no) punishment, while the employee who is part of a protected class is disciplined harshly
- An employee who is part of a protected class faces sudden disciplinary action following the disclosure of a disability, pregnancy, or religious practice
- The employee has endured a hostile work environment, subjected to biased comments or behavior based on a protected characteristic
Even if you are not certain that the actions of your employer constitute workplace discrimination, it’s important to share your concerns with a trusted member of the human resources department or adhere to the reporting policies of your workplace. If your concerns are still not taken seriously, or if you face any type of retaliation for sharing your concerns, reach out to a highly experienced and dedicated New York employment discrimination lawyer to learn more about your legal rights and options.
What Concerned Employees Should Document
As soon as you suspect that you are being treated or disciplined unfairly at work due to a protected characteristic, it’s essential to start keeping a record of any documents, communications, or other evidence that can be used to build a workplace discrimination claim. Here are just a few examples of items you can start collecting and organizing in preparation for a potential report or claim:
- Written warnings and any disciplinary notices issued by the employer
- Employee handbook policies and disciplinary procedures
- Performance evaluations
- Examples of how similarly situated employees were treated for comparable infractions or mistakes
Potential Legal Remedies For Employment Discrimination in New York
If you are worried about reporting your concerns to your employer, you are not alone. Many employees fear retaliation (even though it is against federal and state employment laws to retaliate against any employee who reports their concerns through the appropriate channels), which prevents them from taking action against these unlawful practices. The first step is to make a report to the human resources department or follow the reporting guidelines set forth in the employee handbook. If this proves unsuccessful, you can consider filing a complaint with the New York Division of Human Rights (NYDHR) or the Equal Employment Opportunity Commission (EEOC). In some cases, employees may be able to file an employment discrimination lawsuit against the employer to recover damages. To learn more about the potential remedies that may be available to you, reach out to a trusted and experienced New York employee rights attorney today.
FAQs About Employment Discrimination Claims in New York
Is it illegal for employers to discipline employees differently?
Not necessarily. The issue is whether the difference in disciplinary action is based on a protected characteristic (i.e., race, age, sex, etc.).
What is a similarly situated employee?
An employee who is in a comparable role with similar responsibilities, and who engaged in similar conduct.
What evidence helps to prove discriminatory discipline?
Disciplinary records, company policies, witness testimony, and evidence that shows a history of inconsistent treatment can all support workplace discrimination claims.
Learn More About Employee Rights Today
If you have reason to believe that you have been the target of workplace discrimination in New York, it’s essential that you understand your legal rights and options. At Levy Ratner, we believe in working closely with every client we serve to understand their concerns and identify the most strategic course of action that is best suited to address their situation. Please reach out to our New York, New York office today by calling (212) 627-8100 to get started with a highly experienced and caring employment discrimination attorney.