FAQs

An employment lawyer can advise you about whether your employer’s conduct was unlawful. They can help you navigate a layoff or termination, denial of promotion, or other concern about workplace treatment, including unfair pay. An employment lawyer can also help you negotiate a better hiring or separation package. Our attorneys have knowledge and experience handling hostile work environment, discrimination, harassment, wage and hour violations, whistleblower retaliation, and other unlawful employment practices such as wrongful termination. Our attorneys represent clients in individual and class action lawsuits, arbitrations, mediations, and negotiations.

An employment lawyer’s role is to use their legal skills to advocate for their clients in various legal settings. This can range from offering strategic advice and guidance to drafting legal documents and negotiating on the client’s behalf.

If you are an “at-will” employee, your employer does not need “just cause” to end your employment. However, an employer cannot fire you for discriminatory or retaliatory reasons. Additionally, certain employment contracts establish additional protections. If you were fired without just cause, an employment lawyer can assess your situation, offer advice, and execute a legal strategy in your best interests.

To prove wrongful termination, you generally must show the employer’s stated reason for the termination was false and that the true reason for the termination was illegal. Illegal reasons include that the employer was motivated by discrimination, breach of contract, violating public policy, or unlawful retaliation. Employers will rarely admit to firing an employee for an illegal reason, and an experienced employment lawyer can help you assess the strength of your potential claims and whether you may be entitled to a remedy.

Yes, you likely have a case against your employer. Under federal, NY state, and NYC local laws, an employer is required to pay its employees the legal minimum wage in the area for the hours the employee worked. However, various circumstances and factors determine whether the time counts as compensable work hours, such as rest and meal periods, work trainings, travel time, and others.

Generally, a discrimination or retaliation claim in New York or New Jersey must be filed within 300 days to preserve federal claims. Whistleblower and wage and hour claims have different statutes of limitations. Be sure to speak with a qualified employment lawyer to determine which deadline applies in your situation.

Unlawful discrimination is generally the treatment of another person badly or less favorably than others because of that person’s attributes, such as race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information. Federal, state, and local laws may have additional attributes that are also protected.

Only you can decide whether it is worth bringing a claim of discrimination against your employer. An experienced employment attorney can talk with you about the pros and cons of bringing an action, the likelihood that you will prevail, the potential remedies available to you, and the time and effort involved in litigation. Your action may help not only yourself but others who may be suffering or will suffer from unlawful discrimination.

As long as your claims are timely, you can take your employer to court or report it to an enforcement agency for unlawful discrimination or retaliation.

In New York City, the Human Rights Law prohibits discrimination in employment, housing, and public accommodation, and protects against discriminatory lending practices, retaliation, harassment, and biased-based profiling by law enforcement. The protected classes include age, immigration or citizenship status, color, disability, gender (including sexual harassment), gender identity, marital status and partnership status, national origin, pregnancy and lactation accommodations, race, religion and creed, sexual orientation, and status as a veteran or activate military service member.

Additional NYC Human Rights Law enforcement authority in the employment context include prohibiting discrimination based on arrest or conviction record, caregiver role, credit history, pre-employment marijuana testing, unemployment status, sexual reproductive health decisions, salary history, and status as a victim of domestic violence, stalking, and sex offenses.

Also, employment circumstances in which the Human Rights Law has enforcement authority include:

• Prohibiting discrimination in hiring (including in job postings and interviews), salary and benefits, performance evaluations, promotions and demotions, discipline and firing, and any decisions that affect the terms and conditions of employment.
• Employers must additionally provide reasonable accommodation for employees for the people of the protected classes of disability, pregnancy, child or related medical conditions, religious observance, status as a victim of domestic violence, sexual violence, or stalking, and lactation needs.

There are further protections in housing, retaliation, and public accommodations that can be found on the NYC Commission on Human Rights website: here.

A person that believes employment discrimination took place must prove the accuser 1) is a member of a protected class; 2) met the employer’s job expectation and there is no legitimate reason for the different treatment; 3) suffered an adverse employment action; and 4) another similarly situated employee who is outside of the protected class of the discrimination accuser received better treatment from their employer. Evidence of such employment discrimination may come in different forms such as direct evidence of the fact of discrimination, circumstantial evidence that proves a fact by inference, or a pattern and practice in class action lawsuits.

Discrimination is treating a person differently, or less favorably for some reason. It can occur in such places as work, school, or public places like the mall or the subway.

An employment discrimination lawyer has the knowledge to prepare, offer advice, and give guidance to workers who suffered from discrimination at every stage of the legal process. This will help ensure the client has the support to receive the best financial and other remedies for the harm experienced by discrimination in the workplace.

If a discrimination claim is covered by NYC, NY state, and federal law, it can be filed with the New York City Human Rights Commission (NYCCHR), New York State Division of Human Rights (NYSDHR), or the Equal Employment Opportunity Commission (EEOC). Though different laws cover different types of discrimination and have different rules on filing a complaint, generally these government agencies will receive information about the discrimination complaint, investigate the complaint, and then determine if and how to prosecute the claim through various forms of adjudicative processes. If the government agency is unable to resolve or pursue an action against an employer for a discrimination complaint, the complainant has the right to sue the employer in court to receive the best remedies the worker deserves for the harm they experienced.

Through a series of federal, state, and local laws, employers are prohibited from discriminating against individuals in any aspect of employment because of their age, race, color, national origin, religion, gender, sexual orientation, disability, and more.
Federal laws:

• Title VII of the Civil Rights Act – prohibits discrimination against applicants, employees, and former employees based on race, color, religion, national origin, or sex.
• Age Discrimination in Employment Act (ADEA) – prohibits discrimination against applicants, employees, and former employees based on their age of 40 and over.
• Americans with Disabilities Act (ADA) – prohibits workplace discrimination against qualified applicants, employees, and former employees based on their disability and requires reasonable accommodation of those disabilities.
• Pregnancy Discrimination Act (PDA) – prohibits discrimination against applicants, employees, and former employees based on pregnancy, childbirth, or a related medical condition.
• Equal Pay Act – requires that men and women in the same workplace be given equal pay—in all forms—for equal work in the same or substantially equal jobs, and employers cannot lower pay to one group to comply with the law.
• Genetic Information Nondiscrimination Act (GINA) – prohibits discrimination based on genetic information with respect to health insurance and employment.

NY State and City have broader antidiscrimination laws compared to the federal level:

• New York State Human Rights Law – prohibits discrimination in employment, housing, credit, public accommodation, and non-sectarian educational institutions. This law establishes protections for applicants, employees, and former employees from actions based on age, creed, disability, domestic violence victim status, gender identity or expression, familial status, marital status, military status, national origin, predisposing genetic characteristics, pregnancy-related condition, prior arrest or conviction record, race/color, sex, sexual orientation, and retaliation for opposing unlawful discriminatory practices.
• New York City Human Rights Law – prohibits discrimination, harassment, and retaliation in employment, housing, and public accommodation. This law establishes protections for actions towards individuals based on age, alienage or citizenship status, color, disability, gender (including sexual harassment), gender identity, marital status and partnership status, national origin, pregnancy and lactation accommodations, race, religion/creed, sexual orientation, and status as a veteran or active military service member.

In an employment context, the law prohibits discrimination in hiring, including in job postings and interviews; salary and benefits; performance evaluations; promotions and demotions; discipline and firing; and any decisions that affect the terms and conditions of employment.

Additionally, there are other qualities the law establishes protections in an employment context, for when employers take actions based on an individual’s arrest or conviction record, caregiver status, credit history, pre-employment marijuana testing, unemployment status, sexual and reproductive health decisions, salary history, and status as a victim of domestic violence, stalking, and sex offenses.

An employment discrimination claim covered by NYC, NY state, or federal laws can be filed with the following government agencies. Employment discrimination lawyers can file on the client’s behalf and can assist in determining the best way to proceed based on various factors, such as the number of employees at the company, the employer’s actions toward the employee and in the workplace, the number of others affected by the same actions from the employer, and more.

• Equal Employment Opportunity Commission (EEOC)
  • Website: https://publicportal.eeoc.gov/Portal/Forms/NewEditForm.aspx?templateId=160&userKey=
  • Phone: 1-800-669-4000
  • Email: info@eeoc.gov
• New York State Division of Human Rights (NYSDHR)
  • Website: https://forms.ny.gov/s3/nysdhrcomplaint
  • Phone: 718-741-8300
  • Email: info@dhr.ny.gov; complaints@dhr.ny.gov
  • NY Office: 33 Whitehall St, 5th Floor, New York, NY 10004
• New York City Human Rights Commission (NYCCHR)
  • Website: https://www1.nyc.gov/site/cchr/about/report-discrimination.page; https://dhr.ny.gov/system/files/documents/2022/04/nysdhr-employment-complaint-form-fillable.pdf (fillable or printable complaint form)
  • Phone: 311 or 212-416-0197
  • Email: LEB@cchr.nyc.gov (including a copy of the intake form that may be requested by email as well)
• Additional government institutions that can investigate employment discrimination claims include:
  • New York State Office of the Attorney General, Labor Bureau
  • Website: https://formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGLBHome;jsessionid=tPyi6EMqq8Wm-GexdrD-XdTH8wV7jSx9YOvEPthhSQcags94LAp3!1790387428; https://formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGCRBHome
  • Phone: 212-416-8700; 212-416-8250
  • Email: Labor.Bureau@ag.ny.gov; Civil.rights@ag.ny.gov

The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, but some states have laws that protect younger workers from age discrimination.
In NY state and NYC, the laws prohibit employers from making any employment decisions based on age, which includes the protection of those who are under 40 years old as well.

You should consult with an employment lawyer before you voluntarily resign from your position. Under employment discrimination laws, an employee who has left their position can still file a complaint or sue the employer for its actions. In circumstances where the employer’s discriminatory actions forced you to leave the job, your resignation could be viewed not as a voluntary resignation but rather a “constructive discharge,” more analogous to being fired by the employer. However, the burden of proving constructive discharge is significant, and you should discuss it with an attorney. You should also be aware of company policies relating to employee complaints that may require you to notify the employer to give them a chance to fix the problem before quitting. Following such policies will give the discrimination claim a better chance of succeeding.

Generally, it is the unwelcome sexual advances, requests or sexual favors, and other verbal or physical harassment of a sexual nature. This can occur when any person acts in this sexual nature towards another, including when the harasser is of the same or different gender as the victim, as well as the harasser is the victim’s supervisor, a supervisor in another area, co-worker, customer, and more.

Additionally, sexual harassment does not always have to be specifically about sexual behavior or directed at a specific person. For example, negative comments about a person’s gender may be a form of sexual harassment.

Harassment is illegal when it is so frequent or severe that it creates a hostile work or offensive work environment or when it results in an adverse employment decision, such as the victim being fired or demoted.

Though there is no one best thing to do because every situation is different, two important factors to remember are 1) demonstrating that the conduct is ‘unwelcomed,’ such as telling the harasser their actions offend you verbally or in writing rather than ignoring the behavior; and 2) reporting the harassment because the employer must know or have reason to know about it to be legally responsible for the harasser’s conduct.

One other helpful strategy is writing down your experience after it happens, such as the date, place, time, and possible witnesses. Another is maintaining your work records, such as work evaluations in the case that the harasser attempts to attack your job performance. Additionally, talking to others about the harassment, such as friends, family members, and colleagues if it can be done safely.

No, you are not required to report harassment, unless you are a supervisor who witnesses or is altered to allegations, then you must take steps to promptly end the harassment. However, if you do not report the harassment, it may be impossible for you to later show that the employer knew about and should have stopped the harassing conduct.

Keep in mind that federal, state, and local laws make it illegal for employers to retaliate against you for opposing sexual harassment. You have the right to file a complaint with a government enforcement agency, report harassment to supervisors, resist sexual advances or intervene to protect others, and more.

Retaliation occurs when a harasser takes materially adverse action, such as the victim being fired or demoted, because the victim asserts their rights protected by laws, known as “protected activity.”

An employment separation agreement, or severance agreement, is generally a contract where an employer offers a severance payment or other benefits to an employee who has been terminated by the employer in exchange for the former employee releasing claims against the employer and agreeing to other terms. Unless the termination is governed by a collective bargaining agreement or other employment contract, the terms and conditions of the agreement are negotiable.

Generally, you should expect a severance agreement to contain a promise from the employer to provide financial and non-financial benefits. In exchange for these benefits, the severance agreement will ask you to waive any legal rights you may have to sue, or otherwise pursue claims, against the employer, along with other agreements.

If you are over the age of 40, you should also expect to see a clause referencing the Older Workers Benefit Protection Act (OWBPA), which provides that before any person waives any legal claims against an employer:
The waiver must be clearly written and reasonably understandable,
The waiver must advise the person to consult with an attorney,
The employee must be given 21 days to review before being required to sign, AND
The employee must be given at least 7 days to revoke post-signing of the agreement.

An employer is not required to offer a severance payment and an employee is not required to sign an employment separation or severance agreement. If you are presented with a severance agreement, before you sign, it is a good idea to consult with an experienced employment attorney to review the agreement and discuss your options.

Levy Ratner offers 50 years of experience, dedication, and success in advancing employees’ rights across the country. With a team of nationally recognized, seasoned attorneys, Levy Ratner has been at the forefront of examining, litigating, and publishing articles on developing law in the Labor and Employment legal fields.

From labor union members to individual employees and class action lawsuits, Levy Ratner has been protecting and advancing employee rights for over 50 years. Our experienced attorneys have been nationally recognized by Best Lawyers and Law dragon 500 Leading Plaintiff Employment & Civil rights Lawyers in Labor and Employment law fields, Levy Ratner fights for the best possible results for employees’ rights.