212.627.8100Employers are required to protect their workers from acts of discrimination based on race, national origin, gender, and other protected class-related characteristics. According to the Office of the New York State Attorney General, “Federal, state and, in some communities, local laws prohibit discrimination against job applicants and employees based on race, national origin, gender, religion, disability, and other categories. It is illegal for an employer to refuse to hire, fail to promote, terminate, pay less, or otherwise treat employees or job applicants differently because they are part of a protected category.” Unfortunately, just because these laws are in place does not mean that acts of New York workplace discrimination do not occur. If you believe that you have been subjected to employment discrimination, it’s essential to understand your employee rights in New York. Enlisting the guidance of a highly qualified and knowledgeable employment law attorney can give you the support and clarity you need to redress this unjust matter.
Should you decide to file an employment discrimination claim, you will need to compile compelling evidence that establishes wrongdoing on behalf of your employer. Proving workplace discrimination can be challenging, but it is possible when you take the time to work with your employment law attorney to identify the most compelling evidence in support of your claim. Let’s take a look at the steps that are typically involved in proving workplace discrimination, how to document workplace discrimination, and why seeking legal representation is the best way to improve your chances of recovering the legal remedies you deserve.
Understanding Workplace Discrimination in New York
First, it’s worth taking some time to define workplace discrimination so that you can recognize the various forms it can take. Essentially, legislation at the federal, state, and city levels offer several protections for employees who belong to various protected categories. At the federal level, the U.S. Equal Employment Opportunity Commission (EEOC) enforces laws that make it illegal to “discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including transgender status, sexual orientation, and pregnancy), national origin, age (40 or older under federal and State law, and any age under New York City law), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.” Additionally, the New York Human Rights Law offers similar protections to apply to employers with four or more employees (federal laws typically apply to employers with fifteen or more employees). If an employer has violated these laws, a worker has the right to report the complaint to their employer, file a charge of discrimination with the EEOC, the NYS Division of Human Rights or the New York City Human Rights Commission. In some cases, the employee may file a lawsuit against their employer. As you explore your legal rights and options, it’s worth discussing your specific concerns with an experienced and caring New York employment discrimination lawyer to identify the most strategic path forward.
Key Evidence That Can Help Prove Workplace Discrimination in New York
Collecting workplace discrimination evidence can be a complicated and challenging task. As you begin to work on your employment discrimination claim, your highly qualified and trusted attorney can help you identify compelling workplace harassment evidence that supports your case. Below are just a few examples of potential evidence that could be used to build a strong and successful workplace discrimination claim in New York.
Direct Evidence
Any emails, texts, or written statements that are discriminatory in nature can be collected to use as evidence in support of your claim. For example, if your employer sent you an email denying you a promotion because you are pregnant, this can be used as evidence. Additionally, if your employer, boss, or colleague made discriminatory verbal statements about your race, religion, or other protected class characteristics, be sure to document these so you can present them as evidence when the time comes. While direct evidence is ideal, many employers are more subtle in their discriminatory practices—so you will likely need to rely on other types of evidence to support your workplace discrimination claim.
Circumstantial Evidence
Some workplace discrimination claims can present more circumstantial forms of evidence that reveal patterns of unfair treatment against members of a protected class. For example, you can use statistical data to illustrate that the employer has a history of failing to hire or promote highly qualified candidates of a particular race. Working with your skilled and experienced employment discrimination attorney can help you determine how to approach the process of compiling and presenting these types of evidence.
Performance Evaluations and Disciplinary Records
Your attorney can help you gather any relevant performance evaluations or disciplinary records to highlight any inconsistencies in treatment over the years on the part of your employer. If your performance evaluations were consistently positive and you found yourself repeatedly denied promotions for which you were otherwise the most qualified candidate, you can present these as evidence of your employer’s discriminatory practices.
Witness Testimony
Gathering statements from co-workers who have seen or experienced similarly discriminatory treatment can be powerful pieces of evidence. For instance, you can use the testimony of other colleagues who may have witnessed direct acts of discrimination against you, or involve statements from another worker who endured similar instances of workplace harassment or discrimination.
Company Policies and Complaint Records
The first step in addressing acts of employment discrimination may be to report the events to the employer according to their set policies. For many companies, this involves the affected employee reporting the matter to the employer’s human resources (HR) department. Your attorney can help you investigate how HR handled your complaint (as well as how they handled other complaints) to show a pattern of dismissing valid concerns.
Learn More About Employee Rights in New York Today
Suffering from workplace discrimination is often a devastating and isolating experience. However, as overwhelmed as you may feel right now, it’s essential to recognize that you are not alone. Reach out to a highly qualified and trusted New York employment discrimination lawyer to understand your legal rights and options for reporting the discriminatory practices and recovering the legal remedies that may be available to you.
If you have been the target of employment discrimination in New York, the dedicated and highly qualified legal team at Levy Ratner is here to help you understand your rights and explore your legal options. Please call our office today at (212) 627-8100 to get started with an experienced workplace discrimination attorney.