212.627.8100Employees rightly expect to be treated fairly at work. As long as they fulfill their job responsibilities, they should be compensated, promoted, and respected accordingly. Unfortunately, the reality is that discriminatory treatment in the workplace still occurs, which can cause significant stress, anxiety, and disillusionment for those targeted by employment discrimination. Several laws against discriminatory or retaliatory treatment in the workplace provide legal avenues for victims of employment discrimination to seek compensation or other remedies. Many forms of discriminatory treatment in the workplace, such as racial discrimination or sexual harassment, clearly violate federal and state laws, while other instances of an employee being treated unfairly do not violate these laws and, although unjust or even immoral, may not entitle the victim to take legal action against or recover compensation from their employer. If you have reason to believe that you have been subjected to discriminatory treatment in the workplace, you have the right to seek the guidance of a highly qualified and trusted New York employment discrimination attorney who can assess the details of your case and identify the most strategic path forward. This post will explore some examples of being subjected to discrimination at work, when these incidents may be actionable, and the steps you can take to maximize your chances of securing a fair and equitable outcome.
Signs of Discriminatory Treatment at Work
There are a few laws at the federal, state, and city levels prohibiting employment discrimination in New York. For instance, the New York State Human Rights Law prevents employers from refusing to hire or employ someone because of their “age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of of domestic violence.” Moreover, this law makes it illegal for “an employer to discharge, expel, or otherwise discriminate against a person for opposing discriminatory practices, filing a complaint, testifying, or assisting in any proceeding related to enforcement of the State Human Rights Law.” In other words, employers cannot use an employee or prospective job candidate’s alignment with a protected class to discriminate against them (i.e., denying them a well-earned promotion, failing to hire them if they are otherwise qualified, perpetuating a hostile work environment, retaliating against them for filing a discrimination complaint, etc.). Discriminatory treatment at work can take many forms, some of which are easier to identify than others. Generally speaking, these practices can be classified as either illegal harassment or discrimination based on a protected characteristic. Below are just a few examples of discriminatory treatment in the workplace.
Your Employer Denies You a Well-Deserved Promotion
If your employer denies you a promotion that you are otherwise beyond qualified for, this may be an instance of discriminatory treatment. However, your employer will likely try to explain away their reasoning for why you did not receive the promotion and deny that this decision is motivated by any type of discrimination. Working with a skilled and knowledgeable employment discrimination lawyer is the best way for you to determine whether you are entitled to file a discrimination claim against your employer to recover the compensation and legal remedies you deserve.
Firing an Employee For Reasons Other Than Performance or Conduct
Although employers can terminate your employment for valid reasons, such as poor performance or inappropriate conduct, they cannot fire you because of your race, ethnicity, sex, or other protected characteristic. For instance, if you recently disclosed to your employer that you are pregnant, the employer cannot fire you because they view you as a liability or hassle. However, your employer may try to justify their decision to fire you by claiming that your poor job performance motivated their decision in order to hide the true nature of their decision. With a dedicated employment law attorney by your side, you can trust that your legal rights and best interests will remain protected and upheld at every opportunity.
Creating a Hostile Work Environment
Employers have the responsibility to maintain a safe work environment for their employees. If you are subjected to racist jokes at work or sexual comments made by a coworker or superior, you likely feel uneasy or even unsafe on the job. In some cases, you may continue to endure harassment even after you report your concerns to your boss or to the Human Resources department, which can be all the more discouraging. If you have reason to believe that your employer tolerates or even encourages a hostile work environment, you should explore your legal rights and options with a knowledgeable and experienced employment discrimination lawyer to identify the most appropriate course of action.
When Getting Treated Unfairly at Work is Not Against the Law
While it’s important to recognize the signs of employment discrimination, it’s also worth noting that some forms of unfair treatment in the workplace are not against the law—even if they seem immoral or unjust. There are no laws requiring that companies or bosses must treat workers “fairly.” Instead, workplace discrimination laws are designed to prohibit employment practices that are discriminatory or retaliatory in nature. For instance, if you are the most qualified candidate for an upcoming promotion but your employer gives the position to their best friend, this may not violate any employment discrimination laws (even though it’s frustrating). Bosses may also play favorites and take their “preferred” employee to lunch or offer effusive praise to them, which, while irritating, does not violate any laws. If you need help identifying whether you have been subjected to legally actionable employment discrimination or harassment, it’s worth seeking the counsel of a highly experienced and caring New York workplace discrimination attorney for more personalized guidance.
Steps to Take if You Need Help With Discriminatory Treatment at Work
Even if you are not certain that you have been subjected to employment discrimination, it’s worth taking a few steps to protect yourself and lay the foundation for a strong legal claim should you decide to move forward with a complaint. First, try to document these instances as much as possible. You can save any emails, text messages, or performance reviews that can point to potential harassment or discrimination on the part of your employer. You can also report your concerns to your Human Resources department or your supervisor to show that you are taking steps to address these concerning instances of potential harassment or discrimination. Additionally, contacting a highly skilled and understanding employment discrimination lawyer can give you the support and guidance you need to make informed decisions with greater clarity and confidence.
At Levy Ratner, we’re proud to bring the knowledge and strategic thinking that comes with decades of employment law experience to every case we take on. If you are struggling with discriminatory treatment at work, please call our New York office at (212) 627-8100 to get started with a dedicated and caring employment discrimination attorney.