Employment Discrimination Lawyer

employment discrimination lawyer

Employment Law Overview

All people are protected from workplace discrimination and harassment based on race, color, religion, sex, gender, pregnancy, national origin, age, disability, and genetic information.

Although this is a protected civil right, discrimination is still alive and well in workplaces today. There were 67,448 reported charges of workplace discrimination in 2020 alone, according to the U.S. Equal Employment Opportunity Committee (EEOC). Yet, most incidents of workplace discrimination go unreported due to stigma and fear of retaliation. The actual number of workplace discriminations every year is likely far higher.

Workers need to know their civil rights in the workplace so that they can feel empowered to identify and call out these illegal practices. But it can be difficult to prove workplace discrimination. That’s why it’s so important to seek help from employment discrimination attorneys who are experienced in handling these types of cases.

If you were the victim of workplace discrimination, Our lawyers can help seek justice. Our attorneys can guide you through the legal process of filing an employment discrimination claim. Call us or fill out the form below for a free zero-obligation case review. Learn what your case could be worth today.

Protected Classes

Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate against groups of people who share certain characteristics or identities, also known as protected classes. Federally protected classes include:

  • Race
  • National Origin
  • Sex (including Pregnancy, Sexual Orientation, and Gender Identity)
  • Ancestry
  • Physical or Mental Disability
  • Marital Status
  • Age
  • Veteran Status

Common Examples of Workplace Discrimination

Workplace discrimination can occur in many ways. Some of the most common examples of workplace discrimination include: 

  • Refusal to hire or promote people who belong to a certain protected class.
  • Implementing policies that would only or disproportionately affect people belonging to a certain protected class.
  • Harassment or derogatory remarks about a person’s race, color, age, sex, and other characteristics. 
  • Failing to provide reasonable accommodations for a worker’s disability or religious needs.
  • Firing or demoting an employee solely based on a protected characteristic. 
  • Asking inappropriate questions about an employee’s medical history.
  • Retaliation after an employee files a complaint about workplace discrimination.
  • Denial of certain company facilities or benefits for people who belong to a certain protected class.
  • Inappropriate jokes or comments, unwelcome sexual advances, and other forms of sexual harassment.
 

If you believe you’ve experienced one of these examples of workplace discrimination, don’t hesitate to call 1-800-HURT-511 to see if you have a valid employment discrimination claim.

Types of Employment Disputes & Claims

The most common types of employment discrimination claims include the following categories: 

  • Age Discrimination: When employees and job applicants over the age of 40 are not hired, wrongfully terminated, harassed, or pressured to retire on the basis of their age.

     

  • Disability Discrimination: When workers with disabilities are not provided reasonable accommodations for a disability, face policies that disproportionately impact workers with disabilities, experience harassment or derogatory comments, and other discriminatory practices.

     

  • Gender Discrimination: When employees are treated differently due to their gender, such as not being hired, being paid less, being denied promotions, experiencing sexual harassment or derogatory comments about their gender identity, and other examples of discrimination.

     

  • LGBTQ Discrimination: When employees are denied employment, denied promotions, demoted, or experience harassment or offensive comments about their sexual orientation or gender identity.

     

  • Pregnancy Discrimination: When employers refuse to hire pregnant women during the hiring process, fire or demote women who are pregnant, or fail to offer reasonable accommodations for expecting or new mothers.

     

  • Race Discrimination: When employees are treated differently due to their race or skin color. This can include failure to hire or promote an employee based on their race, unfair penalization of an employee based on their race, or when employees experience unsafe workplaces or derogatory remarks based on their race.

     

  • Religious Discrimination: When employers unfavorably treat an employee based on their religion, such as failure to provide reasonable accommodations for religious needs or retaliating against an employee for taking off religious holidays. 
 

Did My Employer Discriminate Against Me?

In general, workplace discrimination takes place anytime an employer treats an employee unfairly based on race, religion, age, or other protected characteristics. If you think your employer has discriminated against you, immediately contact our employment discrimination attorneys by calling 1-800-HURT-511.

Statute of Limitations on Employment Claims

The deadline for when a lawsuit can be filed for employment claims, also known as the statute of limitations, varies depending on the employment dispute and the state where you live. In New York, under state law, employees have three years to file an employment discrimination claim from the date of the discrimination incident. In the state of Florida, employees have one year to file an employment discrimination claim under the Florida Civil Rights Act (FCRA).

How Do I File an Employment Discrimination Claim?

If you wish to file an employment discrimination claim, there are a few important steps you must take.

Gather Evidence: As soon as you suspect workplace discrimination has taken place, you should gather evidence. Take detailed notes about when it occurred, the parties involved, and what happened. Save any written communications, like email or text messages, that could provide evidence of discrimination. All of this evidence will be crucial if you choose to file a discrimination lawsuit. 

File a Complaint with the EEOC: The second step you must take is to file a complaint with the EEOC as soon as possible. You only have 180 days since the day of the incident to file your claim, so time is of the essence. You must complete this step before filing a discrimination lawsuit against your employer.

Contact an Attorney: Once you have completed these steps, you should contact an attorney with experience handling employment discrimination cases right away. Employment discrimination cases are notoriously difficult to prove. Having an attorney on your side to help bolster your case is crucial for maximizing your chances of obtaining a successful outcome. 

What Damages Can I Claim in an Employment Discrimination Lawsuit?

Every case is unique, and the type of compensation you may be able to recover will depend on the specific circumstances of your case. However, if you were the victim of employment discrimination, you may be able to recover the following compensation:

  • Economic Damages: Compensation awarded to make up for your financial losses due to workplace discrimination, such as lost wages, back pay, front pay, the value of lost job benefits, and more. 
  • Non-Economic Damages: Compensation awarded to compensate for losses that are non-financial, such as emotional anguish and pain and suffering as a result of workplace discrimination. 
  • Punitive Damages: Damages awarded in order to punish employers who engage in especially egregious discriminatory practices.

Contact an Attorney Today for Your Free Consultation

If you were unfairly discriminated against or harassed at your place of work, the attorneys of 1-800-HURT-511 are ready to defend you. 

1-800-HURT-511 has a proven track record of success defending employees’ civil rights in all five boroughs of New York, New Jersey and Florida. Call 1-800-HURT-511 for a free case evaluation today to learn what your case could be worth. 

FAQ

Can I Experience Discrimination if the Company Did Not Hire Me?

Yes, it is possible to experience discrimination during the hiring process. Job applicants have federally protected rights and it is illegal for an employer to discriminate against a job applicant on the basis of sex, race, age, religion, and other protected characteristics. If you believe you were discriminated against during the hiring process, you may have a valid employment discrimination claim. Call 1-800-HURT-511 for a free case evaluation today. 

Can My Employer Terminate Me For Filing An Employment Discrimination Claim?

No. Your right to file an employment discrimination claim is protected under federal law. It is illegal for an employer to retaliate against you for making a discrimination complaint by firing you. This is known as wrongful termination. If you were fired after filing a workplace discrimination complaint or lawsuit, you may be able to seek additional damages for wrongful termination. Call 1-800-HURT-511 to speak with a wrongful termination attorney. 

What Remedies Can I Receive If I File a Workplace Discrimination Claim?

You may be able to recover compensation including but not limited to back pay, front pay, reimbursement of lost workplace benefits, and more. Another potential remedy is injunctive relief, which would require your employer to correct their discriminatory practices by reworking their discrimination policies, firing the people responsible for the reported discriminatory practices, and more.

What is an Employment Discrimination Class Action?

An employment discrimination class action is a special type of lawsuit. It allows a group of employees who have suffered similar forms of discrimination from the same employer to combine their claims together into a single class action. 

 

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