Gender Discrimination Lawyers in NYC

Discrimination at work

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Under the federal Employment Discrimination Act known as Title VII of the Civil Rights Act 1964 (“Title VII”), an employer cannot discriminate a current employee or potential job candidate based on religion, gender, disability, national origin, skin color, and several other characteristics that specifically define the protected categories of people.

Thus, if an employer decides to hire, fire, or demote an employee based on one of these protected characteristics, the employee will likely bring an employment discrimination claim to court.

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In some cases, an employee or potential job candidate may even sue an employer who advertises hiring in a discriminatory manner. For example, an employer cannot indicate in a job description that he will only hire people of a particular race. If he does this, then his actions are the basis for a lawsuit. He/She can take help Discrimination Lawyers in NYC.

Statistics

You might think that federal laws like the Pay Equal Pay Act of 1963 or the Age Discrimination in Employment Act (ADEA) made workplace discrimination disappear overnight. However, discrimination still exists. Shadow hiring practices, unfair advertising structures, unequal pay are signs of discrimination.

Between 1997 and 2018, more than 710,500 complaints of discrimination based on skin color and race were filed with the EOC. Although the total number of cases declined slightly from 2002 to 2005, in 2006, there was a rise in allegations of discrimination based on skin color and race, which continued until 2010. The total number of claims of discrimination based on skin color and race is still higher than in any other category.

Complaints of discrimination based on gender (570,360), age (422,866), and national origin (198,689) also constituted the most significant number of discriminatory complaints filed with the EEA between 1997 and 2018.

Skin color discrimination

In 2019, researchers Anthony P. Carnevale, Jeff Strohl, Artem Gulish, Martin Van Der Werf, and Catherine Peltier Campbell published a study that shows how great the benefits of white Americans are in getting “good” jobs. (The study defines a good job as one that allows people to support a family. This yields an annual salary of $ 35,000 for workers ages 25 to 44 and $ 45,000 for workers ages 45 to 64.)

Commenting on the report, Marketwatch's Quentin Fottrell noted that white Americans with the same educational level as their colored peers disproportionately occupy good jobs and get higher wages.

Age discrimination

So-called ageism also plays a significant role in workplace discrimination in the United States. Congress banned discrimination against workers based on their age more than half a century ago. However, in practice, such discrimination takes place. AARP claims that 72 percent of women and 57 percent of men between the ages of 45 and 74 have experienced age discrimination.

Some employers offer employees favorable conditions for early retirement. Others, however, use unethical or even illegal tactics instead. These questionable practices include job or task reassignment, negative performance ratings, or failure to adapt the job or workplace to the older person's needs. These employers are essentially pressuring them to "voluntarily" quit their jobs.

Gender discrimination Attorney New York

Discrimination based on sex is also called “gender discrimination” or “discrimination based on sex”. It includes the unfavorable treatment of a person based on their gender. Gender discrimination also applies to persons with gender identity problems or transgender status. Gender discrimination laws prohibit hiring, firing, job assignment, promotion, fringe benefits, etc., based on the gender of the person. We can help you to fight for your rights as we are the experienced New York gender discrimination lawyer/ attorneys. That’s why our discrimination attorneys always treat our clients with complete confidentiality and empathy. We help our clients to understand all of their legal options and decide the best legal path for them.

Religious discrimination

Religious discrimination involves mistreating an employee or candidate based on their religious beliefs or affiliation. Anti-discrimination laws protect people who practice any religion and people who have sincere ethical or moral convictions without practicing any religion. Religious discrimination laws also prohibit mistreatment based on marriage to someone associated with religion and harassment in the workplace based on religious beliefs.

In addition, the law prohibits job segregation based on religion, preference, or affiliation. For example, when an employer illegally appoints an employee to a non-customer contact position because of his or her religious affiliation. Anti-discrimination laws also require employers to reasonably accommodate an employee's religious practices, as long as it does not impose a burden on the business operations. For example, an employer can circumvent an employee's need to be present at the workplace during a particular religious ceremony by allowing him to take regular breaks at a separate scheduled time.

Employers, however, are not obligated to change the way they do business or make allowances in a way that would create unnecessary hardship for the business. Employers are not required to make adaptations that:

too expensive for the company
compromise safety in the workplace
violate the rights of other workers
require other workers to do additional work or hazardous work
reduce the efficiency of work

An employer cannot force an employee to engage in religious activity or practice any religion as a condition of employment.

Combating discrimination in the workplace

If an employee is dealing with discrimination in the workplace, he must carefully document all cases of discrimination or harassment. This can be done by keeping a log and recording the date, time, and details of each discriminatory act and keeping copies of voice messages, emails, text messages, and any physical evidence proving discrimination. Such documents and a list of others who may have witnessed these actions may be important for the investigation.

An employee must immediately report discrimination in the workplace in writing to his employer, retaining a copy of the notice. This ensures that the employer would not be able to claim he was unaware of the situation.

You can always contact the American Equal Employment Opportunity Commission (EEOC). EEOC monitors compliance with anti-discrimination laws. It is the job of an experienced labor relations attorney to prepare all the necessary applications and represent your rights. Let us deal with discrimination in your workplace.