Employment Discrimination Lawyer in Rochester, NY
Experienced Rochester Employment Law Attorney Helping Victims of Employment Discrimination
You are, by all accounts, an excellent employee. You show up to work on time, and you excel at your job. However, you’ve noticed that your employer does not treat you fairly.
Maybe you are dealing with harassment, or you don’t get as many raises as less-qualified employees do.
You might have trouble moving up in your workplace even though you have the qualifications, or maybe you have also been fired for no good reason.
If this sounds like you, you could be a victim of employment discrimination. Michelle Cimino of The Cimino Law Firm has more than 20 years of experience in employment law, and she will fight on your behalf. Call The Cimino Law Firm for a free consultation today.
What Types of Employment Discrimination Exist?
New York and the federal government have put laws in place to protect people against employment discrimination. Unfortunately, employers do not always adhere to the rules. Many employers break the laws and discriminate against their employees. This occurs when they discriminate against a protected class. Some of the most common forms of discrimination include:
- Race discrimination
- Age discrimination
- Religious discrimination
- LGBT discrimination
- Disability discrimination
- National origin discrimination
- Gender discrimination
What is Race Discrimination?
The New York Human Rights Law and Title VII of the Civil Rights Act of 1964 strictly prohibit race discrimination. Employees cannot be treated differently based on race. They also cannot be fired or lose out on employment opportunities based on their race. If you have suffered this type of employment discrimination, seek legal help.
What is Age Discrimination?
The New York Human Rights Law and the federal Age Discrimination Act prohibited age discrimination. It is illegal to discriminate against any workers over the age of 40. That includes refusing to hire someone based on his or her age or failing to provide the same opportunities and wages.
What is Religious Discrimination?
Religious discrimination is deemed illegal in Title VII of the Civil Rights Act and the New York Human Rights Law. Examples of religious discrimination include refusing to recruit or hire people of a particular religion or making it more difficult for people of specific faiths to advance at work.
What is LGBT Discrimination?
New York is ahead of the federal government regarding LGBT discrimination. While there are no federal protections in place, New Yorkers are not allowed to discriminate against LGBT employees. That includes placing unreasonable demands on men and women who are transitioning or allowing verbal harassment of LGBT employees.
What is Disability Discrimination?
Sadly, many disabled Americans faced discrimination in the workplace. Fortunately, the New York Human Rights Law and the Americans with Disabilities Act give these men and women legal recourse when they suffer from discrimination. For example, some employers fire people after they miss work for a disability-related reason. This is against the law.
What is National Origin Discrimination?
Employers are also held accountable if they discriminate against people due to their national origin. The New York Human Rights Law and the Civil Rights Act make this a crime. Employees who receive unfavorable treatment due to their national origin can bring suit against the employer.
What is Gender Discrimination?
The New York Human Rights Law, the Equal Pay Act, and the Civil Rights Act make it clear that it is illegal to discriminate against someone because of his or her gender. For example, an employer cannot pay a woman less than a man if they both have the same skills, education, experience, and job title. An employer also cannot refuse to hire someone because she is pregnant or to fire her for taking medical leave due to pregnancy.
Is Discrimination Limited to Illegal Hiring and Firing Practices?
Most people view employment discrimination as firing or failing to hire someone based on a protected status. Those are both examples of employment discrimination, but the law includes other forms of prejudice as well. If you have been a victim of any workplace discrimination, seek legal help immediately.
What is a Hostile Work Environment?
A hostile work environment can be a form of discrimination. For instance, if an employee calls someone a racial slur, and the employer fails to intervene, this is discrimination. The employer has allowed a hostile work environment to take over. It is nearly impossible for that employee to work at that location because of the hostility.
Are English-only Policies Employment Discrimination?
Some companies instill English-only policies that are unnecessary and discriminatory. While it is understandable for an employer to require employees to speak English when interacting with customers, refusing to allow employees to converse in their native tongues is unreasonable and discriminatory. Those who have dealt with this problem can file a claim against their employers.
Are Dress Codes Employment Discrimination?
Dress codes can also be a form of employment discrimination. Employers are expected to make reasonable accommodations for employees based on their sincerely held religious beliefs. That includes allowing employees to wear religious garb at work. Failure to do so is a form of discrimination.
Is Separating Employees Discrimination?
Some employers group employees based on race, national origin, age, or religious practices. This is a form of discrimination. Employees should not be segregated based on a protected status. Not only is this discrimination, but it can be dangerous. It creates an “us versus them” mentality and could create a hostile work environment.
What Are Illegal Recruitment Practices?
Some employees discriminate in their recruitment practices. They create ads geared toward a specific race, gender, age, or religious status. For instance, an employer might create an ad for people aged 40 and under. This is yet another example of employment discrimination.
Is Unequal Pay Employment Discrimination?
The gender pay gap is a serious problem in New York and the rest of the country. Women earned just 85 percent of what their male counterparts made in 2018. That means women would have to spend an extra 39 days at work to bring home the same annual pay.
New York has worked to close the pay gap. In the past, New York women were required to earn the same pay for equal work. Now, the language has been changed to “substantially similar work.” When an employer still chooses to pay a woman less, he or she has discriminated against the employee. The victim might be eligible for back pay and other damages.
Protecting Yourself Against Discrimination
If you have been a victim of employment discrimination, consider filing a claim with your employer. Your company should list the protocol for filing a claim in the manual or handbook. If your employer refuses to correct the problem, it’s time to talk to a lawyer.
Schedule a free phone consultation with The Cimino Law Firm. During the meeting, you will go over the evidence you have to support your claim. Don’t worry if you don’t have a lot of evidence yet. Your lawyer should be able to tell you if you have a cause for a claim.
If you do, you can take the next step and visit the office in Webster or Rochester. Bring your evidence with you during your visit. Then The Cimino Law Firm will begin investigating your case. This might include interviewing other people at your place of business and requesting work-related documents.
Then your lawyer can file a claim against your company. Depending on the demand, you might be able to collect economic and noneconomic damages.
Those who abuse the law should be held accountable. It doesn’t matter if your employer is a small company or a huge corporation. He or she does not have the right to discriminate against you. Contact us today to schedule your free phone consultation to go over your employment discrimination claim.
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