You wake up every day, go to work, and meet expectations. Your contributions, not your identity, should guide decisions about raises and promotions. When they don’t, it may cross into illegal discrimination. This is because protected classes, like race, gender, and disability, are shielded from workplace discrimination.
Maybe you’re afraid to take action because you don’t know your rights, or you’re worried about retaliation. It’s important to know that the law also protects your right to file and build a case.
When you’re ready to take action after discrimination, reach out to Michelle Cimino. She’s a seasoned employment law attorney and advocate for employees struggling with unfair treatment in the workplace.
Protected Classes Defined
Protected classes provide a legal foundation for preventing discrimination, ensuring fairness, and compensating victims of discrimination.
Several governing bodies protect employees like you based on protected classes. The Equal Employment Opportunity Commission (EEOC) is an agency that provides a federal reporting mechanism. At the state level, the New York State Division of Human Rights (NYDHR) further expands on your rights.
At the federal level, protected classes include:
- Race
- Color
- Nationality
- Religion
- Sex (including pregnancy, childbirth, relevant medical conditions, sexual orientation, or transgender status)
- Age (applies to 40 and older)
- Disability
- Genetic information (such as requests for genetics and family medical history)
The EEOC also protects your right to request and access accommodations. And in New York State, there are even more protected classes, including:
- Creed (broader than religion, includes atheism)
- Sincerely held practice of religion (includes spiritual beliefs outside of organized religion)
- Status as a victim of domestic violence
- Arrest or conviction record (some limitations apply)
- Age (applies to 18 and older)
Determining whether your situation involves one of these protected classes is often the first step in pursuing a workplace discrimination claim.
The next question is: what actions by an employer actually count as discrimination?
Discriminatory Workplace Actions
What does workplace discrimination actually look like in practice? Technically, discrimination can occur in any aspect of employment, including hiring decisions, promotions, and terminations.
In New York, employment is generally at-will. This means that your employer can fire you at any time for almost any reason. The main caveat to this rule is that your boss can’t legally fire you for something that involves you being in a protected class. For example, they can’t fire you to avoid granting you pregnancy leave. This situation falls under wrongful termination.
Other ways that you might experience discrimination include being overlooked for promotions or receiving unequal compensation compared to coworkers with similar roles and comparable experience, performance, and qualifications.
Failing to make reasonable accommodation for disability, pregnancy, childbirth, or religious practice could all be discriminatory.
And if an employer takes any action that interferes with filing a charge or participating in an investigation, it could be challenged as retaliation.
Other lesser-known areas where discrimination could occur include job training, referrals, and task assignments.
After an employer discriminates against you, taking legal action helps rectify the impact of this unfair, illegal treatment. By filing claims with certain agencies, you could recover damages for the impact of workplace discrimination.
Achieving Justice for Protected Classes
After facing employment discrimination, the first step is to reach out to an employment attorney who understands the discrimination claims process and key deadlines. Michelle Cimino can assist you with filing a claim through the NYDHR, where timing is crucial. For incidents that happened after 2024, you have three years to file. For cases that took place before 2024, the deadline may be too late due to recent changes in the law.
In many cases, you should be able to opt in for the NYDHR to cross-file your case with the EEOC, which has a separate 300-day statute of limitations.
Next, collect key documentation. Types of evidence that could be helpful to your case include written records such as performance reviews, HR records, and witness statements. Save emails, messages, and all other details that could support your case.
You should be aware that your employer will eventually find out that you’ve filed a case. But legally, they cannot penalize you for initiating or participating in an investigation.
If your claim is successful, potential outcomes include:
- Reasonable accommodations
- Compensation for lost past wages
- Compensation for future lost wages
- Pain and suffering
This process is structured, but complicated. The upside is you don’t have to go through it on your own. Michelle Cimino is ready to advocate for you and help you build a strong case. Even if you’re unsure whether your situation counts as discrimination, she’ll provide professional guidance during your confidential consultation.
Book a Confidential Consultation
By law, protected classes give you a legal shield against workplace discrimination. If you think you’ve experienced discrimination, you don’t have to accept it. The EEOC and NYDHR are two avenues for seeking damages for workplace discrimination, compensating you for lost wages and pain and suffering.
Michelle Cimino is a leading discrimination attorney in Rochester. With over 20 years of experience representing victims of workplace discrimination, she knows how to position your case for success.
Ready to discuss your case? Schedule a confidential consultation today to determine whether you should move forward with legal action.
