At Pryor Law, we fight for the rights of workers in New York who have been wronged by their employers to deliver them the justice and compensation they deserve. New York State has many laws and policies that protect worker’s rights. Employers are required to follow these regulations and are prohibited from discriminating against an employee or potential employee. These laws and regulations govern employer conduct when hiring, terminating, demoting, promoting, and evaluating an employee’s performance; additionally, employers must provide their employees with adequate and safe working conditions, including medical leave and a harassment-free work environment. If you or a loved one has been mistreated at work in New York, contact a harassment and discrimination attorney at Pryor Law to learn more about your rights. You may be entitled to significant compensation.
What do Labor and Employment Laws Protect?
Federal and New York State labor and employment laws protect workers from the following:
- Wrongful termination
- Retaliation for engaging in protected activity
- Workplace discrimination
- Sexual harassment
- Hostile Workplace Environment
- Unfair labor practices
- Discrimination against workers with Disabilities under the Americans with Disabilities Act
Workplace Discrimination
New York State and Federal laws offer employees protection to minimize employer discrimination in the workplace. These laws prohibit employers from treating their employees differently on the basis of age, sex, gender, race, or religion.
Race, Religion and National Origin Discrimination
Title VI and Title VII of the Civil Rights Act of 1964 prohibit employers from segregating, terminating, refusing to hire, or determining an employee’s compensation, benefits, and working conditions based on race or national origin. Moreover, employers are prohibited from limiting a worker from future employment opportunities based on race or national origin, or exhibiting a preference for a particular race or national origin.
Title VII of the Civil Rights Act of 1964 also applies to discrimination based on religion or religious beliefs. Employers and employees are prohibited from discriminating or harassing other workers based on their religious affiliation, perception, or association. It is also important to note that employers must accommodate an employee’s religious practices, except in certain specific instances.
These laws not only protect employees’ rights in relation to job opportunities and benefits, but employees are also protected from encountering hostile work environments, including abusive language, insults, slurs, and other derogatory gestures from both employers and fellow employees.
Gender and Pregnancy Discrimination
According to the Equal Pay Act of 1963, employers are forbidden from discriminating against an employee based on gender identification, especially when determining his or her salary. Additionally, it is illegal for employers to consider the employee’s gender when determining the following:
- Hiring and terminating
- Promoting or demoting
- Restricting employees from additional training opportunities
- Determining employee benefits or job titles
For example, if a female employee is paid less than her male co-worker with the same responsibilities, a workplace discrimination claim can be made. A claim can also be made if a female employee is denied maternity leave, despite providing other workers with long-term disability plans.
Disability Discrimination
New York State and Federal Law establish that employers are prohibited from discriminating against employees based on a disability. The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 states that employers may not deny employees any benefits or services provided to other employees. Employers must also discuss additional accommodations with employees with disabilities and offer programs and services to meet their needs. Additionally, employers must provide potential employees with disabilities the same employment opportunities as other employees, including providing equal job opportunities- unless an employee’s (or potential employee’s) disability hinders their ability to carry out the position’s tasks adequately.
Age Discrimination
United States’ age discrimination laws only apply to workers over the age of 40. The Age Discrimination in Employment Act of 1967 mandates that employers are forbidden from terminating or refusing to hire an employee based on their age if he or she is over 40 years old. Also, employers may not offer employment terms or compensation packages to employees based on age, nor can they limit employment opportunities for workers over 40.
In addition to the discriminatory acts mentioned above, employers are also prohibited from discriminating against employees, or potential employees, based on sexual orientation or parental status.
What constitutes a hostile work environment?
Hostile work environments can have serious effects on an employee’s mental health; however, they are still prevalent today, so much so that nearly one in five workers experience a hostile work environment at some point in their career. When an employee experiences discrimination or harassment by their employer or co-worker, they may have a viable hostile work environment claim. However, in many cases, actions by employers are not considered hostile even if they are unpleasant. For example, abusive language directed at an employee may not constitute a hostile work environment unless it is considered discriminatory or sexual harassment.
Workplace Harassment
When a worker is threatened, assaulted, or encounters offensive or abusive discriminatory language by employers or co-workers, it may be considered workplace harassment and, therefore, a hostile work environment. Some common forms of workplace harassment include:
- Use of abusive language or slurs towards an employee or co-worker based on their religion or origin
- Degrading remarks or slurs regarding an employee’s disability
- Comments or slurs about an employee’s race or ethnicity
Sexual Harassment
Sexual harassment in the workplace takes several forms and occurs regardless of the victim’s gender or sexual orientation. When employers or co-workers make unwanted sexual advances and/or demand sexual favors, it is sexual harassment. Some examples include:
- Unwanted sexual advances, including groping or unwanted touching
- Demands for sexual favors, including quid pro quo propositions
- Sexual assault
- Abusive and sexist language and behavior
Wrongful Termination
When an employee is fired for an improper or illegal reason, it is considered wrongful termination. This is not limited to just discrimination; employers are barred from terminating an employee in the act of retaliating against or firing an employee for exercising their rights to a protected activity or complaining about discrimination or harassment.
Employer Retaliation and Whistleblower Protection
New York State and Federal labor laws prohibit employers from retaliating against a worker. This includes whistleblower employees and workers who file a complaint with human resources, opening a file with the Equal Employment Opportunities Commission or initiating a lawsuit based upon harassment, discrimination, or failure to provide mandated benefits such as worker’s compensation or time-and-a-half compensation. Click here for more information on wage and hours claims.
Employees who choose to unionize are also protected under New York and Federal employer retaliation laws. Employers are forbidden from terminating or demoting an employee should they decide to unionize or participate in union-sponsored events. On the flip side, workers who choose not to unionize are also protected from retaliation from the union.
Employers in the United States are required to provide their workers with a safe work environment, free of hostility and discrimination. If you or a loved one has experienced discrimination, wrongful termination, or sexual harassment in the workplace, it is crucial that you contact an experienced employment attorney to discuss your rights. You may be entitled to significant compensation.
Our employment attorneys at Pryor Law work closely with our clients to ensure their legal rights are protected. Call us at (718) 829-0222 or fill out our contact form for a free, no-obligation consultation to discuss your harassment and discrimination matter and see how much your claim is worth. We are located in the Bronx, New York, and our experienced trial attorneys are ready to fight for you.
FAQs
What if I can’t afford an attorney?
You can. Our attorneys at Pryor Law operate on contingency, meaning we do not get paid unless we get you the justice and compensation you deserve.
What types of damages are awarded to victims of a hostile work environment?
New York State and Federal law offer several types of compensation to victims of a hostile work environment. Typical damages include:
– Lost wages and benefits
– Medical expenses
– Emotional distress
– Lost earning capacity
—
Pryor Law
292 City Island Ave., Bronx, NY 10464
Phone: 718-829-0222 | Email: info@pryorlaw.com
English
Spanish
French
Haitian Creole