While favoritism in the workplace can be relatively common, unfair treatment by an employer can cross the line and become illegal. The U.S. Equal Employment Opportunity Commission and other government agencies protect workers from unfair treatment by enforcing laws against discrimination, harassment, and retaliation.
The award-winning employment law attorneys with Joseph & Norinsberg can help you report your employer for unfair treatment and get the justice you deserve. Contact us online or call 212-227-5700 today for a free consultation.
How Can You Tell if You Are Being Treated Unfairly at Work?
Unfair treatment in the workplace can be illegal if it’s based on a protected characteristic such as race, sex, or disability status. For example, an employer giving preferential treatment to male workers at the expense of female employees would constitute discrimination. A supervisor making disparaging comments about a worker with a disability can constitute harassment and cause a hostile work environment.
Unfair treatment in response to reporting an employer for discrimination or harassment is considered retaliation, which is also illegal.
Under federal law, the harassment must be “severe or pervasive” to be illegal. However, under the New York State Human Rights Law, any instance of harassment is legally actionable. New York’s law also prohibits discrimination against employees based on their physical appearance and weight.
What Are Examples of Unfair Treatment at Work?
- Wrongful termination, such as firing a longtime worker over age 40 under false pretenses and replacing them with a younger, less-experienced employee
- Refusing to grant a reasonable request for disability accommodations or religious observance
- Making hiring decisions based on protected characteristics, such as refusing to hire LGBTQ+ candidates
- Paying some employees lower wages than others of different races for the same work
- Refusing to fully pay employees for the hours they’ve worked
How to Report an Employer for Unfair Treatment
Collect Evidence
Start taking thorough notes immediately after you experience an incident of unfair treatment. Besides your own records, gather written communications or other workplace documents related to your claims.
If co-workers were present during the unfair treatment or had similar experiences, you can ask them for witness testimony to corroborate your accounts.
Report Your Experiences to Human Resources
Taking your claims to HR before going outside the company will create a paper trail that can strengthen your case if your employer fails to resolve the issue.
Before taking this step, it’s important to consult with an employment law attorney to ensure you understand your rights. A lawyer can help you review your employer’s policies to determine if your experiences violate company rules, further strengthening your case.
File an EEOC Complaint
When an internal report doesn’t remedy your unfair treatment, it’s time to file a formal complaint with the EEOC. You’ll need to provide a description of the events and when they occurred, along with contact information for both you and your employer, including name, address, and phone number.
After you file your complaint, the EEOC will review it and begin an investigation if there’s no procedural reason to dismiss it. The time limit to file a complaint is 180 to 300 days after each incident of unfair treatment, so make sure to take action quickly.
Participate in an Investigation with an EEOC Representative
While the EEOC investigates your complaint, refrain from discussing your case online or in the workplace. The commission will likely interview you, your employer, and any witnesses involved while investigating.
The EEOC must complete its investigation within 180 days of when you filed your complaint. Once it’s done, you can either request a determination from the agency or seek an administrative hearing. The agency could pursue further action, such as suing the company on your behalf or attempting to negotiate a resolution. If the EEOC can’t determine if your workplace violated the law or it can’t facilitate a settlement, it will issue a Notice of Right to Sue. You must receive such a notice before filing a civil lawsuit.
Our attorneys can help you navigate the investigation process and weigh your options to achieve the best possible outcome.
File a State-Based Employment Claim
You also can file a claim with the New York State Division of Human Rights. State and federal agencies commonly have “work-sharing” agreements allowing you to file your claim with both agencies concurrently. This saves time and energy for everyone involved.
How to Know If You Have a Valid Claim for Unfair Treatment at Work
The EEOC enforces Title VII of the Civil Rights Act of 1964, which outlaws employment discrimination based on race, sex, religion, and other characteristics.
To file a successful complaint, you’ll have to show that you experienced harassment, discrimination, or retaliation in violation of Title VII or other federal laws, such as:
- The Americans with Disabilities Act of 1990, or ADA, which requires most employers to grant reasonable disability accommodations to employees and give equal consideration to applicants with disabilities
- The Age Discrimination in Employment Act of 1967, or ADEA, which protects workers who are 40 and older from negative employment actions based solely on their age
- The Family and Medical Leave Act of 1993, or FMLA, which mandates that most employees must receive at least 12 weeks of unpaid leave per year
An experienced employment lawyer can help you understand your rights under these laws, gather evidence of unfair treatment at work, and build a strong case.
Contact Joseph & Norinsberg For Your Employment Law Cases
Reporting an employer for unfair treatment can be intimidating, but our knowledgeable attorneys are ready to help you pursue justice and defend your rights. We have more than 75 years of collective experience fighting and winning for workers like you. Call us today at 212-227-5700 to schedule a free consultation.
