RECOVERED
- Employment discrimination involves unfavorable treatment in the workplace based on legally protected characteristics, including race, sex, disability status, religion, and more.
- Bias in hiring, promotions, and other employment decisions is a common type of workplace discrimination, but it can take other forms as well.
- New York City workers benefit from some of the nation’s strongest anti-discrimination protections, with state and local laws adding categories like sexual orientation and weight.
- The trusted NYC discrimination lawyers at Joseph & Norinsberg have over 100 years of combined experience defending workers and a reputation for strong results, winning millions of dollars for employment discrimination clients.
Why Choose Joseph & Norinsberg As Your NYC Discrimination Lawyers?
The Joseph & Norinsberg team has more than a century of combined experience fighting to protect New York City workers from abuse and exploitation. We’re committed to representing the underdog, fighting injustice, and helping workers hold their employers accountable for violating their rights.
Employment discrimination cases can be complex and stressful. Representation by an experienced employment discrimination attorney gives you the best chance of a successful outcome. We’ve built a strong reputation for meticulous trial preparation and a relentless work ethic without sacrificing the individualized support and care that workers like you deserve.
Our Results in Workplace Discrimination Cases
Our NYC discrimination lawyers have extensive knowledge of employment law and a track record of getting results for our clients in complex cases.
Our notable settlements and verdicts in workplace discrimination cases include:
- $3 Million: The plaintiff was a hedge fund executive who was terminated due to disability discrimination. We were able to substantially increase his severance offer due to the threat of arbitration.
- $1.425 Million: Our client faced repeated racial discrimination and mocking in the workplace. He was ostracized by management, suffered a significant drop in earnings, and was denied an extension of his work visa—all while being restricted by a non-compete agreement.
- $1.35 Million: We represented 12 individuals who faced workplace race- and gender-based discrimination and retaliation.
What is Employment Discrimination?
Employment discrimination is disparate, unfair treatment of employees or job applicants based on certain protected characteristics, such as race, sex, religion, or disability status. Workplace discrimination can happen at any stage of employment, from hiring to termination, and can take a variety of forms.
Discrimination in the workplace is rarely overt and obvious. It is often more subtle, involving a series of “microaggressions” or a pattern of conduct. For instance, you might need to compare your treatment iver time to that of your co-workers to establish bias.
What Types of Employment Discrimination Do We Handle in NYC?
Our NYC attorneys handle all types of employment discrimination, including:
Race and Color Discrimination
Employers cannot legally discriminate against workers based on race, color, ethnicity, or perceived racial traits.
Age Discrimination
On the federal level, it is illegal to factor a worker’s age into employment decisions if they are 40 or older. New York’s age-based discrimination laws also protect younger adults.
Disability Discrimination
Employers cannot refuse to hire workers with disabilities that don’t interfere with their ability to fulfill their job responsibilities. Companies are also required to grant reasonable accommodation requests for disabled employees.
Pregnancy Discrimination
It is illegal to discriminate against workers based on their pregnancy status, including any related medical conditions. Employers must treat a pregnancy like a disability, providing reasonable accommodations and granting temporary leave when necessary.
Religious Discrimination
Employers cannot discriminate against workers based on their religious beliefs, affiliations, or practices. Companies are also required to provide reasonable accommodations for religious observance, including dress code exceptions and allowing for scheduling changes.
Sex, Gender, and Sexual Orientation Discrimination
It is illegal to treat workers differently on the basis of sex. While sexual orientation and gender identity are implicitly covered by federal law, New York laws also include clear and specific protections for LGBTQ+ workers.
National Origin and Citizenship Discrimination
Workplace discrimination based on an employee’s national origin is illegal under state and federal law. In most circumstances, employers also cannot make employment decisions based on a worker’s citizenship status.
What Are the Most Common Examples of Workplace Discrimination?
Workplace discrimination takes many forms, from bias in employment decisions to wrongful treatment by colleagues. Common examples of discrimination in the workplace include the following:
- Biased employment practices: A company might favor or disfavor job applicants based on protected characteristics, or consistently promote candidates from certain demographics over others.
- Unequal discipline: Singling out employees for behavior that is otherwise common and accepted in the workplace may constitute discrimination.
- Retaliation: It is illegal for an employer to punish a worker for reporting discriminatory conduct or practices.
- Harassment: Employers must prevent and address harassment and other offensive behavior that could create a hostile work environment.
- Exclusion: Repeatedly excluding certain employees from workplace events, outings, or other opportunities may constitute discrimination.
- Wrongful termination: It is illegal to target employees for termination or layoffs based on protected characteristics.
What Laws Protect Employees from Workplace Discrimination?
New York City workers enjoy some of the nation’s strongest workplace discrimination protections, benefiting from federal, state, and local laws. Federal law under Title VII of the Civil Rights Act of 1964 protects all U.S. workers, prohibiting discrimination based on race, religion, sex, and disability.
The New York State Human Rights Law, or NYSHRL, and the New York City Human Rights Law, or NYCHRL, go even further, protecting workers from discrimination based on sexual orientation, gender identity, and weight. They also make it easier for victims to succeed in workplace harassment claims.
How to File an Employment Discrimination Claim
NYC workers have several options for pursuing an employment discrimination claim. You can start by taking your case directly to your employer’s human resources department and making an internal complaint.
If HR doesn’t solve the issue, or you’re concerned about retaliation, you can file a formal complaint with a government agency. The U.S. Equal Employment Opportunity Commission handles complaints regarding federal law, while the New York State Division of Human Rights and New York City Commission on Human Rights handle state and local violations, respectively.
You can also pursue a civil lawsuit against your employer for discrimination. You’ll need to go through the EEOC complaint process and receive a “right to sue” letter before pursuing federal claims, but you can file a lawsuit directly in New York courts for state-based claims.
What Compensation Can You Recover in an Employment Discrimination Case?
You may be entitled to a variety of remedies and damages for employment discrimination, such as the following:
- Back pay for lost wages
- Reinstatement to your previous position
- “Front pay” for lost wages and benefits, if you cannot be reinstated
- Damages for emotional distress caused by the situation
- Attorney’s fees, covering your legal costs and allowing you to keep more of your damages
- Punitive damages, in rare and very serious cases
Frequently Asked Questions
Can My Employer Retaliate Against Me for Filing a Workplace Discrimination Complaint?
Do I Have to Quit My Job Before Filing a Discrimination Claim in New York?
What if I Don’t Have Direct Proof That My Employer Discriminated Against Me?
How Long Does a Workplace Discrimination Case Take to Resolve In NYC?
Contact Joseph & Norinsberg For Your NYC Employment Discrimination Cases
If you’ve been discriminated against in the workplace, don’t suffer in silence another day. Our trusted NYC discrimination lawyers are ready to fight relentlessly to get the justice you deserve.
Contact us online or call 212-227-5700 today for a free consultation.
Jon Norinsberg is one of New York City’s leading civil rights and trial attorneys, with decades of experience litigating high-stakes constitutional and employment disputes. Jon is known as a fearless, battle-tested trial lawyer who takes on powerful corporations, government entities, and public institutions in cases involving civil rights violations, police misconduct, discrimination, retaliation, and wrongful conduct.
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Secured compensation for several years of lost wages, and emotional distress, and compensation for the physical assault.
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