recovered for our employment law cases
- Unequal treatment at work based on sex, race, disability status, and other protected characteristics is illegal under federal, state, and New York City laws.
- Local laws also protect Manhattan workers from discrimination based on sexual orientation, gender identity, and physical characteristics like weight.
- A successful workplace discrimination claim must show that the victim’s protected characteristics were the primary factor in their unequal treatment.
- The trusted Manhattan workplace discrimination attorneys at Joseph & Norinsberg will fight relentlessly to get you the justice you deserve.
If you’re facing discrimination at work in Manhattan, you don’t need to suffer in silence. Unfair treatment in the workplace based on race, sex, religion, and other traits is illegal, opening your employer to a potential liability for discrimination.
The experienced Manhattan workplace discrimination lawyers at Joseph & Norinsberg can help you build a strong claim and hold your employer accountable for what you’ve endured. To schedule a free consultation and get started, call us today at 212-227-5700.
How Is Workplace Discrimination Defined Under New York Law?
Federal, state, and city laws prohibit workplace discrimination, defined as unequal or negative treatment of employees or job applicants based on protected characteristics. Being fired because of your national origin is clearly workplace discrimination. However, subtler actions, such as pay discrepancies or reduced hours, can also qualify.
Race, religion, sex, disability status, and pregnancy status are among the categories of discrimination covered by federal law. New York’s state and city human rights laws take things a step further, explicitly enshrining protections for sexual orientation, gender identity, and weight as well. Local laws are also broader in scope, affecting a greater range of employers in Manhattan and requiring a lower burden of proof in some circumstances.
Types of Workplace Discrimination Cases We Handle in Manhattan
Our Manhattan workplace discrimination lawyers handle a wide range of cases. Examples of types of workplace discrimination include the following:
Race and National Origin Discrimination
If a company shows a pattern of systemic bias in hiring based on candidates’ races or national origins, a rejected applicant may have a claim for workplace discrimination. Similarly, unequal treatment in promotional decisions can also be considered racial discrimination, such as a scenario where a minority worker gets passed over for a promotion in favor of a less-qualified candidate.
Religious Discrimination
Workers’ religious beliefs are also protected from discriminatory practices. In addition, employers are legally required to reasonably accommodate their employees’ religious observances and practices.
Gender Discrimination
Under state and federal law, gender-based discrimination can take many forms, including pay disparities, unlawful termination, passing over a worker for promotion, unfair hiring practices, or exclusionary policies. In addition, sexual harassment is considered gender discrimination.
Sexual Orientation and Gender Identity Discrimination
New York state and city laws explicitly ban workplace discrimination based on sexual orientation and gender identity. The U.S. Supreme Court has also found that Title VII’s protections against sex-based discrimination apply to LGBTQ workers, though the text of the law does not specifically mention them.
Pregnancy Discrimination
Refusing to hire candidates based on pregnancy or a desire to have children is considered illegal discrimination under federal law, as is firing or mistreating current employees for being pregnant. Employers must grant reasonable medical accommodations for pregnant employees.
Age Discrimination
In Manhattan, making employment decisions based on any adult worker’s age is illegal. Federal law also protects against age discrimination, but only for workers 40 and over.
Disability Discrimination
With some exceptions for when a worker’s disability would interfere with the essential functions of a job, employers cannot factor health conditions into hiring decisions. They also must provide any reasonable disability accommodations workers request, as long as they are not prohibitively expensive or disruptive.
Weight Discrimination
The New York City Human Rights Law prohibits workplace discrimination based on an employee’s physical appearance, including their weight.
Retaliation and Hostile Work Environment
Hostile work environments can also constitute discrimination when employees experience harassment or unwelcome behavior based on protected characteristics, such as rude comments, offensive jokes, or similar conduct.
Some workers may also face retaliation for expressing discomfort with harassment or reporting potential workplace discrimination, even though it is illegal. If you’re fired, threatened with termination, demoted, or transferred to an unfavorable position after speaking up, talk with a Manhattan workplace discrimination lawyer as soon as possible.
How Do I Know if I Have a Valid Workplace Discrimination Claim?
Being treated unfairly compared to your co-workers is not, in itself, illegal discrimination. To have a valid workplace discrimination claim, you must be able to show that your mistreatment is primarily based on a protected characteristic.
While discriminatory intent can be difficult to prove, a knowledgeable Manhattan workplace discrimination lawyer can help you gather evidence and build a strong claim. Consulting with a trusted attorney can help you determine whether you have a valid case and what your next steps may be.
What Types of Compensation Are Available in a Manhattan Workplace Discrimination Case?
Depending on how the discriminatory behavior impacted your job and your life, you may be entitled to a variety of damages and remedies, including:
- Reinstatement to your previous position
- Back pay for lost income and benefits
- Front pay for lost opportunities and future income if you’re unable to return to your employer
- Emotional distress damages
- Attorney fees and legal costs
- Punitive damages, in cases involving intentional misconduct or severe negligence
If you’re suing under federal law, the amount of compensatory damages you can recover for emotional distress is limited based on the number of employees your employer has. If you’re pursuing a claim under New York State law, however, there is no cap on emotional distress damages.
Our Successful Workplace Discrimination Settlements
- $3 Million: Our client 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 workplace mockery. 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 facing discrimination and retaliation based on race and gender in the workplace.
- $550,000: We represented a client who was subjected to discrimination based on sexual orientation and marital status.
How a Manhattan Workplace Discrimination Lawyer Can Support Your Case
With more than 75 years of combined experience protecting workers’ rights in New York City, the trusted legal team at Joseph & Norinsberg has a thorough understanding of workplace discrimination laws. Our skilled Manhattan workplace discrimination lawyers have the relentless work ethic, deep legal knowledge, and seasoned trial skills to guide your claim through every step of the legal process.
We’re passionate about representing the underdog. When you work with our team, you’ll benefit from attentive, compassionate legal advocacy as we meticulously prepare your case. You deserve justice, and we’ll fight tenaciously until you get it.
What Our Workplace Discrimination Clients Are Saying
Our Manhattan employment discrimination attorneys fight relentlessly to get justice for our clients. Here are some of the testimonials we’ve received from workplace discrimination victims we’ve helped:
Frequently Asked Questions
What protections do Manhattan workers have under the NYC Human Rights Law that federal law doesn't provide?
The NYC Human Rights Law is one of the strongest anti-discrimination laws in the country and goes well beyond federal protections. It recognizes additional protected categories like caregiver status, credit history, and height/weight, applies a lower burden of proof requiring only conduct above “petty slights and trivial inconveniences,” and covers employers with as few as four workers. Pursuing claims under city law in addition to state and federal law can significantly strengthen your case.
What protections do Manhattan workers have under the NYC Human Rights Law that federal law doesn't provide?
You may have experienced pregnancy discrimination if your employer has done, enabled, or refused to address any of the following:
- Inappropriate or harassing comments about pregnancy, such as, “This is what happens when you decide to have babies.”
- Asking a job applicant whether she plans to have children
- Failing to provide flexible training options for pregnant employees or those who have recently returned from maternity leave
- Failing to provide proper compensation to an employee on maternity leave
- Failing to properly communicate with an employee on maternity leave
- Penalizing an employee for pregnancy-related sickness
- Unjustifiably refusing to allow an employee to return on a part-time basis following maternity leave
- Terminating an employee because they are pregnant
Can I sue my supervisor personally for workplace discrimination?
- Policies treating pregnant employees less favorably than others
- Neutral policies disproportionately impacting pregnant workers
- Emails or voice messages indicating pregnancy bias or harassment
- An adverse action shortly after the decision-maker learns of your pregnancy
- Witness testimony corroborating pregnancy discrimination
What legally counts as a "hostile work environment" in Manhattan?
Although you are under no legal obligation to report your pregnancy during an interview, you may wish to consider the personal consequences of hiding a pregnancy. Failing to report such a significant detail may appear dishonest if you get hired and accept the job.
Can I file a workplace discrimination claim if I was discriminated against during the hiring process?
A pregnant employee covered by FMLA is entitled to 12 weeks of pregnancy-related leave. If the ADA also covers the employee, she may be entitled to an extended leave of absence due to a pregnancy-related disability.
Can I sue my supervisor personally for workplace discrimination?
- Under federal law (Title VII), individual supervisors generally cannot be held personally liable; only the employer can be sued. However, the New York State Human Rights Law and the NYC Human Rights Law both allow individual liability against supervisors and coworkers who directly participated in or aided and abetted the discriminatory conduct. Naming individuals as defendants can sometimes strengthen settlement leverage and accountability.
What legally counts as a "hostile work environment" in Manhattan?
A hostile work environment exists when unwelcome conduct based on a protected characteristic, such as race, sex, religion, or disability, interferes with your ability to do your job or creates an intimidating or abusive workplace. Federal law generally requires the conduct to be “severe or pervasive,” but New York State and NYC laws set a lower bar, requiring only conduct that rises above “petty slights and trivial inconveniences.” A single egregious incident can sometimes qualify, but most claims involve patterns of repeated behavior.
Can I file a workplace discrimination claim if I was discriminated against during the hiring process?
Yes. Federal, New York State, and NYC laws all prohibit discrimination in hiring decisions, interview questions, and job postings. Manhattan applicants also benefit from additional NYC protections, including the Fair Chance Act limiting criminal history inquiries until after a conditional offer, a ban on asking about prior salary history, and the salary transparency law requiring employers to post pay ranges in most job listings.
Secure Experienced Legal Representation for Workplace Discrimination in Manhattan Today
Workplace discrimination can leave you feeling alone, isolated, and powerless—but we’re here to help you fight back.
Don’t suffer in silence for another day. Contact us online or call 212-227-5700 today for a free consultation with our trusted Manhattan workplace discrimination lawyers.
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.
- New York Age Discrimination Lawyer
- New York Disability Discrimination Lawyer
- New York Gender Discrimination Lawyer
- New York Pregnancy Discrimination Lawyer
- New York Race Discrimination Lawyer
- New York LGBTQ Employment Discrimination Lawyer
- New York Weight Discrimination Lawyer
- New York Religious Discrimination Lawyer
Increased client’s severance for being discriminated against for their disability.
Defended 12 individuals facing discrimination and retaliation based on race and gender in the workplace.
Race discrimination case against a luxury brand in the fashion industry (confidential).