Workplace Discrimination

You deserve to work with others who respect you, regardless of your gender, race, religious belief, disability, age, sexual orientation, or other protected status.

When you are not treated appropriately, or when you are deprived of opportunities for employment or advancement based on your membership in a particular social group, you are entitled to be made whole.

Clients who are victims of employment discrimination have fought discrimination and achieved justice with the assistance of the attorneys at Joseph & Kirschenbaum LLP since 1997.

What Is Workplace Discrimination?

Unlawful workplace discrimination occurs when an employer mistreats an employee because of the employee’s protected status, such as race, gender, religion, or disability. Common actions that may be unlawful if they are done for a discriminatory purpose include:

Firing an employee
Refusing to hire a prospective employee
Refusing to promote an employee
Demoting an employee
Paying an employee less than another person performing the same job
Subjecting an employee to unfair discipline
Refusing to provide a reasonable accommodation for an employee’s disability or religious practice

Other times, discriminatory practices are subtle. Employers may be held liable not only for deliberate discrimination, but also for policies that have the effect of discriminating in the workplace, even if that was not the intent, such as:

Failure to intervene in a hostile work environment in which race or other protected characteristics are demeaned, stereotyped or ridiculed
Dress code policies that inhibit one's religious practice
Unnecessary physical requirements that tend to exclude women
Recruitment advertising and practices that tend to discourage members of certain groups from applying for jobs
Unnecessary English only policies

These are some examples of indirect discrimination that are commonplace. Our firm successfully investigates and pursues these types of discrimination claims, even when they are complex.

Types of Workplace Discrimination

The laws of the United States, New York State and New York City combine to prohibit employment discrimination in many areas, including:

Age: The federal Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals over the age of 40. The New York State Human Rights Law and the New York City Human Rights Law also prohibit age discrimination against employees of any age.
Disability: The Americans with Disabilities Act (ADA) and state and local human rights laws prohibit employers from discriminating against disabled individuals who are able to perform the essential functions of their jobs with or without reasonable accommodation. Employers are also required to engage in an interactive process with any employee who requests an accommodation for a disability.
Gender: Gender discrimination is prohibited by the federal Civil Rights Act, the Equal Pay Act, plus New York State and New York City human rights laws.
LGBTQ+: Federal, New York State and New York City laws in New York prohibit discrimination based on sexual orientation and gender identity.
National origin: Discrimination based on a person’s national origin, ancestry, or citizenship status is prohibited under federal, New York State, and New York City law.
Pregnancy and caregivers: Pregnancy discrimination protection is included under the Civil Rights Act’s prohibition against gender discrimination, as well as specifically under the Pregnancy Discrimination Act. Pregnant people and caregivers are also protected from discrimination under the New York State and New York City Human Rights Laws.
Race: Discrimination on the basis of race is prohibited by United States, New York State and New York City statutes.
Religion: Title VII of the Civil Rights Act, as well as state and local human rights laws, prohibit employment discrimination based on religious affiliation or observance and require employers to provide reasonable accommodations for employees’ religious practice.
Victims of domestic violence, sexual assault, or stalking: The New York State and New York City Human Rights Laws prohibit employers from discriminating against employees based on their status as a victim of domestic violence, sexual assault, or stalking. Employers must provide reasonable accommodations for employees who are victims of domestic violence, sexual assault, or stalking, such as time off to seek medical attention or legal services in connection with domestic violence, sexual assault, or stalking.
Weight and height: Beginning November 22, 2023, it will be illegal under the New York City Human Rights law to discriminate against employees based on their weight or height.

You may be protected against workplace discrimination even if you are not an employee.

The New York State Human Rights Law and New York City Human Rights Law prohibit workplace discrimination against independent contractors, interns, and other non-employees.

Consult Our New York Employment Discrimination Law Firm

Clients seek the services of our comprehensive employment discrimination law practice. Since 1997 we have represented people who have suffered any type of employment discrimination prohibited under federal, state or local law. Our accomplishments include:

$1,165,000 settlement of sales manager’s sexual orientation discrimination and retaliation claims
$750,000 settlement of professional employee’s pregnancy/caregiver discrimination and retaliation claims
$750,000 settlement of attorney’s disability discrimination claims
$620,000 settlement for group of employees with race, religion, disability, and sex discrimination claims
$525,000 settlement of disability discrimination claims against an investment firm
$450,000 settlement of race discrimination and retaliation claims against a financial institution
$425,000 settlement of gender and race discrimination and retaliation claims against a law firm
$400,000 settlement for skilled tradesperson with religious discrimination claims
$325,000 settlement of age discrimination claims
$295,000 for sexual orientation and retaliation claims
$290,000 settlement for financial services executive with race discrimination and retaliation claims
$185,000 settlement for insurance executive with age discrimination claims
$95,000 settlement and reinstatement of employment for technology worker who asserted age discrimination claims

When you have been denied employment or suffered adverse employment action based on race, religion, national origin, gender, sexual orientation, disability, age, or any other legally protected characteristic, contact Joseph & Kirschenbaum LLP to schedule a no-fee initial consultation.

Call us at 212-688-5640, contact our firm online using this form or email: info@jk-llp.com. Se habla español.