It’s 2024, and workplace discrimination should stop. It is unfortunate that discrimination continues to happen in New York and elsewhere.
Workplace discrimination comes in various forms, from age discrimination to religious discrimination, but the underlying issue remains the same: treating workers unfairly based on factors that have no bearing on their ability to perform their job.
Understanding the Unlawful Actions
According to the New York City Human Rights Law, it is illegal to discriminate against workers based on race, color, creed, age, perceived age, national origin, citizenship status, gender (which includes sexual harassment), gender identity and expression, sexual orientation, disability, marital status, partnership status, pregnancy, and caregiver status.
- Age Discrimination. It happens when an applicant or employee receives unfavorable treatment because of their age. Employers cannot discriminate against employees based on their age and must provide equal job opportunities, including equal pay, regardless of age.
- Race or color discrimination. It means treating an applicant or employee poorly because of their race or color.
- Religious discrimination. It refers to the practice of treating an applicant or employee differently due to their religious beliefs and practices, or the lack thereof.
- Sex or gender discrimination. Unfair treatment of an applicant or employee due to gender identity, transgender status, or sexual orientation constitutes sex discrimination.
Additional protections extend to workers based on their arrest or conviction record and status as victims of domestic violence, stalking, or sexual offenses.
Employers in New York should also be aware that an employee’s association or relationship with a member of a protected class can form the basis of a harassment or discrimination claim even if the employee is not part of a protected class (9 NYCRR § 466.14; Chiara v. Town of New Castle, 2 N.Y.S.3d 132 (2d Dep’t 2015)).
Identifying the Right Venue for Filing a Complaint
When filing a discrimination complaint in New York, you have several options at the federal, state, and city levels, each serving distinct roles.
The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing federal discrimination laws, and individuals must file a complaint with them before proceeding to file a lawsuit in federal court.
On the other hand, you can file a complaint under the New York State Human Rights Law with the New York State Division of Human Rights (DHR).
Similarly, the New York City Commission on Human Rights (CHR) handles complaints within NYC.
Each of these agencies operates under a work-sharing agreement that permits an employee to file complaints collectively rather than individually, and each has its own set of deadlines and procedures for filing complaints.
The choice between filing at the federal, state, or city level will depend on several factors, including the severity of the case, the specific protections under each law, and the outcomes desired by the complainant.
It is also important to consider the statute of limitations, which varies between the EEOC, DHR, and CHR. And if your complaint involves a protected category only recognized by New York State or City law (such as marital status discrimination), those agencies will provide the only avenues for that recovery.
Standing Up Against Workplace Discrimination
If you have been a victim of workplace discrimination in New York, it is best to seek legal advice as soon as possible to understand your rights and options. Here at Horn Wright, our discrimination lawyers are ready to help you take a stand against employment discrimination. No one should suffer the pain and frustration of workplace discrimination.
Remember, standing up for your rights not only benefits you but also helps to set a standard of respect and equality for all employees in New York. Contact us today at (855) 465-4622 for a free, confidential consultation.