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New York City Employment Litigation

Employment Discrimination Attorneys in NYC

Fighting to Secure Favorable Outcomes in Employment Disputes

Everyone deserves to go to work without fear of discrimination. The Civil Rights Act along with a massive patchwork of state and federal laws focuses on providing such protections. However, discriminatory practices still exist in the workplace. When employees face such improper actions, it’s important that they understand their rights. It’s also important for employers to understand what they’re up against — and how to potentially avoid such issues. An employment discrimination attorney in NYC may be able to help.

At Linton Robinson & Higgins, LLP, our team of dedicated legal professionals is here to assist. Whether you need to file a discrimination claim or your company wants to implement anti-discrimination policies, our experience in state and federal law will help you move forward. And since we’re right here in New York City, our knowledge of local laws will ensure you’re making the most of your rights. Discrimination based on protected characteristics is never appropriate. Regardless of the situation you find yourself in, we’re here to help. Contact us today for a free consultation.

Has Employment Discrimination Occurred?

Discrimination in the workplace is a broad area that involves many protected characteristics. Certain laws offer broad discrimination protections for statuses ranging from sexual orientation to citizenship status. There are also statutes that focus on specific types of improper behavior — such as the Age Discrimination in Employment Act and the Pregnancy Discrimination Act. The complexity and interconnection between these laws make it clear why it’s so important to work with a NYC employment law attorney.

However, it can be easy to identify if employment discrimination has occurred. If a person is denied employment, demoted, harassed, paid less, terminated, or treated less favorably than other employees due to the following protected characteristics, then employment discrimination has likely occurred:

  • Race
  • Color
  • Sexual orientation
  • Religion
  • Sex
  • Gender identity
  • Disability
  • Genetic information
  • Status as a protected veteran
  • National origin

Any discrimination based on a protected class can result in significant fines and penalties for an employer. Individuals in these protected classes may also be entitled to significant compensation and other legal remedies. However, it’s important to speak with a New York City employment discrimination attorney before doing anything. While the law prohibits discrimination, it’s important to realize that courts may not always view unfair treatment as illegal.

Those who are filing discrimination claims have the burden of proof, so if you’ve faced improper treatment over a protected status, contact our law firm today. We’ll review your case and help you understand your options — including additional protected statuses available in NYC.

What Should You Do After Facing Workplace Discrimination?

If you’ve faced discrimination or a hostile work environment due to a protected class, you have the right to file a complaint. People throughout America can contact the Equal Employment Opportunity Commission (EEOC), but New York citizens have additional options. One such agency that offers protection is the New York State Division of Human Rights. There are additional agencies that can help depending on your situation (e.g., type of discrimination, employment status, etc.) — but what’s most important is to realize that simply filing a complaint isn’t always enough.

Since the burden of proof is on the employee, it’s important for them to gather as much evidence as possible before contacting a workplace discrimination attorney in NYC. This means maintaining copies of all communications, finding out who you could get witness statements from, and keeping any employment documents you’ve been issued. For instance, envision a scenario where you’re facing workplace racial discrimination or sexual harassment. If you report that this is happening, you should hold onto the report your employer creates.

Of course, it could be the case that no report is created. In such an instance, you should document all relevant information and ensure your communications can be verified (e.g., saved emails, texts, etc.). Discrimination must be reported to your employer or Human Resources department, but when this doesn’t remedy the situation, you should contact a New York City employment discrimination attorney to review your case.

Should You File a Complaint With the Equal Employment Opportunity Commission?

If you’ve faced employment discrimination of any kind, you have every right to file a complaint. However, this process can get confusing — particularly in New York City. Employees in our city and state have far more protections than many others throughout the country. In many cases, they have other protected characteristics that simply don’t exist elsewhere. This is definitely a positive thing, but it also means filing a complaint with the appropriate agency can be more complex. For instance, citizens of our city may be able to submit a complaint to each of the following:

  • Equal Employment Opportunity Commission
  • U.S. Department of Labor
  • Occupational Safety and Health Administration
  • New York State Division of Human Rights
  • New York State Department of Labor
  • New York City Commission on Human Rights
  • New York City Department of Consumer and Worker Protection

Federal and state law already provide extensive protections, but New York City goes the extra mile. So, which of these agencies should you file a complaint with? The answer to this question can be complex. For instance, it’s possible to file a complaint regarding credit history or a conviction record with certain agencies but not others. This is one of the many reasons you may benefit from working with an employment discrimination lawyer in New York City. At Linton Robinson & Higgins, we’re here to make sure you get justice.

Contact us today for a free consultation.

How Can Our Law Firm Help Employers?

If you’re an employer, there’s a good chance that you understand the basics of discrimination law. For instance, you likely know that racial and gender discrimination is illegal. You probably are also aware that sexual harassment is not okay and that you must offer a reasonable accommodation for any disabled employee. Unfortunately, anti-discrimination law is much more complex than this — particularly in our city where you also have to keep up with the New York City Human Rights Law.

So, can our law firm help you? Absolutely. We’ve spent years helping employers establish policies, create handbooks, and engage in other activities that greatly reduce their chance of violating the Civil Rights Act and various other employment laws. We advise on how companies can offer reasonable accommodations to stay in compliance with the Americans With Disabilities Act. We can even help you create processes for handling discrimination claims in your company.

We strive to help employees fight back against wrongful treatment — ranging from racial discrimination to harassment based on marital status. Of course, one of the best ways to do this is by helping employers minimize the risk of such situations in their workplace — and by helping them avoid frivolous claims that could devalue legitimate instances of improper acts. Contact us today for assistance.

Contact a New York Employment Discrimination Lawyer Today

It’s unfortunate when someone finds themselves involved in a discrimination claim. Employees may not understand their options or whether they can pursue compensation, and employers may think they’re being taken advantage of for something they had no knowledge of. The important thing to remember is that local, state, and federal laws protect employees from discriminatory actions. This relates to everything from early employment decisions (i.e., hiring practices) to wrongful termination. If you find yourself involved in a discrimination claim on either side, it’s important to seek out legal services.

At Linton Robinson & Higgins, LLP, our legal team has extensive experience handling discrimination cases. We’ve helped employees secure financial compensation and other positive outcomes after facing discriminatory acts. We’ve also helped companies establish policies and handbooks that help them stay on the right side of employment laws. We handled cases on both sides of the spectrum, so we understand what it takes to win. Don’t try to take on these complex issues alone. Contact us at (332) 241-9036 to schedule your free case evaluation with a New York discrimination lawyer today.

We’re here to help.

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