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Employment Discrimination
Employment discrimination is illegal. Long Island employment discrimination lawyers such those at Famighetti & Weinick PLLC can help you fight unlawful workplace discrimination. Federal, state, and local laws all prohibit workplace discrimination.
Title VII of the Civil Rights Act of 1964 is the federal law which regulates discrimination in the workplace based on sex, religion, race, national origin, gender, and color. Discriminating against women based on pregnancy is also illegal. Some courts have determined that Title VII also prohibits employers from discriminating based on an employee’s sexual orientation. In addition to Title VII, there are other federal statutes that also protect employees against discrimination. The Americans with Disabilities Act (the ADA) prohibits discrimination based on disability, the Age Discrimination in Employment Act (the ADEA) prohibits discrimination based on age, and the Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination based on an employee’s military service.
In New York and on Long Island, employment discrimination is also regulated by the New York State Human Rights Law, also known as the NYSHRL. Like Title VII and some other federal statutes, the New York State Human Rights Law prohibits discrimination based on sex, religion, race, national origin, gender, and color. But, the NYSHRL also explicitly prohibits discrimination based on sexual orientation, criminal conviction status, military status, marital status, age or disability. Long Island employment discrimination lawyers at Famighetti & Weinick PLLC can determine whether an employer is discriminating against an employee.
New York City has further enacted the New York City Human Rights Law, or the NYCHRL. The New York City Human Rights Law provides many of the same protections as federal and state law, meaning it prohibits discrimination based on sex, religion, race, national origin, gender, age, disability, and sexual orientation. But, the NYCHRL is interpreted more broadly than the federal and state anti-discrimination laws. So, the NYCHRL offers the greatest protections to workers in New York City.
The employment discrimination laws in New York can be complicated. Victims of workplace discrimination on Long Island should speak to an experienced employment discrimination lawyer. Experienced workplace discrimination lawyers, such as the Long Island employment discrimination attorneys at Famighetti & Weinick PLLC, can advise victims about their rights and remedies. Employment discrimination victims have many options to fight back.
The Equal Employment Opportunity Commission is an administrative agency of the federal government. It is responsible for investigating employment discrimination, such as violations of Title VII, the ADA, or the ADEA. After investigating, the EEOC may issue a Right to Sue Notice to the victim of workplace discrimination. The Right to Sue Notice allows the victim to sue the employer for employment discrimination in federal court.
Victims of workplace discrimination in New York and on Long Island can also file a charge of discrimination with the New York State Division of Human Rights. Like the EEOC, the Division of Human Rights is charged with investigating complaints of employment discrimination. But, the Division of Human Rights may also provide a public hearing to victims, if it finds probable cause for discrimination. A public hearing is like a trial.
The Commission of Human Rights is New York City’s administrative agency. The Commission of Human Rights can also investigate complaints of discrimination in New York City.
Victims of workplace discrimination may be able to obtain damages. Damages in an employment discrimination case can include economic damages, such as back pay, punitive damages, emotional damages, and attorneys’ fees. Damages vary depending on the type of employment discrimination and the statute which was violated.
The Long Island employment attorneys at Famighetti & Weinick PLLC have handled many different types of employment discrimination cases. Our employment lawyers have handled cases in the EEOC, Division of Human Rights, and in state and federal court. Because claims of employment discrimination may have short statutes of limitations or filing deadlines, victims should speak to an experienced workplace lawyer immediately to discuss options.