How Do I Know If I Have An Employment Discrimination Case?
A lot of legal claims are complicated, but employment discrimination isn’t that hard to recognize. In fact, you can almost always recognize a possible instance very quickly. The complications in this area of the law, however, isn’t recognizing it, it’s building the case.
At Eisenberg & Baum, LLP, we are employment discrimination lawyers with extensive experience in discrimination problems of all kinds. We represent clients nationally and are extremely aggressive in pursuit of the justice and compensation our clients deserve. Employment discrimination is not hard to define, but it is always hard to pursue justice unless you have help.
Workplace Discrimination Defined
According to both Federal and New York law, discrimination is a group of actions that bar, discourage, or outright deny opportunities to people. It is easy to tell if someone is denying you an opportunity because of a bias of some sort, but bias is not actionable unless it is a bias against you as a member of a protected class.
By both Federal and New York law, you cannot face discrimination based on your:
- Sex
- Race
- Ethnicity
- Sexual orientation
- Age
- Disability status
- Gender identity
- Religion
There are many other protected classes, and you can and should consider whether your opportunities were impacted because of that. We’ll be relentless in pursuing compensation for the discrimination you’ve faced.
The Actionable Forms Of Discrimination
To prove a case of discrimination, you must also prove some other factors in your case. It’s not enough that you feel the bias against you; you must be able to show that it has impacted your quality of life. In the workplace, discrimination would mean:
- Losing out on promotions or raises
- Receiving unfavorable assignments
- Not receiving necessary, reasonable accommodations
- Termination of your employment
If you experience any of these actions because of any of the protected reasons we listed in the previous section, you are very likely the victim of discrimination. However, it’s important to be clear: not every negative outcome at work is because of discrimination. We will talk more about that below.
Why Turn To Eisenberg & Baum, LLP
Discrimination is a problem, an injustice against you for factors that are completely beyond your control. We all have small biases and dislikes, but when a person’s bias is against a fundamental, unchosen, and unchanging part of your identity, it must be addressed.
We are aggressive in the pursuit of discrimination cases, from pregnancy discrimination to racial discrimination. You don’t deserve to have your work and career impacted simply because of who you are.
We work with you to build the most strategic and aggressive legal plan to secure compensation for the difficulties you’ve had. And we’ll take the steps necessary for you and go as far as you need us to go.
Get Answers Today, Get Justice Tomorrow
When you’re worried about whether or not you’re facing actionable discrimination, you need to get answers right away. And we’re here to help you. Here are some of the questions our clients ask first:
What does not count as workplace discrimination?
Workplace discrimination does not apply to such things as:
- Performance-based decisions: If it is documented that someone struggles in certain areas, then punitive actions, even removal, can be expected.
- Personality-based decisions: Sometimes people don’t get along, and that’s just reality. If you have a strong personality clash, then working decisions will be based on that.
- Business necessity: Businesses must make hard choices often, and those can feel targeted. It’s not great to be laid off or be passed over for a raise. But it is not necessarily discrimination.
- Skill or experience based decisions: People with advanced degrees, extensive experience or specialized certification will often get preferred assignments and raises.
However, just because these are the stated reasons for a choice at work doesn’t mean that your employers are being perfectly upfront about it.
How long do I have to file an employment discrimination claim in New York City?
In New York City, the statute of limitation for filing an employment discrimination claim is one year. This means you must file with either the New York City Commission on Human Rights or the New York State Division of Human Rights within one year of the discriminatory action. You may also pursue claims through the federal Equal Employment Opportunity Commission within 300 days,
Should I hire an attorney for my discrimination case?
Filing for employment discrimination, either through the city, state or federal level, is going to be time-consuming. Doing this on your own will leave you open to sophisticated legal attacks that your employer will take advantage of. As your attorneys, we’ll be savvy to the tricks and traps laid out and we can guide you more carefully through the process.
Get Your Free Consultation From Us Today
As workplace discrimination attorneys in New York City, we have seen the full range of problems our clients have. We know it’s hard out there. We know that you’re in a tough spot. But we’ll fight for you and be your voice. You don’t have to accept being looked over or treated poorly because of your background.
Call us today for a free consultation at 212-353-8700. Our office is open 24/7 for these calls. You can also reach us by email using this contact form.