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Workplace Discrimination

The U.S. Constitution and the New York State human rights laws protect individuals from being discriminated against because of their identity. It is unlawful to discriminate against a person on the basis of their sex, age, religion, disability, race, ethnicity, national origin, and sexual orientation.

Employers are not allowed to use these protected categories as a basis for hiring, firing, promoting, or evaluating any employee.

If you believe you have been mistreated at work because of one or more of your identities, please contact The Jacob Fuchsberg Law Firm to speak to one of our highly experienced New York City lawyers for a free consultation about your case.

Gender Discrimination and the Like

Discrimination on the basis of one’s sex is unfortunately extremely common. The legal definition of discrimination on the basis of sex also includes gender discrimination and discrimination against individuals who are transgender, non-binary, or gender non-conforming. Discrimination on the basis of sex also encompasses pregnancy discrimination, unequal pay for male and female employees, and sexual harassment. Each of these forms of discrimination is a violation of employment law and can be the basis of a discrimination claim in New York.

Pregnancy Discrimination

In the past, it was not uncommon for employers to use the perception that a woman might become pregnant as a basis to fire her or not even hire her in the first place. This is illegal. If you are asked about your plans for marriage or having children in a job interview, you are not obligated to answer. If you are fired after becoming pregnant or going on maternity leave, you may be a victim of pregnancy discrimination. Please contact The Jacob Fuchsberg Law Firm immediately to speak with an NYC employment discrimination lawyer to make sure your rights are protected.

The Wage Gap

The wage gap between men and women is a harsh reality. On average, women make 89 cents for every dollar a man makes. As the data is broken down by race, the numbers become even more concerning.

It is illegal for an employer to prohibit employees from discussing their wages or salary. If you discover that you are being paid less than your counterparts, you may be able to file a lawsuit to recover your lost wages. Contact the Jacob Fuchsberg Law Firm for a free consultation with a member of our experienced legal team.

Sexual Harassment

Sexual harassment is a serious issue. In the last several years, we have seen more and more people come forward to share their stories through the #MeToo movement. Many of these brave individuals have filed lawsuits and put their faith in the justice system. In a court of law, sexual harassment at work can be categorized in two ways: quid pro quo and a hostile work environment.

Quid Pro Quo

Quid pro quo occurs when one party offers something in exchange for something else. In terms of sexual harassment, this can take various forms. For example, if you are offered a promotion in return for sexual favors or have been threatened with termination for refusing sexual advances, you may have a significant claim of sexual harassment. If you have experienced quid pro quo in the workplace, please contact one of our employment discrimination attorneys at The Jacob Fuchsberg Law Firm immediately.

Hostile Work Environment

A hostile work environment is one inundated with offensive remarks, gestures, and/or attitudes pertaining to a particular identity, often gender. Examples of behavior that makes up a hostile work environment include, but are not limited to, inappropriate images being shared among coworkers and offensive comments being made towards female employees.

Hostile work environments are not always restricted to claims of gender discrimination. In one of our cases, our client’s employers created a hostile work environment by deliberately excluding our client from meetings, failing to include her on work emails, and changing her office space to be further from her home and lacking the necessary equipment she needed to complete her job and eventually terminating her employment. Our firm took on this case and is successfully moving it forward.

‍Read more about the employee’s case against MetroNorth

Age-Based Discrimination

Discrimination on the basis of age is unlawful under the Age Discrimination in Employment Act (ADEA). Age discrimination can look like a company laying off employees close to retirement and replacing them with “new blood.” This is a major issue, especially for those who have shown loyalty to a company and remained there over the years. Recently, the Equal Employment Opportunity Commission (EEOC) released new coronavirus related guidelines pertaining to older employees – employers are not allowed to prevent older employees from coming to work or treating them differently from younger employees, even if there is a fear that they are more vulnerable to coronavirus.

If you believe you are a victim of age-based discrimination, or your rights under ADEA have been violated, please contact The Jacob Fuchsberg Law Firm at 212-869-3500 to make an appointment with one of our highly qualified employment attorneys.

Discrimination Based on Disability Status

The American with Disabilities Act protects individuals with disabilities from discrimination in the workplace. Ableism, or discrimination against someone who is disabled, can take many forms. If your employer refuses to provide you with a reasonable accommodation, you may have the basis of a lawsuit. The Americans with Disabilities Act also protects workers during the COVID-19 pandemic. During this unprecedented time, employers must make a good-faith effort to accommodate your needs, within reason. If you believe your employer is not providing you with reasonable workplace accommodations, contact The Jacob Fuchsberg Law Firm to meet with an experienced employment attorney.

One example of our work in employment discrimination concerned a woman who was fired by the MTA after experiencing months of discrimination and gross failure to accommodate her disability. leading to exacerbated health problems and eventual wrongful termination from her job.

Race Discrimination

If you believe you have been discriminated against in the workplace because of your race, you may have a civil rights claim against your employer. Overt discrimination can take the form of an employer refusing to hire people of color or even racial slurs being used or stereotypes being pervasive in one’s work environment. More subtle discrimination can look like being told you are not “appropriate” for a client-facing position despite being highly-qualified, being passed over for promotions that are given to less-qualified peers, or told your hairstyle is “inappropriate”. Even in workplaces that are highly diverse, race discrimination may still be present and pervasive. If you have been unlawfully discriminated against due to your race, please contact an employment attorney at the Jacob Fuchsberg Law Firm.

Discrimination on the Basis of Ethnicity

Discrimination on the basis of ethnicity can look and feel similar to racial discrimination. Moreover, these two forms of discrimination can be interconnected and hard to distinguish from one another. While race refers to a set number of categories, ethnicity is much more specific. This specificity lends itself to different ways one can be stereotyped and thus discriminated against.

Discrimination on the Basis of National Origin

National origin is defined as the country where one is born or where one’s ancestors are from. Discrimination on the basis of national origin can also be based on one’s accent, dialect, cultural practices, or appearance. This form of discrimination can also include discrimination based on assumptions about one’s citizenship or visa status.

Discrimination on the Basis of Sexual Orientation

If you believe you are being discriminated against due to your sexual orientation or perceived sexual orientation, you may have a claim for discrimination. It is unlawful for an employer to discriminate against you based on who you love or your marital status. This was cemented in the Supreme Court’s June 15, 2020 decision ruling that the Civil Rights Act protects LGBTQ+ employees from discrimination. This means LGBTQ+ individuals are protected under federal law from discrimination on the basis of their sexual orientation.

NYC Employment Discrimination Attorneys – Call Us Now For A Free Consultation

The Jacob Fuchsberg Law Firm has handled a wide range of discrimination cases. Employment discrimination takes many forms and it is not always easy to prove. However, the highly experienced employment law attorneys at our law office are fiercely dedicated to protecting the rights of employees and fighting employment discrimination.

We cannot give legal advice on this website, but if you call us and establish an attorney-client relationship, we can assist you. And prior to that, we will analyze your case and let you know whether we think you may have a claim. We have an excellent track record and will do our best to help you.

You can fill out our contact form or call us today for a free consultation at 212-869-3500.