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Workplace Discrimination

Improper treatment of employees in the workplace due to their race, gender, age, sexual orientation, nationality, ethnicity, religion, disability, genetic information, and pregnancy portrays workplace discrimination. 

Improper or unfavorable treatment due to the aforementioned characteristics can be manifested in various forms, such as:

• Denying recruitment, wages, and other benefits to employees;
• Denying promotion and training advancements;
• Providing different compensation for employees who hold same roles and responsibilities;
• Listing various preferences related to the above-mentioned traits, such as age, gender, race, and so on, in job descriptions;
• Prohibiting employees from using organization facilities;
• Making decisions on firing, retirement, maternity leaves, disability leaves, and so on, based on the above-mentioned traits.

Studies have shown that workplace discrimination has a significant impact on employees’ physical and mental health. In other words, employees who have experienced workplace discrimination encounter anxiety, stress, and are prone to aches and illnesses. Furthermore, such outcomes negatively influence their job performance. More specifically, employees who experience workplace discrimination are prone to delaying assignments and absenteeism. 

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Unfortunately, workplace discrimination is still quite common in the labor market. According to NY Annual Report on 2018/19 fiscal year, 86% of the cases were filed under workplace discrimination. Considering these statistics, any employee can be the next victim of workplace discrimination, including you. Hence, this blog aims to provide you with information on workplace discrimination and steps that must be followed to address it. 

Laws and your rights

The law prohibits any form of employee discrimination. Furthermore, the law goes beyond employment period to include the process of recruitment and contract termination.

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In particular, Equal Employment Opportunity Commission (EEOC) protects all employees who work for a registered company in United States from workplace discrimination. Specifically, employees are entitled to enjoy five rights under the laws issued by EEOC: 

1. Work in an environment free of discrimination
2. Work in an environment free of harassment
3. Address work discrimination complaints without punishment
4. Ask for workplace changes due to disability and religion
5. Request that medical information be kept private

Statistics

The figure below provides data on all the cases filed for 2018/19 fiscal year in New York.  In particular, it shows that 5330 out of 6229 filed cases belong to workplace discrimination matters, whereas 14% belong to housing, public administration, and other types of discrimination. 

Additionally, the table below provides further details regarding the cases filed under employment discrimination. The majority of the employment discrimination cases, around 23%, are related to race followed by disability, retaliation, sex, age, and creed. 

What can you do to assert your rights? 

If you find yourself facing any type of employment discrimination described above, you should consider talking to a family member to better cope with the stress that comes along with workplace discrimination experiences. Then, you should address concerns related to employment discrimination to your supervisor or manager.  

However, if the company does not manage your complain properly, you should consider hiring a lawyer. At L & D Law P.C., we take pride in our skilled and experienced staff members who are determined to work passionately to preserve your claims. We offer exceptional legal services with a focus on employment discrimination cases, including, sexual harassment, wrongful termination, and retaliation. 

If you are seeking aggressive representation, contact us today by to discuss your case for free by calling 212-374-9786 or emailing at info@discriminaitonlawyertoday.com. 

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What is Sexual Harassment?

To hold your employer responsible for sexual harassment, it must be covered by the federal or a state law prohibiting sexual harassment in the workplace. There are many laws which protect your rights in places of public accommodation, and some specifically in the workplace. Under federal law, employers with 15 or more employees are covered and each state also has its own anti-harassment laws. In New York, Title VII of the Civil Rights Act of 1964 prohibits sexual harassment. Under Title VII there are two categories of sexual harassment: quid pro quo sexual harassment and hostile work environment. 

What is Considered a Hostile Environment?

Some employees believe that a negative boss, a rude coworker, lack of teamwork, lack of benefits and many more discriminatory factors can create a hostile work environment. Although these remain true in making your work environment seem hostile, a hostile work environment claim is a workplace discrimination claim under federal law. An environment can be considered hostile when employees suffer harm due to unwelcome comments or conduct of a sexual nature. Under federal law, the standard for a hostile work environment must be one that is severe. The person who files the complaint should be able to prove the discriminatory behavior, whether it is race, color, gender, religion, sexual orientation, national origin, pregnancy, ancestry, or disability.

Below you can find information on each discriminatory action that may make an environment hostile: 

• Remarks by coworkers or others in the workplace are pervasive. Any discriminatory behavior should be reported to Human Resources.  
• The behavior or actions in the workplace are discriminating against a protected classification such as age, disability, religion, or race.
• The behavior lasts over time and is not addressed effectively by the organization. 
• An employee failed to receive promotion or job rotation, therefore hindering the employee’s career progression. 

Anyone who has experienced these and more discriminatory behavior and has attempted to make the actions stop without success, should consider asking experienced sexual harassment and employment discrimination attorneys for help.

Source: Unsplash

What is Considered a Quid Pro Quo Sexual Harassment?

“Quid pro quo” roughly translates to “this for that”. In terms of sexual harassment,  Quid pro quo often involves implied requests or demands for sexual favors in exchange for employee related benefits, threats that the employee may lose the job or other. This strictly violates Title VII of the Civil Rights Act, which prohibits discrimination on the basis of sex. The Quid Pro Quo type of harassment is generally carried out by supervisors or other people with decision making power. According to Civil Rights Bureau, New York State Office, “Complaints with DHR may be filed any time within one year of the harassment.” (LINK)

Other cases when there is a Quid Pro Quo sexual harassment in place arise when some employees and candidates are rejected or denied employment due to submitted sexual advances or requests. But it is important to note that the offensive conducts should be under the category of sexual harassment as the law defines the term. There may be cases when coworkers invite others to join for a get-together, and some may see it as a sexual advance. In order to qualify for harassment, the average person must also see the invite as a sexual advance and not simply a polite gesture.

What can you do to assert your rights? Hire a Lawyer.

No one deserves to face sexual harassment or discrimination in the workplace. Our attorneys are not only experienced and skilled, but we are also passionate about the work we perform and emphatically believe in taking each case personally so that we can be zealous advocates on behalf of each client. Our attorneys are responsible for recovering millions for our clients and pushing each case as far as we need to so as to ensure that justice is served. Our firm offers a risk-free, free of charge, consultation where we will go over your claims with you to see whether a case exists. Since there may be a number of time limitations on when you can file your claims, it is important that you waste no time to contact us at L & D Law P.C. (Liggieri & Dunisha).

We believe in responding and meeting with our clients as quickly as possible to make sure that your claims are preserved. If you are seeking aggressive representation, contact us today by calling 212-374-9786 or emailing at info@discriminaitonlawyertoday.com.  

Source: Unsplash

One of the most common questions that arises after someone has been in an accident is whether to hire an attorney to take care of the legal process or not. Although there are times when insurance companies handle the situation well, there are certainly cases when you would want an attorney to represent you. This blog discusses some of the scenarios that almost certainly require the assistance of an experienced lawyer. If you find that your case does not fall within any of the categories, you have nothing to lose by consulting with licensed attorneys in your area.

If the following cases apply, then you should consider getting an attorney:

• The insurance company is not treating the case fairly.
• The accident took place in a questionable area, such as construction sites.
• Technical, medical or legal details are complicated
• Medical treatment costing more than expected
• People were harmed in the accident

Cases When You Have Serious Injuries

If your injury requires lost time at work, extensive hospital stay and any other long-term health effect, then it is best to hire an attorney. The cost of medical treatments if your injury requires extensive stay will be high, and there may be a case when the insurance company fails to comply or pay the expected cost. To get the most out of your personal injury claim or lawsuit, you need a lawyer who can pursue all available forms of compensation for your injuries and other losses.

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Cases When the Insurance Company Does Not Cooperate

In the event that your insurance agency neglects to address your concerns, changes the policy approach without you knowing, or denies a case covered by your arrangement, they might be attempting to try not to pay your remuneration. If the insurance company refuses to make a fair settlement offer or refuses settlement, personal injury attorneys can assist you with communication and negotiating with the insurance company. 

Cases When There is a Liability Dispute

There may be cases in which accidents involve multiple cars or have happened in areas such as construction zones. Liability disputes can turn complicated quickly and having an attorney to help with the procedure can help.

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If you were involved in any of the scenarios discussed above, you should contact a reputable attorney right away. Hiring a personal injury lawyer in New York is an important decision, as your lawyer will represent your interests in settlement negotiation. Your rights are fully protected, and our attorneys can help enforce these rights in a court of law. If you need a personal injury attorney in New York, please contact our lawyers today! We at L&D Law P.C. take great pride in the satisfaction rating we receive from former clients. Your claim will be assigned to one of our key attorneys who will be available for any questions as your claim progresses. We will always provide you with an honest assessment of your claim.