Workplace discrimination is a serious matter for employers, their employees, and potential candidates for positions, as well as for independent contractors and vendors who provide services at employers’ places of business.
Because employment discrimination can take many forms, laws surrounding employment discrimination are complex and ever-changing. Our Employment Discrimination Practice Group combines veteran expertise with a continuously evolving understanding of workplace misconduct to ensure that organizations and individuals alike can recognize, respond to, and prevent discrimination.
What Constitutes Employment Discrimination?
While most employers and their employees possess a basic understanding of workplace conduct that may constitute discrimination, the term applies to a broad range of actions toward a variety of protected categories of employees under local, state, and federal laws which protect an employee’s right to be free from unlawful discrimination, harassment and retaliation.
Federal, New York State and Westchester County discrimination laws include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, 42 U.S.C. Sections 1981 and 1983, the NYS Human Rights Law, the New York State Equal Pay Act, and the Westchester County Human Rights Law.
Types of Employment Discrimination
The main federal employment discrimination laws include:
- Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
- the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
- the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
- the Pregnancy Fairness Workers Act which requires covered employers to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”
- Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
- Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
- Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and
- the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
New York State prohibits employment discrimination on the basis of age (includes under age 40 protection), race, creed, color, national origin, sexual orientation, military status, sex, marital status or “disability” (which is more broadly defined than the ADA). Westchester County law prohibits employment discrimination based on disability, race, color, religion, ethnicity, age, national origin, alienage or citizenship status, familial status, gender, gender expression, gender identity, sexual orientation, and marital status.
For Employers:
The best defense against allegations of discrimination is to have policies in place to prevent, investigate and take appropriate remedial action against alleged unlawful conduct, including those involving independent contractors or other business visitors. Employment laws and definitions of discrimination are prone to change, however, so ensuring that procedures and trainings remain up to date can be a challenge for supervisors and managers.
Bleakley Platt’s employment discrimination attorneys help employers take precautionary measures to avoid litigation by providing counseling and training in all aspects of workplace conduct.
We counsel clients on compliance with respect to each of the foregoing federal, state and local anti-discrimination, harassment and retaliation laws. We review employment practices and assist employers in developing policies compliant with discrimination and sexual harassment laws, including updating employee handbooks to help companies avoid future disputes.
Bleakley Platt & Schmidt also offers innovative workplace training programs for businesses to ensure that companies comply with their local, state, and federal employment law obligations in this area.
Our Employment Discrimination Practice Group has extensive experience successfully representing employers in discrimination cases before federal, state and local administrative agencies, in federal and state courts, as well as in mediations and arbitrations. If an allegation is made, our employment discrimination attorneys can also discreetly assist in an internal investigation.
For Employees:
Employees who believe they have been a victim of workplace discrimination, harassment or retaliation may have legal recourse under the aforementioned federal, state and local laws. While employees are typically “at-will,” meaning that an employment relationship can end at the election of either the employer or the employee at any time for any lawful reason, it is illegal to discriminate against employees based on a protected classification. Accordingly, if an employer unlawfully discriminates against an employee who is protected by one or more federal, state or local laws, the employee has the right to file a charge of discrimination with the Equal Employment Opportunity Commission, the State Human Rights Commission and/or the Westchester County Human Rights Commission.
An “adverse employment action” giving rise to an unlawful employment discrimination claim can take various forms including a reduction in scope of an employee’s duties or responsibilities, a demotion, disciplinary action, reduction in pay or benefits, refusal to hire, or termination. Employees may also need to seek counsel regarding retaliation where a company takes an adverse action against them after they have complained, given notice of, opposed, reported, or spoken out against discrimination in the workplace.
Bleakley Platt’s experienced employment law attorney, Joseph DeGiuseppe (jdegiuseppe@bpslaw.com or 914-287-6144), can be reached for a consultation for any claims for discrimination, harassment or retaliation-related matters that arise out of an employment relationship.
Bleakley Platt is committed to our clients’ success and believes that in some instances, an alternative fee arrangement may be preferable to a traditional hourly fee structure. Such arrangements require approval by the Firm’s management.
