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Employee Discrimination

Employee Discrimination

Employee Discrimination

At Ricotta & Marks, P.C., our firm has grown a substantial practice in protecting employees who have been discriminated against for any number of reasons. Whether you were denied a promotion because of your age or because you became pregnant, were harassed because of your sexual orientation or your race, or penalized because of your religion, you do not have to suffer in silence or tolerate these actions. Taking a stand can not only help you, but you probably have co-workers who have incurred the same mistreatment.
Our Queens employee discrimination lawyers knowledge and application of the relevant state and federal employment laws may be the solution to your problem. Contact our law offices in Queens or Long Island to schedule your free confidential initial consultation by calling 347-464-8694. There are time limits regarding how long you have to file a discrimination claim so it is in your best interest to seek counsel as soon after the incident as possible 

Queens and Long Island

Labor Employment Lawyers in Queens and Long Island

Advocating on Behalf of
Employees

At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:

Harassment

According to the NY Department of Human Rights, employers can be held responsible for sexual harassment in the workplace in the following circumstances:
If the harassment was the fault of a co-owner, manager, or supervisor the employer is responsible, regardless of whether or not they knew it was occurring
If the harassment occurred among regular employees, the employer can be held responsible if they knew about it, should have known about it, or failed to have a sexual harassment policy in place.
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Employee Discrimination

Our lawyers are prepared to represent clients who face any type of employment discrimination such as:
Gender discrimination
Marital status discrimination
Pregnancy discrimination and FMLA violations
Sexual orientation discrimination, including transgender discrimination and harassment
Age discrimination
Race or national origin discrimination
Disability discrimination
Religious discrimination
Criminal record discrimination
Violations of the Genetic Information Nondiscrimination Act (GINA)
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Wage & Hour Disputes

We handle many cases that involve wage and hour disputes, including people in certain industries who often fall victim to these situations as well as instances involving:
Unpaid overtime
Under-the-table compensation
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Education Law

New York City teachers face challenges inside and outside the classroom. When they face the possibility of losing their jobs, they deserve representation by experienced attorneys.

At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.

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Wrongful Termination

Even in an ‘At Will’ Work Situation, You Have the Right to Work. Employers will always claim that they had a valid reason to lay off or fire an employee. But in many circumstances, this is just disguised discrimination of one form or another. Continued employment and advancement is frequently based on performance reviews. If you have a perfect record, then suddenly go from perfect to pariah, it may be a case of your supervisor or employer giving a negative review in order to have an excuse to remove you from your position or deny a promotion.

Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.

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Other Employment Law Issues

As a full-service employment law firm, we can also help you with:
Labor and union representation
Mediation and arbitration matters
Employment contract negotiations and matters
Employer defense
Our New York employment attorneys are dedicated to ensuring that all workers have the opportunity to pursue successful careers, and experience workplaces that are free of harassment or other situations that create tension.
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There Are Many Types of Workplace Discrimination. None Should Be Tolerated.

Sexual Harassment by a Supervisor

Our skilled and compassionate employment law firm also handles sensitive situations involving:

Additionally, we help people who believe they have been denied opportunities because of criminal record discrimination as well as situations where employers may have violated the Genetic Information Nondiscrimination Act (GINA) when deciding whether to hire someone based on background medical information.

Our employee discrimination lawyers in Queens are here to make sure you are treated with respect as a prospective hire and once you are an employee. If you feel that you are being mistreated by an employer because of your age, race or any other part of your identity, we encourage you to come in and tell us your story. We will take the time to listen and understand what you are going through. We will be able to see how the discrimination is taking place, and we can help you determine what actions you want to take going forward.
Not only do we have experience working with the New York State Division of Human Rights, and filing claims with the Equal Employment Opportunity Commission (EEOC), but we also have the litigation experience to pursue cases in state and federal courts successfully.

Employment Discrimination

Employment Discrimination

Federal Law Prohibits Employment Discrimination in New York

The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws that protect employees from workplace discrimination. There are a number of federal laws that prohibit discrimination in the workplace, including but not limited to the following:

  • Title VII of the Civil Rights Act of 1964: This law makes it unlawful to discriminate against a person because of the person’s race, color, religion, national origin, or sex. It prohibits workplace discrimination at multiple stages of employment, from the application and hiring process, to promotions at work, to termination. In addition, Title VII makes it unlawful for an employer to retaliate against an employee who exercises his or her rights under Title VII. Beyond specific acts of discrimination, Title VII also requires employers to provide employees with reasonable accommodations for the employee’s sincerely held religious practices. Similar to the ADA, which we will explain below, the employer is only exempted from providing a reasonable accommodation if it would result in an undue hardship to the employee’s business operation.
  • Pregnancy Discrimination Act: This law is an amendment to Title VII, and it makes it unlawful to discriminate against an employee because of the employee’s pregnancy, because the employee gave birth to a child, or because the employee has a medical connection connected to a pregnancy or childbirth. Under this amendment to Title VII, it is also unlawful for an employer to retaliate an employee who exercises her rights under the Pregnancy Discrimination Act.
  • Age Discrimination in Employment Act (ADEA): An employer cannot discriminate against a person on the basis of age when the person is 40 years old or older. The law protects job applicants and current employees from age-related discrimination. It also prohibits employers from advertising certain jobs on the basis of age (for example, an employer cannot advertise a job by saying: “Only applicants aged 35 and younger should apply”). The ADEA also protects employees from retaliation. Under the ADEA, it is unlawful for an employer to retaliate against an employee because the employee filed a discrimination charge, simply complained about discrimination, or participated in a discrimination investigation.
  • Title I of the Americans with Disabilities Act (ADA): Under the ADA, it is illegal to discriminate against a person with a disability. The law protects people at various stages of employment, from the job application process through to employment promotions and terminations. The ADA protects people with various types of disabilities, including physical and mental disabilities. In addition, the ADA requires employers to provide reasonable accommodations for those with disabilities as long as providing the accommodation would not create an undue hardship for the employer.
  • Equal Pay Act of 1963 (EPA): Under the EPA, it is unlawful to pay men and women different salaries for performing equal work in the same job. In other words, an employer cannot hire a man and a woman to perform the same job at the same worksite and pay them different amounts because of their sex.
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New York State Laws Prohibit Discrimination in Employment

State laws can provide additional protections against workplace discrimination.

For example, under the New York Human Rights Law (NYHRL), it is unlawful for an employer to discriminate against a person because of sexual orientation, or gender identity or expression. Notably, Title VII does not explicitly provide protections against sexual orientation or gender identity discrimination, although the prohibition against sex discrimination has been construed to include these protections. 

New York City Law Prohibits Discrimination in Employment

The New York City Human Rights Law also offers protections against workplace discrimination.  The New York City Human Rights Law protects against all of the forms of discrimination that are covered by Title VII and NYHRL.  Additionally, The City Human Rights Law has lesser requirements to make a claim for discrimination. 
  
If you have questions about whether to file your claim in federal or state court, an experienced Queens employee discrimination lawyer can help.

Discrimination Justice

Discrimination Justice

We Are Lawyers for Job Discrimination Justice


You do not have to tolerate illegal roadblocks when obtaining a job or accept working in a hostile environment.

We are here to protect you and your livelihood. Call Ricotta & Marks, P.C., at 347-464-8694 or send us an e-mail to schedule your free initial consultation today.

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Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

Contact Our Office347 - 464 - 8694