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
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At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:
Wage & Hour Disputes
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.
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.
Other Employment Law Issues
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:
- Gender discrimination
- Marital status discrimination
- Pregnancy discrimination and FMLA violations
- Sexual orientation discrimination, including transgender discrimination and harassment
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.
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.
New York State Laws Prohibit Discrimination in Employment
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.