New York Employment Lawyer

New York Employment Lawyer Helps With Employment Discrimination

The Laws of the United States as well as the Laws of the State of New York prohibit discrimination of persons on the basis of race, national origin, sex, color, age, disability, etc. Employment Discrimination Lawyer will help you to protect your rights. It is unlawful for any employer to treat its employee differently on the basis of the aforementioned factors. If you believe you became a victim of employment discrimination as harassment or disparate treatment, call New York employment lawyer today!

Law firm of Alena Shautsova offers help from experienced New York employment lawyers that will help you through the employment discrimination lawyer case.

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New York Employment Lawyer Expertise

Religious Discrimination

Religious discrimination occurs at one’s employment place quite often. It usually takes two forms: hostile environment and disparate treatment. Title VII and New York Human Rights laws protect sincerely held religious beliefs. Whether beliefs are sincere are determined by the person’s behavior, observance, history, attendance of religious services, observance of holidays, display of religious items. All these and other factors should be looked at in cumulative.

Hostile Environment

Hostile work environment takes place when a person is subjected to adverse employment actions and/or ridicule due to his/her religious beliefs. It can be in the form of offensive comments, remarks, or actions. It can be in the form of repeated discipline without a true reason for it. It can include a group of small, at the first sight insignificant actions on behalf of colleagues and especially supervisors that over time amounts to a stressful and hostile atmosphere at the work place.

Disparate Treatment

Disparate treatment takes place when a person is being treated differently than his/her colleagues due to his/her religious beliefs. This different treatment can be in the form of denial of training; denial of transfer; failure to promote; discipline; failure to address complaints; failure to pay equal pay; failure to provide equal benefits; failure to provide equal hours, etc.

Reasonable Accommodation

Under Title VII an employer must “reasonably accommodate” the religious observances and practices of its employees, up to the point of “undue hardship on the conduct of the employer's business.”   A covered entity will be able to establish undue hardship if it can show that the accommodation would require more than a de minimis burden. What does the law say? The "unanimous weight of authority" indicates that the "reasonableness of any given accommodation is a fact-intensive inquiry that depends on the totality of the circumstances." Haliye v. Celestica Corp., 717 F. Supp. 2d 873, 878 (D. Minn. 2010). Whether an employer has offered a reasonable accommodation or faced undue hardship ultimately "boils down to . . . whether the employer has acted reasonably."  Beadle v. City of Tampa, 42 F.3d 633, 636 (11th Cir. 1995) (citation omitted).

You can read more about the discrimination on religious basis at:

• EEOC COMPLIANCE MANUAL
• EEOC Enforcement Guidelines

If you are facing discrimination, you need a skilled lawyer to help you navigate the ever changing and complex aspects of Civil Rights law. Find out how an Employment Discrimination lawyer experienced in handling discrimination cases can help. Call today 917-885-2261.

Title VII of the Civil Rights Act of 1964 (Title VII)

This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.

The Pregnancy Discrimination Act

This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The Equal Pay Act of 1963 (EPA)

This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The Age Discrimination in Employment Act of 1967 (ADEA)

This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Title I of the Americans with Disabilities Act of 1990 (ADA)

This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

Sections 102 and 103 of the Civil Rights Act of 1991

Among other things, this law amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.

Sections 501 and 505 of the Rehabilitation Act of 1973

This law makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

The Genetic Information Nondiscrimination Act of 2008 (GINA)

Effective - November 21, 2009.
This law makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder or condition of an individual's family members (i.e. an individual's family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.