In New York, employees are protected from discrimination under New York State and federal laws. Under these laws, it is illegal to discriminate against someone who is an employee or a job applicant.
Not only do these laws protect employees and job applicants, they go even further by making it illegal to discriminate against people who have filed a discrimination complaint, or against people who have participated in a lawsuit or investigation.
What is discrimination?
When someone acts based on their preference or prejudice, it's called "discrimination." Under New York State and federal laws, you are discriminated against when someone treats you differently in a negative way, which has an adverse impact upon you.
Someone can be discriminated against because of their:
- Age
- Race
- Gender
- Genetics
- Pregnancy
- Disability
- Religion
- Marital status
- Veteran status
- Sexual orientation
- Nation of origin
- Arrest and conviction record
- Political affiliation or beliefs
For example, you were not promoted because you are a woman, or you were not hired because of your race, or you were not promoted because you had a DWI on your record.
Essentially, discrimination occurs in the workplace whenever someone is not hired or promoted due to any one of the factors listed above.
Harassment is another form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans With Disabilities Act of 1990.
Harassment refers to unwelcome conduct that is target against a victim because of pregnancy, race, color, sex, age, national origin, or age (40 and older).
Conduct is considered "harassment" and therefore unlawful when: 1) the victim must endure the offensive conduct as a condition of employment, and 2) the conduct is severe enough that any reasonable person would consider the work environment to be hostile, intimidating, or abusive.
Contact DeLorenzo, Grasso & Dalmata
Are you a victim of employment discrimination? Contact DeLorenzo, Grasso & Dalmata to schedule a free consultation with a Schenectady employment discrimination attorney.
Named among the most experience law firms in the Capital Region Business Review, we are qualified to represent you!