NYC Discrimination Lawyer
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Everyone deserves to be treated equally. That's one of the founding principles upon which our country was established and which continues to guide our nation to this day. The same rights and laws should apply to all people in the United States.
Unfortunately, some people face discrimination. State and federal law recognizes that certain groups of people are deserving of protection from discrimination and harassment. That's why additional laws have been created to protect those individuals.
These protections are designed to prevent discrimination and harassment based on status, rather than ability. Private businesses and public entities (including city, state and federal entities including schools and government) in New York must abide by these rules. When they fail to do so, our Bronx discrimination attorneys at Giampa Law vigorously stand up for people's rights and defend them throughout New York State.
Types of discrimination cases
The Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against their employees who are part of a protected class; protected classes include those based on race, skin color, religion, age, sex (gender), disability or national origin. The Civil Rights Act of 1991 allows victims of employment discrimination to recover damages. The rights available under this Act are broader than those available under the Civil Rights Act of 1964.
- Age Discrimination
- Disability Discrimination
- Marital Status
- Pregnancy Discrimination
- Race or National Origin
- Sex or Gender Identity
- Sexual Orientation
There are two basic types of discrimination: Disparate Treatment & Disparate Impact.
Disparate Treatment is straightforward discrimination. Simply put, it is treating a person differently because of that person's race, gender, age, sexual orientation, disability, marital status, pregnancy or gender identity. Since disparate treatment involves purposeful and intentional discrimination, it is the simplest and perhaps ugliest form of discrimination.
Disparate Impact is subtler and more complex. Disparate impact discrimination is where some type of policy excludes a certain class of individuals, for instance from getting a job or being promoted. In other words, there is no policy that explicitly discriminates against a protected group; rather, an ostensibly neutral policy disproportionately affects a protected group. For instance, a company that eliminates a department which happens to consist of predominantly older workers may be committing age discrimination if there is no legitimate, non-age-related business reason to do so.
Why choose us
Our law firm was founded by a former homicide bureau prosecutor in the Bronx County District Attorney's office. We know how the justice system works in New York and know what it takes to win complicated legal cases.
Our attorneys have an impressive track record of success in discrimination cases in New York. In case after case, we consistently produce positive results. That's because we thoroughly understand the law and work tirelessly on every single case. And if you choose to hire us, we will keep you informed every step of the way.
If you or a family member has been harassed or discriminated against because you are a member of a protected class, contact us and schedule a free consultation. If you are currently engaged in a discrimination lawsuit and are unhappy with your present legal representation, contact our office to discuss having Giampa Law take over your case as substitute legal counsel.
Get serious about your discrimination case. Get Giampa Law.
Employees who are 40 years of age or older are protected from employment discrimination based on age. Under Federal, State and local laws, it is unlawful and illegal to discriminate against a person because of his/her age with respect to any term, condition or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training.
Some examples of Federal Statutes prohibiting Age Discrimination include:
- The Age Discrimination in Employment Act of 1967; this Act prohibits discrimination in employment of individuals over the age of forty (40).
- The Older Worker's Benefits Protection Act of 1990; this Act prohibits age discrimination with regards to benefits. Examples of benefits include both health benefits and retirement benefits.
- The Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against their employees who are part of a protected class; age is included as a protected class.
Age discrimination can take many forms. And since employers are often clever about hiding their discriminatory practices, age discrimination can be very subtle. Examples of age discrimination can include:
- Employer compensates younger employees with less experience and skill at a higher rate than older employees with more experience and skills.
- In an effort to save money, companies with financial difficulties fire or lay off older workers first since older, more experienced workers have higher salaries than younger workers who have been at the company less time.
- A boss gives an older employee an unfounded poor performance evaluation in order to use the evaluation as justification for demoting or firing the employee.
- An employer refuses to allow an older worker to take a training course offered to younger workers.
- A company refuses to hire anyone simply because they look older.
- Management turns down an older employee for promotion, instead hiring someone younger for the position.
- The employer is removing older employees and replacing them with younger employees.
Due to the at-times subtle nature of age discrimination, it is important to consult with an experienced, detail-oriented attorney at Giampa Law. If you believe that you are being discriminated against at work because of your age, you should be aware that laws exist to protect you from illegal and unlawful age discrimination.
If we believe you have a legitimate age discrimination case, we will tell you and explain all the legal options available to you. Depending on who your employer is (e.g., federal, state, or municipal employer) your time to file may be especially limited. Contact us immediately. We're eager to meet with you and discuss your concerns.
Employers in New York City cannot discriminate against individuals with disabilities or people who are perceived to have disabilities. City, state and federal laws exist which explicitly prohibit employers from engaging in such illegal behavior. Perceived disability discrimination occurs when the employer:
- Treats the employee unfairly because the employer believes the employee is disabled although he/she is not
- Has an unreasonable bias against the perceived disability or medical condition
- Believes that the perceived disability or medical condition may change for the worse in the future.
The federal Americans with Disabilities Act prohibits employers from discriminating against qualified individuals on the basis of an actual disability or perceived disability. Additional laws also exist in New York City and New York State designed to protect people with disabilities. The prohibition against disability discrimination, both against actual and perceived disabilities, includes discrimination involving all work-related procedures, including:
- Job training
- Conditions of employment
Employers also cannot allow the following discriminatory behavior in their workplace:
- Allow disparaging or insulting comments about a person's disability
- Refuse to make reasonable accommodations for employees with disabilities (including hours of work and workplace conditions)
- Refuse to provide handicap access to workplace
If you believe you are being discriminated against at work because of a disability or perceived disability, contact the attorneys at Giampa Law. We want to meet with you and discuss your concerns in person. Simply contact us and schedule your free case evaluation right now.
Employers cannot treat workers - or people applying for a job - differently based on their marital status. In the eyes of the law, all people must be treated equally at work or when applying for a job regardless of whether they are married, single, divorced or cohabiting - and whether they are in an opposite-sex or same-sex relationship.
If an employer refuses to hire someone or promote them because of their marital status, that employer has broken the law and can be the subject of a discrimination lawsuit. The same is true if the employer refuses to give certain work assignments or establishes different rules for employees (such as working hours or vacation time) based on an employee's marital status.
If you believe you're a victim of discrimination based on your marital status, contact Giampa Law. Our Bronx discrimination attorneys handle cases involving allegations of marital status discrimination throughout New York.
Employers cannot discriminate against women during their pregnancy or after giving birth to a child. Specific laws exist protecting new mothers, including the Pregnancy Discrimination Act of 1978 and the Family and Medical Leave Act (FMLA), which are enforced by the U.S. Department of Labor.
Examples of pregnancy discrimination can include:
- Refusing to hire a pregnant woman
- Firing an employee because she's pregnant
- Refusing to promote a pregnant worker
- Harassing an employee because she's pregnant
- Refusing to grant a new parent (including adoptive and foster parents) eligible time off (either paid or unpaid) to care for the child as outlined in the FMLA
If you suspect you're a victim of pregnancy discrimination in New York, contact our law firm immediately. One of our experienced, Bronx discrimination attorneys can meet with you and review the details of your potential case with you, free of charge. We're here for you when you need us most.
The Immigration Reform and Control Act of 1986 prohibits employment discrimination based on place of origin or citizenship status. Other federal and state laws in New York also exist to protect employees and applicants for employment from unlawful discrimination based on their race, color or natural origin in regards to hiring, promotion, compensation, termination, or any other condition, privilege, or term of employment. Employment decisions based on assumptions and stereotypes involving certain ethic groups (including perceived skills, abilities or work performance) is also prohibited.
Not only is intentional discrimination unlawful, but neutral job policies disproportionately excluding minorities are prohibited as well. Additionally, it is unlawful to discriminate against an individual by reason of any of the following: marriage to or association with those belonging to a different race, association with or membership in certain ethnic-based groups, and/or participation or attendance in educational institutions or places of worship associated with certain ethnic minority groups.
Employers must also create a welcoming work environment, where offensive comments and slurs about people's ethic background are not tolerated. If employers fail to do so, they could be held legally responsible for creating a hostile work environment which tolerates discrimination and racial harassment.
The fight to end racial discrimination continues to this day. When you stand up and speak out against racial or ethnic discrimination in New York City, you're not just asserting your rights. You're standing up for every racial and ethnic minority in this country. That's why we take such cases so seriously at Giampa Law. That's why our experienced Bronx discrimination lawyers our eager to meet with you.
Many federal and state laws exist in New York designed to protect workers from discrimination based on their sex or gender identity. Such laws include Title VII of the Civil Rights Act of 194 and the Equal Pay Act of 1963, which prohibits wage discrimination based on gender.
When employers make employment-related decisions based on someone's sex or gender identity, that employer has violated the law and can be subject to legal action. Employment-related decisions can include hiring, compensation, termination, promotion or other terms of employment, including work hours and working conditions.
If you suspect that you're a victim of sex or gender discrimination by your employer, contact our law firm as soon as possible. Our experienced Bronx attorneys offer a free case evaluation to all prospective clients. That way, you can find out if you have a legitimate case, free of charge.
And remember, you're not just standing up for your rights when you fight sex or gender discrimination. You're fighting for the rights of everyone. You're standing up to discrimination and saying, "This behavior will not be tolerated." You're demanding justice!
Discriminating against someone based on their sexual orientation is against the law in New York State. That's because New York legislators enacted the Sexual Orientation Non-Discrimination Act (SONDA) in 2002. SONDA prohibits discrimination based on someone's actual or perceived sexual orientation, which can include heterosexual, homosexual, bisexual or asexual individuals.
Employers in New York cannot make employment decisions based on someone's sexual orientation. This includes decisions related to hiring, firing or promoting a worker, as well as issues related to compensation, benefits, job training and education. Under SONDA, New York employers must treat all workers fairly and equally.
If you believe you have been discriminated against based on your actual or perceived sexual orientation, contact Giampa Law. Our Bronx discrimination attorneys have years of experience successfully handling such complex cases throughout New York. We know the law and know how to build strong legal cases. That's why we have such a strong track record of success. That's why we're eager to meet with you.