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Employment Law Overview Protecting Employees. Fighting Back Against Injustice.

New York discrimination attorney

Understanding Discrimination Laws in New York, NY

In New York, employees are protected against various forms of discrimination under both state and city laws, including the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). These laws provide broader protection compared to federal laws, addressing discrimination based on race, color, national origin, disability, gender identity, sexual orientation, and more. They are crucial in fostering an equitable workplace environment and provide remedies such as reinstatement, back pay, and damages for emotional distress.

Navigating these laws can be complex, especially given the nuances that differentiate state from city statutes. Our firm, Arcé Law Group, is dedicated to helping you understand your rights thoroughly. We analyze each client’s situation through the lens of both NYSHRL and NYCHRL to devise robust strategies tailored to each unique case.

Call us today at (866) 426-7182 or contact us online to speak with a discrimination attorney in New York and get the trusted legal support you deserve.

Our Discrimination Lawyers Answer Your Basic Questions About Employment Law in New York

Have you been the victim of employment law violations in New York? Chances are, if you suspect wrongdoing by your employer, you probably have a host of legal questions. Don’t fret — our discrimination lawyers are here to provide legal guidance. Our New York discrimination lawyers at Arcé Law Group will provide you with some basic New Jersey, Pennsylvania, or New York employment law knowledge. We offer free initial consultations as well, so we can give you specific suggestions on how to proceed with your unique case.

The discrimination attorneys in New York at Arcé Law Group serve clients in and around Newark, Jersey City, and Princeton, NJ, Manhattan, Brooklyn, Queens, the Bronx, & Staten Island in NY, and Philadelphia, PA. For years, we have been protecting New Jersey, New York, and Pennsylvania workers from unfair treatment by their employers. We fight against even the most outrageous claims of discrimination, harassment, wrongful termination, civil rights violations, and wage & hour violations. Our comprehensive understanding of both state and federal employment laws allows us to effectively advocate for our clients' rights and secure fair outcomes.

What Types of Employment Law Claims Can I File?

Federal, state, and city laws protect employees from a variety of injustices at work. If you have been affected, you might consider filing one of these types of claims with the help of our lawyers:

  • Sexual Harassment — if you have been the victim of unwelcome sexual conduct at work.
  • Discrimination — if you are a member of a protected class and have been treated unfairly as such.
  • Wrongful Termination — if you were fired under illegal circumstances.
  • Wage & Hour Violations — if you were underpaid or forced to work overtime without pay.
  • Family & Medical Leave Violations — if you were treated unfairly or fired for taking family or medical leave.

Confused about whether you qualify? The attorneys at Arcé Law Group offer free initial consultations in New Jersey, Pennsylvania, or New York employment law cases. During these consultations, we assess the details of your situation and outline potential legal strategies that could be employed to pursue your rights effectively. Our goal is to empower you with the necessary information to make informed decisions about your legal journey.

What is an ‘Employee’?

Generally speaking, an ‘employee’ is a person who performs services and is under the control and direction of another. However, your status as an employee might differ if you are working as a contractor, an independent contractor, or an hourly worker. It's essential to clarify your employment status, as it influences your rights and protections under employment laws. Our New York discrimination attorneys can assist in determining your precise status to ensure you receive appropriate legal coverage.

What is an ‘Employer’?

In legal terms, an employer is a “legal entity that controls and directs a servant or worker under an express or implied contract of employment and pays (or is obligated to pay) him or her salary or wages in compensation.” Understanding the definition of an employer is crucial because it sets the parameters for legal responsibilities and liabilities in employment relationships. If you have questions about your employer's obligations, our attorneys can provide clear guidance tailored to your circumstances.

What Does it Mean to be an ‘At-Will’ Employee?

In New Jersey, workers are classified as ‘at-will’ employees. This means you can be fired at any time, for any reason. However, employment laws do protect you from certain types of unfair treatment, discrimination, and wrongful termination. Employees need to understand both the freedoms and limitations of at-will employment. By consulting with our team, you can uncover specific protections available to you and how to effectively leverage them to safeguard your job security against unreasonable employer actions.

What is the EEOC?

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including sexual harassment), gender (including pregnancy), national origin, age (40 or older), disability or genetic information. The EEOC investigates discrimination claims and guides best practices. Engaging with the EEOC can be pivotal in a discrimination case, requiring detailed documentation and a precise understanding of your rights. Our attorneys are well-versed in navigating interactions with the EEOC and can guide you through each step of their process to strengthen your case.

Our Commitment to Justice in New York

At Arcé Law Group, we believe in providing a staunch voice for employees facing discrimination in New York's challenging job market. New York City's diverse and dynamic working environment requires a nuanced approach for resolving cases of discrimination, and our firm prides itself on bringing personal attention and deep local knowledge to each case.

Our hands-on approach means we stand with you from the initial consultation through resolution, ensuring you are well-informed and supported every step of the way. By operating on a contingency fee basis, we eliminate financial barriers, allowing you to pursue justice without the stress of upfront legal fees.

Frequently Asked Questions

How Can I Prove Discrimination at My New York Workplace?

Proving discrimination workplace involves gathering evidence that demonstrates unfair treatment based on a protected characteristic. This can include direct evidence such as emails or statements from supervisors that explicitly show bias. Additionally, documentation of the discriminatory practice impacting your employment status or working conditions is crucial. Witness testimonies from colleagues who have observed discriminatory behavior can further substantiate your claim.

In New York, both circumstantial and direct evidence are important. Keeping a detailed log of incidents, dates, times, and involved parties can be invaluable. At Arcé Law Group, our discrimination lawyers in New York can assist you in compiling and interpreting such evidence to build a solid case. We'll help ensure your documentation aligns with the legal standards set forth by both state and city laws.

What Should I Do If I Experience Workplace Retaliation?

Retaliation involves an employer taking adverse action against an employee who has engaged in a protected activity, such as filing a discrimination complaint. If you suspect retaliation in your workplace, it's essential to document each instance meticulously, noting changes in job duties, performance evaluations, or any disciplinary measures that seem unjustified. Keeping such records helps establish a causal link between your protected activity and the negative actions taken by your employer.

Contacting an attorney promptly is critical to protect your rights. The Arcé Law Group team can guide you on the immediate steps to take, including informing your HR department or filing a claim with appropriate agencies such as the EEOC or the New York State Division of Human Rights. We provide guidance and legal protection to navigate this challenging process.

Empowering Employees to Take Action

See how we've helped professionals fight back against harassment and retaliation
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    How Long Do I Have to File an Employment-Related Lawsuit in New Jersey?

    You have between one and six years to file an employment EEOC lawsuit in NJ, depending on the type of claim and which laws you apply to the case. The time to bring a charge to the EEOC is shorter. Here is a basic breakdown:

    (Note that there are several additions and exceptions to the list below — contact the experienced employment law attorneys at Arcé Law Group to discuss your specific situation further)

    Employment law is particularly complex. At Arcé Law Group, our main focus is on employment-related cases, giving us the advantage over the competition. We are passionate about representing employee rights. We believe in standing up for “the little guy.” Our extensive experience in this field means that we are continuously abreast of any new developments in employment law, ensuring that our clients' cases benefit from the most current legal standards and practices available.

    What Are the Remedies for Discrimination Claims in New York?

    In New York, successful discrimination claims can result in various remedies. Employees may be entitled to compensatory damages, which include back pay, front pay, and compensation for emotional distress. Additionally, punitive damages may be awarded if the employer's conduct was particularly egregious. Other potential remedies include reinstatement to the employee's previous position if they were wrongfully terminated, changes in the employer's policies or practices to prevent future discrimination, and reimbursement for legal costs and attorney fees.

    Engaging in a discrimination lawsuit can be a lengthy process, but with a seasoned discrimination lawyer in New York from Arcé Law Group, clients are supported through each stage, from filing to resolution. We are committed to pursuing the most favorable outcomes and ensuring that justice is served, strengthening employer accountability, and fostering fair workplace practices across New York City.

    Stand up for your rights. Call now at (866) 426-7182 or contact us online to connect with our dedicated discrimination lawyer in New York.

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    Take the First Step Toward Justice If you’ve experienced sexual harassment, retaliation, or workplace misconduct, you don’t have to face it alone. Contact Arce Law Group today for a free, confidential consultation. We’ll listen, guide you through your options, and fight to protect your rights.