In the five boroughs, from the financial district towers of Manhattan to the vibrant startup culture in Brooklyn, your hard work and talent should be what define your career. Unfair treatment based on who you are, where you come from, or what you believe has no place in any New York City business.
If you believe your employer has made decisions about your job based on prejudice instead of your performance, you have rights. A New York City workplace discrimination lawyer can help you understand the powerful legal protections available to you under city, state, and federal laws.
Greenberg Gross LLP is a boutique trial law firm that represents clients in their most important cases. We understand that facing discrimination at work can impact your livelihood, your confidence, and your future. Our team is dedicated to holding employers accountable and pursuing justice for employees who have been wronged.
Why Choose Greenberg Gross LLP for Your High-Stakes NYC Workplace Discrimination Case?
When you are facing a difficult situation at work, the law firm you choose to stand with you can make all the difference. For over a decade, Greenberg Gross LLP has been the firm of choice for clients in high-stakes litigation. We were founded on the principle of bringing the highest level of trial advocacy to every case we handle. Our reputation for winning significant victories in the courtroom often encourages opponents to resolve cases favorably before a trial ever begins.
Our approach is built on preparation and a commitment to our clients. We have built state-of-the-art courtrooms inside our own offices to train every lawyer to think like a trial lawyer from day one. This means we approach every phase of your case—from initial evidence gathering to depositions—with a clear focus on how to best present your story.
What sets Greenberg Gross LLP apart includes:
- A Trial-Tested Record: We have a history of achieving extraordinary results for our clients in court.
- Strategic Case Development: Our lawyers are trained to view every case through the lens of a potential trial, strengthening your position at every step.
- A Client-Focused Mission: We were founded with a sense of mission to serve others, and that purpose drives us to advocate for employees facing discrimination and harassment.
- Nationally Recognized Advocacy: Our firm is consistently ranked among the elite litigation firms in the country, bringing a formidable reputation to your side of the negotiating table.
We are proud to stand up for employees and work to correct injustices in the workplace. The attorneys at Greenberg Gross are prepared to bring their considerable experience to your most significant matter.
Greenberg Gross LLP is ready to stand by your side
Understanding Workplace Discrimination in New York City
Workplace discrimination occurs when an employer takes an "adverse employment action" against an employee based on a protected characteristic. An adverse action is a negative decision that materially affects your job, such as being fired, demoted, denied a promotion, or having your pay cut. A protected characteristic is a personal trait that, by law, cannot be used as a basis for employment decisions.
New York City has one of the most protective anti-discrimination laws in the country—the New York City Human Rights Law (NYCHRL). This law, along with New York State and federal laws, provides a broad shield for employees.
Under these combined laws, it is illegal for most employers in New York City to discriminate based on:
- Age
- Race, color, and creed
- National origin
- Gender, gender identity, and gender expression
- Sexual orientation
- Disability or perceived disability
- Religion
- Marital or partnership status
- Pregnancy, childbirth, or related medical conditions
- Status as a caregiver or parent
- Military status or service
This is not a complete list, and the protections are broad. These laws are in place to foster a workplace where every individual is judged on their skills and contributions, not on personal biases.
Types of Unlawful Discrimination We Handle
Discrimination can appear in many forms. A seasoned New York City workplace discrimination lawyer can help identify when unfair treatment crosses the line into illegal conduct. At Greenberg Gross LLP, our attorneys handle a wide range of discrimination claims.
Race and National Origin Discrimination
This type of discrimination involves treating an employee unfavorably because they are of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). It can also involve discrimination because of a person's country of origin, ancestry, or accent.
This could look like being passed over for promotions in favor of less-qualified colleagues of a different race or being subjected to offensive comments about your heritage.
Gender and Pregnancy Discrimination
It is illegal to treat an employee differently because of their gender. This includes disparities in pay, job assignments, promotions, and termination. The law also explicitly protects employees from discrimination based on pregnancy, childbirth, or related medical conditions.
An employer cannot fire you, reduce your hours, or force you on leave simply because you are pregnant.
Age Discrimination
The Age Discrimination in Employment Act (ADEA) is a federal law that protects applicants and employees 40 years of age and older from discrimination on the basis of age. New York State and City laws offer even broader protections. Age discrimination can be subtle, often disguised as "downsizing" or a desire for "new energy," but if you notice a pattern of older, experienced employees being pushed out, it may be a sign of unlawful conduct.
Disability Discrimination and Failure to Accommodate
Employers are prohibited from discriminating against a qualified individual with a disability. Furthermore, they are required to provide a "reasonable accommodation" for an employee's known disability, unless doing so would cause an "undue hardship" on the business. A reasonable accommodation is a change to the work environment or the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.
Religious Discrimination
This involves treating a person unfavorably because of their sincerely held religious, ethical, or moral beliefs. The law also requires an employer to reasonably accommodate an employee’s religious practices, such as providing flexibility for prayer times or allowing for certain religious dress or grooming practices, as long as it does not impose an undue hardship on the employer's operations.
Sexual Orientation and Gender Identity Discrimination
New York has robust protections against discrimination based on an individual's actual or perceived sexual orientation, gender identity, or gender expression. This means an employer cannot make hiring, firing, or promotion decisions based on whether an employee is gay, lesbian, bisexual, transgender, or queer.
Recognizing Discriminatory Actions in the Workplace
Discrimination is not always as overt as a manager making an offensive comment. It is often more subtle, hidden within everyday employment decisions. Understanding what constitutes an adverse employment action can help you recognize when you may have a claim.
Examples of potentially discriminatory actions include:
- Wrongful Termination: Being fired for reasons related to a protected characteristic.
- Demotion or Failure to Promote: Being moved to a lesser role or repeatedly passed over for promotions that are given to less-qualified individuals outside your protected class.
- Unequal Pay: Being paid less than a coworker who performs the same or substantially similar work but is of a different race, gender, or other protected class.
- Harassment: Being subjected to unwelcome conduct based on a protected trait that is so severe or pervasive it creates a hostile work environment.
- Unfair Discipline: Being disciplined more harshly than other employees for similar infractions.
If you suspect that a negative action at work was motivated by bias, documenting the events and consulting with an attorney can help clarify your rights and options.
What Is a Hostile Work Environment?
Sometimes, discrimination doesn't come in the form of a single action like a firing or demotion. Instead, it can manifest as a pattern of harassing behavior that makes your work environment intimidating, hostile, or offensive. To be considered legally actionable, the conduct must be both unwelcome and severe or pervasive enough to alter the conditions of your employment.
This can include:
- Offensive jokes, slurs, or name-calling
- Physical threats or intimidation
- Ridiculing or mocking a person's accent, disability, or religious customs
- Displaying offensive symbols or pictures
- Unwanted touching or physical contact
A few stray comments may not be enough to create a hostile environment, but a consistent pattern of such behavior very well could. The key is whether the conduct unreasonably interferes with your ability to do your job.
Understanding Workplace Retaliation
The law protects your right to oppose discrimination without fear of punishment. Retaliation occurs when an employer takes adverse action against an employee for engaging in a "protected activity." It is illegal for your employer to punish you for standing up for your rights or for the rights of others.
Protected activities include, but are not limited to:
- Filing a charge of discrimination with an agency like the U.S. Equal Employment Opportunity Commission (EEOC).
- Complaining to your manager or HR about discrimination or harassment.
- Participating in a discrimination investigation or lawsuit (for example, as a witness).
- Requesting a reasonable accommodation for a disability or religious practice.
Retaliatory actions can range from termination or demotion to more subtle acts like being moved to a less desirable shift, being excluded from meetings, or being given an unfair negative performance review.
Steps to Take if You Believe You Are Facing Discrimination
If you suspect you are being subjected to unlawful discrimination, the steps you take can be important for protecting your rights. After you've left the office for the day and are in a safe place to think, consider the following actions.
Document Everything Meticulously
Keep a detailed, private log of all incidents of discrimination or harassment. For each entry, write down the date, time, and location of the incident. Describe exactly what happened and what was said. Include the names of anyone who was present or may have witnessed the event. Be as factual and objective as possible.
Preserve Evidence
Keep copies of any documents that could support your claim. This may include emails, text messages, performance evaluations, memos, pay stubs, and your employee handbook. Store these copies in a secure, personal location, not on a work computer or device. This evidence can be invaluable in establishing a pattern of discriminatory behavior.
Review Company Policies
Look at your company's employee handbook or internal policies. There should be a section on how to report discrimination and harassment. Following the company’s official procedure, if you feel safe doing so, can sometimes be a necessary step before taking legal action.
Understand Your Deadlines (Statute of Limitations)
There are strict deadlines, known as statutes of limitations, for filing a workplace discrimination claim. These deadlines vary depending on which government agency you file with. For instance, you generally have 300 days from the date of the discriminatory act to file with the EEOC, and one year to file with the New York State Division of Human Rights or the NYC Commission on Human Rights. Missing a deadline could prevent you from ever being able to bring your claim.
How a New York City Workplace Discrimination Attorney Can Help
Facing an employer's legal team on your own can be a difficult prospect. A workplace discrimination lawyer from Greenberg Gross LLP serves as your advocate, working to level the playing field and champion your rights. Our team can assist you in several critical ways.
An experienced attorney can provide support by:
- Evaluating Your Claim: We can listen to your story, review your evidence, and provide a candid assessment of the strengths and weaknesses of your potential case.
- Gathering Evidence: Our legal team can conduct a thorough investigation, which may include interviewing witnesses, requesting documents from your employer, and uncovering evidence to support your claim.
- Filing Agency Complaints: We can prepare and file all necessary paperwork with the appropriate government agencies, such as the EEOC or the NYCHRL, ensuring all deadlines and procedural rules are met.
- Negotiating a Settlement: Many discrimination cases are resolved through settlement negotiations. Our reputation as trial lawyers gives us a strong position from which to negotiate for fair compensation on your behalf.
- Representing You in Court: If a fair settlement cannot be reached, our trial-tested lawyers are fully prepared to present your case compellingly to a judge and jury.
Our goal is to shoulder the legal burdens so you can focus on moving forward. We are committed to seeking the justice and accountability you deserve.
New York City Workplace Discrimination FAQs
What kind of damages can I recover in a discrimination lawsuit?
Depending on the specifics of your case, you may be able to recover various types of damages. These can include back pay (wages and benefits you lost), front pay (wages you may lose in the future), compensation for emotional distress, and, in some cases, punitive damages, which are intended to punish the employer for particularly egregious conduct. An attorney can help you understand the potential remedies available in your situation.
Do I have to quit my job to file a discrimination claim?
No, you do not have to quit your job to file a claim. In fact, it is often advisable to continue working if you can, as quitting might affect your ability to recover certain damages. The law also protects you from retaliation for filing a claim while you are still employed.
What is the difference between filing with the EEOC, the NYS Division of Human Rights, and the NYC Commission on Human Rights?
These three agencies investigate discrimination complaints, but they operate under different laws with different procedures and timelines. The NYC Commission on Human Rights generally covers the broadest range of protected classes and offers some of the strongest protections for employees. An experienced workplace discrimination attorney can advise you on the most strategic venue for filing your claim based on the facts of your case.
My employer says I'm an "at-will" employee. Does that mean they can fire me for any reason?
While New York is an "at-will" employment state, meaning an employer can generally terminate an employee for any reason or no reason at all, this doctrine has a major exception. An employer can never fire you for an illegal reason, such as discrimination based on your race, gender, age, disability, or another protected characteristic.
How much does it cost to hire a workplace discrimination lawyer?
Many employment law firms, including Greenberg Gross LLP, handle these types of cases on a contingency fee basis. This means you do not pay any attorney's fees unless and until we recover a settlement or verdict for you. The fee is typically a percentage of the total recovery, allowing you to pursue justice without paying out-of-pocket costs.
What if the discrimination comes from a coworker and not my boss?
An employer can be held liable for harassment by a coworker if the employer knew or should have known about the harassment and failed to take prompt and effective corrective action. If you reported the behavior to a supervisor or HR and nothing was done to stop it, the company may be responsible.
Contact Our Trial-Tested New York City Workplace Discrimination Lawyers Today
You have the right to a workplace free from discrimination. If you believe your rights have been violated, you do not have to face this challenge by yourself. The attorneys at Greenberg Gross LLP are ready to listen to your story and discuss how we can help. Our firm has a long history of fighting for clients in their most important matters, and we bring that same dedication and powerful advocacy to every employment law case.
Contact us today for a confidential consultation to learn more about your legal options. Let us put our experience to work for you.