Workplace discrimination is a sensitive issue to American workers from all economic strata and social backgrounds. Many employees are in constant worry of unfair discrimination at work, and may misinterpret acceptable activities as unjust treatment. Whether you run a small business or lead a global corporation, you must be aware of discrimination claims and take them seriously each time they arise.
Mahir Nisar Attorney at Law and our team of New York employment law attorneys can provide you with intelligent, strategy-minded legal counsel if you or your company have been accused of discriminating against an employee. With a background in commercial litigation, we have the knowledge and know-how necessary to handle discrimination cases for all sorts of business, big and small, national and international.
Contact our firm today to get a better understanding of your rights and options in such a delicate legal case.
To better understand the accusations of discrimination being filed against your company or business, knowing the basics of protected classes is necessary. In short definitions, a protected class is any sort of characteristic or identifying factor of an individual that cannot be disrespected, disregarded, or targeted by discrimination in the workplace. Most workplaces do not need to adhere to protected class regulations as long as 14 or less employees hold occupation there; exceptions do apply so it is better to err on the side of caution when making an executive decision.
Federal protected classes include:
New York State also recognizes the following as protected classes:
The law defines workplace discrimination as any special or unique treatment given or not given to an employee based on a protected class. For example, it would be unlawful to fire – or not hire – an applicant merely because he was 41 years old. Due to the many nuances that lead to employment decisions in companies big and small, it is not surprising to see how employees could misinterpret certain actions or choices by management and ownership to be discrimination.
When you participate in any sort of company action that affects employees, it is important to remember to be thorough in your reasoning and explanations. You will want to show that you had the right to make that decision based on information that does not depend on a protected class, such as job performance.
Actions that could potentially lead to a discrimination lawsuit if not prepared correctly may include:
Our New York employment lawyer can provide professional guidance backed by unrivaled understanding of employment law and business litigation for your discrimination claim. We will want to explore all possible avenues to end the confrontation as smoothly as possible. In some situations, this may mean discussing negotiations or settlements quietly in case there is evidence to suggest a lapse in judgement or administrative error did constitute discrimination. In other cases, preparing for litigation to tenaciously protect your name, rights, and finances may be necessary.
Know your options in detail during an initial case evaluation.