Workplace Discrimination or Harassment: What You Should Do

3 Key Takeaways

  1. Report the behavior to Human Resources (HR) right away and put your complaint in writing.

  2. Document every incident with as much detail as possible, dates, locations, witnesses, and what was said or done.

  3. Use clear, accurate language when you report. Say “sexual harassment” or “racial discrimination,” not vague terms like “personality conflict.”

What to do if you’re facing harassment or discrimination at work

If something at work feels wrong because a colleague’s comments make you uncomfortable, or you’re being treated differently because of your race, gender, disability, or another protected characteristic — you don’t have to just push through it. Knowing the right steps to take early on can make a real difference in protecting yourself and your rights. Here’s what you should know.

Report the behavior right away

The first thing you should do is report what’s happening to your Human Resources (HR) department. Your employer isn’t expected to know about every incident unless someone tells them, and under the law, reporting is something employees are expected to do. The sooner you make a formal complaint, the sooner there’s an official record of what’s been happening.

It’s also important to know that there are time limits on when you can file a complaint. Under federal law, most employees must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 to 300 days of the most recent incident. Don’t wait.

Document everything you can

You’re not legally required to keep a personal log of every incident, but any good employment attorney will tell you: document as much as you can, as soon as you can. If the harassment is ongoing, keep a record, even something as simple as an email to yourself, noting:

  • What happened and what was said or done
  • The date and time it occurred
  • Where you were and who else was present
  • What you and the other person were wearing
  • Any other details you can recall

The more specific your notes, the stronger your account. Harassers almost never act in front of witnesses, which means your detailed, contemporaneous record can be one of the most important pieces of evidence in your favor.

Use the right words when you report

This one matters more than most people realize. When you go to HR, be specific about what kind of conduct you’re describing. You don’t need to cite legal statutes — you just need to be clear.

There’s a big difference between saying “we have a personality conflict” and saying “he makes comments about my body and I don’t find it appropriate.” The first leaves the door open for HR to treat it as a minor workplace squabble. The second makes clear that you’re describing sexual harassment. HR representatives are trained to listen, sometimes without taking notes, so that they can later claim their recollection was unclear. Using precise language protects you against that.

Make your complaint in writing

Whenever you report to HR, follow up in writing. Use your company’s email system to document that you made a complaint. After any in-person meeting, send a brief thank-you note that recaps what you discussed and what you asked HR to look into. This creates a paper trail that’s hard to dispute later.

Understand what “continuous violation” means

If the harassment has been happening repeatedly over time, even if incidents are spread out, there’s a legal argument that may apply to you called a continuous violation. Under this doctrine, you may not need to have filed a complaint after every individual incident. If the behavior is similar in nature and has occurred with some regularity throughout your employment, the law may allow your claim to reach back to when the conduct first started.

This applies to sexual harassment, racial harassment, and harassment based on disability, among other protected categories. Even if you’re only now reaching your breaking point, your rights may extend further back than you think.

You don’t have to navigate this alone

There’s a lot you can do on your own: keep a log, go to HR, document your complaints in writing. But for the best outcome, having an attorney in your corner from the beginning makes a real difference. A lawyer can help you document things properly, make sure you’re using the right language, and guide you through each step of the process.

If you believe you’re experiencing workplace discrimination or harassment and aren’t sure what your options are, reach out to our team at VKV. We’re here to help you understand your rights, and to fight for them.

Arbitration Agreements at Work: What You’re Signing Away and What You’re Not

When you start a new job, you’re handed a stack of paperwork. Offer letters, handbooks, direct deposit forms, and somewhere in the mix, often without much explanation, an arbitration agreement. Most people sign it without a second thought. But understanding what that agreement actually means can be genuinely important if something goes wrong down the road.

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$60 Million Settlement Holds New York City Accountable for Property Seizures That Stripped Homeowners of Their Equity

New York City has agreed to a $60 million proposed class action settlement with homeowners whose properties were seized in Round 10 of the City’s Third Party Transfer (TPT) program without compensation for the equity they had built in their homes.

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How to Prepare a Strong Discrimination Claim Against Your Employer

3 Key Takeaways

  1. Workplace discrimination is illegal under both federal and New York State law, and you have protected rights whether you’re currently employed, job hunting, or have already been let go.

  2. Documentation is your most powerful tool: The earlier you start keeping records, the stronger your case will be.

  3. Time limits for filing a discrimination claim are real and strict, speaking with an employment attorney as soon as possible can make all the difference.

What you should do if you think you’re facing discrimination at work

If something feels wrong at work, if you’re being treated differently, passed over, or pushed out based on who you are, you don’t have to just accept it. Workplace discrimination is illegal, and you have real options. This guide walks you through exactly what to do to protect yourself and build the strongest case possible.

Know your rights: Who is protected and from what

Under federal and New York State law, employees and job applicants are protected from discrimination based on specific “protected characteristics.” These include:

  • Race, color, and national origin
  • Sex, including sexual orientation and gender identity
  • Pregnancy, childbirth, and related medical conditions
  • Religion
  • Age
  • Disability
  • Genetic information

One important note on age: The federal Age Discrimination in Employment Act (ADEA) protects workers who are 40 or older. But in New York, the protection is broader; New York State’s age discrimination law covers workers 18 and older.

These protections apply across nearly every aspect of employment, including hiring, firing, pay, promotions, job assignments, training, and other terms and conditions of work. You are also protected from retaliation if you report discrimination or cooperate with a discrimination investigation.

Start documenting right away

If you believe you’re experiencing discrimination, documentation is your most important tool, and the sooner you start, the better. Here’s what to keep track of:

  • Emails, texts, memos, or any written communications related to the incidents
  • Detailed notes about verbal conversations: dates, times, locations, exactly what was said, and who else was present
  • Any performance reviews, commendations, or records that demonstrate you were meeting or exceeding expectations
  • A running log of each discriminatory incident as it happens, with as much detail as possible

Keep in mind that recording laws and company policies vary by state, so be mindful of what’s permitted where you are. When in doubt, stick to documenting your own observations and communications you’re already a part of.

Report it — in writing

Once you’ve started documenting, report the discrimination through your company’s official channels — whether that’s your supervisor, Human Resources (HR) department, or an ethics or compliance hotline. The key here is to do it in writing, even if the company’s process allows for verbal reporting. A written report creates a paper trail and establishes that your employer was notified.

Hold on to copies of everything you submit and any responses you receive. If the behavior continues after you’ve reported it — or if you face any pushback or retaliation for speaking up — document that too.

Understand the filing deadlines

This is one area where many people run into trouble without realizing it: There are strict time limits for filing a workplace discrimination claim. Under federal law, you generally have 180 to 300 days from the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC). New York State has its own deadlines as well.

The EEOC’s filing process outlines your options step by step. Missing these windows can affect your ability to pursue a legal claim, which is why it’s so important to act quickly and not wait to see if things improve on their own.

Talk to an employment attorney

You don’t have to figure this out alone, and honestly, you shouldn’t try to. An employment attorney can review your situation, tell you which laws apply, help you avoid common missteps, and make sure you meet all the necessary deadlines. Even a single consultation early on can give you a much clearer picture of where you stand and what your options are.

This is especially important if your employer is already taking steps against you — like putting you on a performance improvement plan, reducing your hours, or creating conditions that make your job harder. These can sometimes be signs of retaliation, and a lawyer can help you recognize and respond to them.

Take care of yourself, too

Dealing with discrimination at work is genuinely hard. It can affect your confidence, your focus, and your sense of security. Lean on the people you trust, whether that’s friends, family, or a mental health professional. Taking care of yourself through this process isn’t a distraction from your case, it’s part of getting through it.

You have more support than you might think

Workplace discrimination can feel isolating, but the law is on your side — and so are the people at Valli Kane & Vagnini. If you believe you’re being discriminated against at work, reach out to our team at VKV. We’ll listen, walk you through your rights, and help you decide on the best path forward.

Former Walmart Team Lead Files Federal Lawsuit Alleging Sexual Harassment, Retaliation, and Failure to Protect Employee

A former Walmart team lead has filed a federal lawsuit alleging that the retail giant failed to protect him after he repeatedly reported workplace sexual harassment and ultimately retaliated against him by terminating his employment.

The lawsuit, filed in the U.S. District Court for the Eastern District of New York, alleges violations of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Shawn White, who worked for Walmart from 2019 through 2023 at stores in Uniondale and Valley Stream, claims the company failed to properly investigate his complaints, failed to enforce its own workplace policies, and retaliated against him after he repeatedly sought help through internal reporting channels.

According to the complaint, White reported alleged harassment to supervisors, Walmart’s Ethics department, and Associate Relations over a period of several years. The lawsuit contends that the company either failed to adequately investigate his concerns or provided only limited responses without explaining what corrective action, if any, had been taken.

The complaint further alleges that after White reported the conduct, he experienced a pattern of disciplinary actions that culminated in his termination. White contends the disciplinary record was used as a pretext for retaliation, despite his history of positive performance evaluations.

“Ultimately, I just want Walmart to do better,” White said. “They have systems and things in place, or they claim to, but I wasn’t helped by that system.”

White’s attorney, Matthew Berman, from Valli Kane & Vagnini, couldn’t agree more, saying: “A harassment policy only means something if the company enforces it. Walmart had the protocols on paper, but Shawn White was left unprotected when it counted. We brought this case to turn his experience into real accountability and real change.” 

White’s case has received support from the Time’s Up Legal Defense Fund at the National Women’s Law Center.

“Sex harassment is, at its core, about an imbalance of power. It affects people of every sex and gender identity,” Jennifer Mondino, senior director of the Time’s Up Legal Defense Fund at the National Women’s Law Center, said in a statement. “Too often, men and people who don’t identify as women face additional stigma and disbelief when they come forward.”

Mondino added, “Workers should never face retaliation for reporting abuse, and Walmart must answer when they fail to protect their workers.”

Federal and New York law prohibit employers from retaliating against employees who report unlawful workplace harassment or discrimination. Employers also have a legal obligation to take complaints seriously and conduct appropriate investigations when concerns are raised.

Berman spoke about what this lawsuit could mean for other Walmart employees, saying “It takes real courage to come forward against a company the size of Walmart. Shawn White did it not just for himself, but so the next employee is met with protection instead of silence. We’re proud to represent him.“

White’s lawsuit seeks lost wages and benefits, compensatory damages, damages for emotional distress, attorneys’ fees, and other relief. The allegations remain pending before the court, and Walmart has denied the claims by declining to comment on the active litigation.

You can read additional coverage about the case in the Long Island Herald.

New York City Bans Appearance-Based Discrimination

3 Key Takeaways

  1. New York City now prohibits discrimination based on height and weight in employment, housing, and public accommodations under the New York City Human Rights Law (NYCHRL).

  2. The law applies to employers with four or more employees and took effect November 26, 2023 — meaning if you have faced this type of discrimination, you may have legal options.

  3. Certain limited exemptions exist, but stereotypes or generalizations about body size are not a valid defense under the law.

Your appearance shouldn’t determine your opportunities

New York City just took a meaningful step forward for workers’ rights. If you’ve ever felt like you were passed over for a job, denied housing, or treated differently in a public space because of your height or weight, you should know that this is now illegal in NYC. Here’s what the new law means, who it protects, and what you can do if you believe your rights have been violated.

What the law actually says

On May 26, 2023, Mayor Eric Adams signed legislation amending the New York City Human Rights Law to add height and weight as protected characteristics. The law took effect on November 26, 2023, and makes it illegal for covered entities to discriminate against someone based on their actual or perceived body size. That protection covers three key areas:

Employment: Hiring, firing, promotions, pay, and conditions of work

Housing: Rental applications, lease terms, and access to housing

Public accommodations: Hospitals, gyms, restaurants, theaters, and similar spaces

The law covers employers with four or more employees (or one or more domestic workers), housing providers, and public accommodations. In other words, most workplaces and public-facing businesses in New York City are covered.

Are there any exceptions?

Yes, but they’re narrow. An employer can only factor in height or weight when:

Federal, state, or local law specifically requires it for the job

The NYC Commission on Human Rights has issued a regulation permitting it for that particular role

Height or weight is genuinely essential to performing the core functions of the job and no reasonable alternative exists

Importantly, vague concerns about health, appearance, or company image are not valid defenses. The law is clear that stereotypes and speculative health assumptions about body size do not justify discrimination.

NYC joins a growing movement

New York City is part of a broader national trend toward protecting people from size-based discrimination. Michigan has banned height and weight discrimination statewide for decades, and cities including Binghamton (NY), Madison (WI), San Francisco (CA), and Washington, D.C. have similar protections. Several states — including New York State, New Jersey, Massachusetts, and Vermont — are actively considering statewide legislation as well.

As Mayor Adams put it when signing the bill: it shouldn’t matter how tall you are or how much you weigh when you’re applying for a job, looking for a place to live, or simply going out in your own city.

What this means if you think you’ve been discriminated against

If you believe you were passed over for a job, fired, denied housing, or treated unfairly in a public space because of your height or weight, you have the right to file a complaint with the NYC Commission on Human Rights. You can also pursue a private lawsuit with the help of an employment attorney.

Here are some examples of what could constitute a violation:

A job posting that specifies a weight or height requirement unrelated to the duties of the role

Being denied a promotion or terminated because of how you look

A landlord refusing to rent to you based on your body size

Being denied entry to or treated differently at a gym, restaurant, or hospital based on your appearance

Know your rights — we’re here to help

Discrimination based on how you look is demeaning and, in New York City, it’s now against the law. Understanding your rights is the first step. If you think you’ve experienced appearance-based discrimination at work, in housing, or in a public space, reach out to our team at VKV. We’re here to listen, help you understand your options, and stand up for you if your rights have been violated.

Can I Bring a Hostile Work Environment Claim on the Basis of Disability in New York? 

If you’ve been dealing with harassment at work because of a disability, you may be wondering whether what’s happening to you actually “counts” legally. The answer depends on where you work and which law applies — but New York workers have some of the strongest protections in the country.

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Workplace Discrimination? Get that Complaint Filed!

3 Key Takeaways

  1. Federal law protects employees from many forms of workplace discrimination — and most states add even more protections on top of that.

  2. There are strict deadlines for filing a complaint. Missing them can cost you your right to take action, even if your case is strong.

  3. You don't have to have all the answers before reaching out. Getting informed early can make all the difference.

You have more protection than you might think

If you've experienced harassment or discrimination at work, you should know that the law is on your side, and has been for decades. Federal law protects employees from a wide range of mistreatment on the job, and understanding those protections is the first step toward knowing what your options are.

What the law actually covers

The foundation of workplace discrimination law in this country is Title VII of the Civil Rights Act of 1964. Before it was passed, some federal protections existed, particularly around race and national origin, but Title VII significantly expanded those rights. Today, it protects employees from discrimination and harassment based on:

Race

Sex (including sexual orientation and gender identity)

National origin

Religion

Age

Disability

Any employer with 15 or more employees is subject to Title VII, and because it's a federal law, it applies the same way in every state.

The role of the EEOC

Title VII also established the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for receiving and investigating workplace discrimination complaints. If you want to bring a discrimination claim in federal court, you're generally required to go through the EEOC's process first. Think of it as a necessary first step before anything can move forward legally. You can learn more or start a complaint directly through the EEOC's website.

The deadlines you really need to know

This is where a lot of people get tripped up, so pay close attention. Under Title VII, you typically have 180 calendar days from the date of discrimination to file a complaint with the EEOC. However, if your state has its own workplace discrimination law, which most do, including New York, that window extends to 300 days.

A handful of states, like New Mexico and Georgia, don't have their own statutes, which means those employees are limited to the 180-day window.

Here's the part that matters most: The clock starts ticking when the harm occurs. You can't wait two years to see how things play out and then file. If the deadline passes, your claim can be completely barred, even if what happened to you was serious and clearly wrong.

One important exception: Ongoing harassment

There's something called a "continuous violation" that many employees don't know about, and it can actually work in your favor. If you experienced repeated harassment over a period of time, say, months of unwanted comments or advances, the deadline doesn't start from the very first incident. It starts from the last occurrence. So if the harassment was ongoing, you may have more time than you think.

The best time to reach out is now

You don't need to have everything figured out before talking to someone. In fact, the earlier you get information, the better. Whether you eventually decide to take action or not, knowing where you stand, and how much time you have, can protect your options down the road.

If you think something at work hasn't felt right, contact us or visit the EEOC's resource page to learn more. A quick conversation now could make a real difference later.

Interpreting Title VII

For decades, there was a live debate about whether federal law protected LGBTQ+ employees from workplace discrimination. The argument went like this: Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin — but it never explicitly mentioned sexual orientation or gender identity. Congress had considered expanding the law but never passed it. Courts were split. Workers in some states had protection; workers in others didn’t.

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