Employment Discrimination-Know Your Rights

Discrimination in the workplace may be difficult to define but when it occurs, you should be aware and ready to take action. Under no circumstance is employment discrimination okay. It is important to know what qualifies as unfair and what factors you should consider before filing a lawsuit against an employer. Understanding employment discrimination in the workplace is vital when it comes to knowing what you must do if it ever happens to you.
So What Exactly is Employment Discrimination?
Employment discrimination occurs when a job seeker or an employee is treated unfavorably or unfairly because of his/her race, skin color, national origin, sex, age, disability, religion, genetic information etc. Workplace discrimination also extends beyond hiring and firing, for example, suggesting preferred candidates in a job ad, denying certain employees benefits or compensation, and discrimination while issuing promotions and lay-offs. There are many more different forms of employment discrimination and laws to protect employees. Listed below are some of the most common cases:
Racial Discrimination – Racial Discrimination takes place when a potential employee, employee or a group of employees are treated differently or unfairly based on their race or because of characteristics associated with race including facial features, hair, or color of their skin. Title VII of the Civil Rights Act of 1964, prohibits discrimination based on race as well as color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
Age Discrimination – Age Discrimination comes about when an employee is treated in an unfair manner because of their age, for example, being treated poorly because you are ‘too old’. The Age Discrimination Employment Act (ADEA) protects employees who are 40 years old and older. In addition, under the NYHRL, Section 3-a, it states that it is unlawful for any employer to refuse employment or compensation to any person 18 years old and older because of their age.
Gender, Sexual Orientation, and Hostile Workplace Discrimination

  • Equal Pay-Gender discrimination includes sexual discrimination and/or sex-based discrimination. This occurs when any employer treats an employee in an unfair way or inequitable manner based merely on gender. This includes equal pay for men and women which is federally protected under the Equal Pay Act of 1963.
  • Sexual Orientation-Sexual Orientation discrimination also falls under this category when being homosexual, heterosexual, bisexual or trans gendered impacts the way you are treated in the workplace or during the recruiting process. This kind of discrimination is protected under the Civil Rights Act and would be further be protected in a bill that is still awaiting passage by congress called the Employment Non-Discrimination Act (ENDA).
  • Sex/Hostile Work Environment– Also protected under the Civil Rights Act, Sex/Hostile Work Environment is discrimination based in a sexual hostile environment. The “hostile environment” law also applies to harassment on the bases of race, color, national origin, religion, age, and disability.

National Origin & Religion Discrimination – Our country is widely mixed with people from different parts around the globe. National Origin discrimination occurs when an employee is ignored and/or treated poorly because of his or her accent, nationality, or ethnicity. Companies are required to fairly accommodate an employee’s religious and cultural beliefs as long as they don’t negatively interfere with the workplace environment. This act of discrimination is protected under Title VII of the Civil Rights Act.
Disability Discrimination- The Disability Discrimination Act focuses on the specific needs of the blind, partially blind, physically or mentally handicapped or people with disabilities. Disability is defined by the Americans with Disabilities Act of 1990 (ADA) as a physical or mental impairment that considerably limits a major life activity. Discrimination includes denying employment opportunities to people who are disabled but qualify for the position or not accommodating the known physical/mental limitations of disabled employees
Pregnancy Discrimination-There are laws that protect pregnant women and people with disabilities under the Civil Rights Act and the Pregnancy Discrimination Act. Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions. Additional rights are available to women and others under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor.
If you feel you may be a victim of employment discrimination, let us help you protect your rights. Call the Law Offices of Valli Kane & Vagnini today for a free consultation.

Gay Workers Rights in New York State since the Passage of the Marriage Equality Act of 2011

The Gay Marriage Equality Act was signed on June 24th 2011

With the passage of same-sex marriage in New York, many individuals are wondering what if any effect it will have on employers and their obligations to their employees.  While there is currently no federal law in place to protect the rights of gay and lesbian workers, New York State has such a law.  In 2003, the New York legislature introduced the Sexual Orientation Non-Discrimination Act (SONDA), to combat discrimination against gay individuals in the workplace.
SONDA was passed on January 16, 2003.  The act “prohibits discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, education, credit, and the exercise of civil rights.”  Employees are protected against an employer’s discrimination whether or not the employer’s beliefs of the employee’s sexual orientation are true or false.  For instance, if an employer in New York State discriminates against their employee because they believe they are gay, even if the employee is not, they are still granted protection under SONDA.  SONDA specifically added “sexual orientation” to the already protected classes in New York, such as race, sex, and religion.  Because of SONDA, sexual orientation has become a protected class under State law, Human Rights law, Civil Rights Law, and Education Law.
The GMEA will take action on July 24th 2011

A New York employer cannot fire or withhold a hiring of an employee simply because of their sexual orientation.   If an employee was terminated, discriminated against or harassed in any way at their employment based on their sexual orientation, they should contact the New York State Division of Human Rights or an attorney.  Wronged employees can collect lost wages and benefits, as well as compensatory damages for their pain and suffering.
The one exemption under SONDA is when the discrimination comes from a “religious or denominational institution or an organization operated for charitable or educational purposes that is operated, supervised, or controlled by or in connection with a religious organization.”  In these limited circumstances, if the employee has been wrongfully terminated or not given a job opportunity based on their sexual orientation, the employer is not liable if the action taken was based on religious principles.  This exemption will not apply to public sector jobs or private for-profit companies.
On the federal level, the only protection against discrimination based on a person’s sexual orientation is given to employees who work for the government.  Aside from these circumstances, there is no federal law currently in place protecting employees based on their sexual orientation.  Being currently considered is the Employment Non-Discrimination Act (ENDA) of 2009.  With ENDA’s passage, employers would be prohibited from discriminating against an employee based on their sexual orientation and gender identity.  Additionally, ENDA would prohibit an employer from using a person’s sexual orientation or gender identity as a basis for hiring, firing, promotions, or compensation.  Unfortunately, ENDA is still only being discussed and is not yet on the books.  At this current time, there is still no federal level protection for employees who have been discriminated based on their sexual orientation in the workplace.
Although there is no federal level protection, employees who have been wronged based on their sexual orientation should still consider other avenues to pursue if such discrimination occurs.  For example, employers can be liable for other employment and labor law theories such as defamation, wrongful termination, invasion of privacy, negligent infliction of emotional distress and sexual harassment.  An employee who has been discriminated against based on their sexual orientation should not be discouraged with the lack of federal protection, but should rather contact an attorney and see what tools they do have at their disposal.
With the passage of the Marriage Equality Act in New York State, many of these discriminatory issues may come to light and have more presence in the future.  Employees who have lacked the right to marry in the past now can, and should, be free to exercise that right without caveat and repercussion.  If you have been discriminated against because of your sexual orientation, contact Valli Kane & Vagnini to see what your legal options and remedies are.