Federal, state and city laws prohibit employers from discriminating against or harassing employees or job applicants based on certain classifications, including but not limited to:
- Sex and gender
- Sexual orientation
- National origin
- Pregnancy status
- Marital or parental status
- Domestic violence victim status
- Arrest or criminal history
Independent contractors are generally not protected from discrimination, except in some cases under city law.
Visit our blog for more about the key anti-discrimination laws, including a full breakdown of the damages (remedies) available and applicable standards, requirements and procedures under each law.
These laws make it unlawful to discriminate against a person with respect to any term, condition or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training. The laws also make it illegal to enforce policies that impact members of one group more than other groups, unless there is a legitimate business need for such policies.
In many instances, the anti-discrimination laws also prohibit harassment or any adverse employment action against an individual based on the perception or belief that such individual is a member of a protected group (even when that perception is wrong) or based on the individual's association with a person or organization of a particular protected group.
Most discrimination laws apply a "mixed-motive" theory of proof, whereby an employer is liable for discrimination if an employee's protected class (i.e., race, religion, etc.) was a "motivating factor" for an employment decision, even though other factors were taken into account.
Contact Fisher Taubenfeld LLP
We offer a free and confidential phone consultation in which you can discuss your workplace mistreatment. Send an email or call 646-741-3490, toll free 866-654-0343, to speak with an experienced New York workplace discrimination lawyer.
Serrins Fisher LLP was dissolved effective September 1, 2016. Liane Fisher and Michael Taubenfeld are happy to announce their new practice, Fisher Taubenfeld LLP. To reach Alan Serrins please call (212) 384-0202.