Workers in New York or anywhere else who are mistreated by their employers may be entitled to due process. A complaint filed with the Equal Employment Opportunity Commission (EEOC) may help a person obtain relief. The EEOC may order that an individual is entitled to compensatory damages or reinstatement to his or her former position. In some cases, individuals may be given a financial award and reinstated to their most previous position within an organization.
Financial damages could help a person make up for lost wages or back pay related to discriminatory conduct on the part of an employer. People who are terminated and seeking back pay must make a good faith effort to find new employment to mitigate their losses. Companies may also be required to provide training or take other steps to correct whatever mistakes led to an individual being harassed or discriminated against. If an employee was bypassed for a job, the EEOC may require that this person be given the position or one similar to it.
The company itself will have to show that a job is similar to the position that an individual was wrongly denied. Typically, this means that it has similar duties and is within a reasonable distance from where the victim lives. If no positions are available, the person who got the job could be removed and replaced by the individual who filed the complaint.
Those who feel as if they are victims of age discrimination or workplace harassment may want to file a claim with the EEOC. This may be done with or without the assistance of legal counsel. However, a lawyer may ensure that a discrimination claim is filed in a timely manner and assist with anything that happens after a claim is made.