New York City Employment Discrimination Law Attorneys

RACE DISCRIMINATION IN EMPLOYMENT

The history of protection of employees against discrimination in the U.S. dates to at least the Civil Rights Act of 1866 enacted after the Civil War, which includes a section of the law known as 42 U.S.C. § 1981, or simply “Section 1981.”

  • Section 1981 prohibits a wide range of race-based employment discrimination and continues to be an effective law to protect employees today.

The Civil Rights Act of 1964 includes “Title VII.”

  • Title VII is a law of great power protecting employees against discrimination based on race, color, national origin, sex, and religion.

GENDER, SEX, AGE, AND DISABILITY DISCRIMINATION IN EMPLOYMENT

These laws work to protect employees in tandem with other landmark federal laws including:

  • The Equal Pay Act of 1963
  • The Age Discrimination in Employment Act of 1967 (“ADEA”)
  • The Pregnancy Discrimination Act of 1978
  • The Americans with Disabilities Act of 1990 (“ADA”)
  • The Genetic Information Nondiscrimination Act of 2008 (“GINA”)

NEW YORK LAWS PROHIBITING DISCRIMINATION

New York City and New York State also have their own detailed, comprehensive Human Rights Law and other laws protecting employees in all the above categories, and additional categories as well.

  • Most recently, because of the “me too” movement, both the New York City Human Rights Law and the New York State Human Rights Law were amended to include enhanced protections for victims of sexual harassment.

All these federal, state and city laws have differing requirements, procedures, and remedies.  As a result, they also carry with them a host of legal, procedural, and strategic pitfalls that can easily be fatal to even the strongest discrimination claim.  A few examples of such pitfalls include differing statutes of limitations, administrative exhaustion requirements, the binding election of remedies, limitations on employer coverage, and limitations on an employee’s potential recovery.

WHERE CAN YOU BRING A CLAIM?

Various forums are available to pursue claims under these laws as well, including the U.S. Equal Employment Opportunity Commission, the New York State Division of Human Rights, the New York City Commission on Human Rights, the federal courts, and the state courts.

This enormous legal complexity can sometimes make obtaining justice hard to achieve.  This is particularly true when an individual employee is seeking justice against a powerful, savvy employer who can draw on a wealth of attorneys and legal resources to protect it from suit.

CONTACT AN EMPLOYMENT ATTORNEY AT CARY KANE – 212.868.6300

What should you take away from all this information?  The reality, for better or worse, is this: It is practically indispensable for an aggrieved employee to have expert guidance and representation from an experienced employment attorney to assess, strategize, and prosecute claims of employment discrimination.  Attorneys at Cary Kane have dedicated their careers to representing employees and employee organizations. Our employment discrimination attorneys have a wide-ranging knowledge base and practical experience pursuing justice for employees. Call us today at 212.868.6300 for a free telephone review of your potential case.