Typically, equal access for groups is covered by equal opportunity legislation that governs:
- Hiring;
- Perks;
- Pay rates;
- Promotions; and
- Vacations.
Most equal-opportunity legislation includes some type of anti-discrimination language. Equal Employment Opportunity policy statutes in New York prohibit discrimination against a worker based on any of the following:
- Age, race, or country of origin;
- Political affiliation and beliefs;
- Gender;
- Religion;
- Disability; or
- Family status.
In addition, the State of New York offers protections to individuals who fall under several different categories. These include those who are genetically predisposed, carrier-status, veteran-status, or gay or straight. There are many other federal and state statutes that do not mention these specific categories.
Retaliation for employment discrimination is prohibited. This means that an employer cannot terminate a worker because they have filed a discrimination claim.
How Can I Show Discrimination in the Workplace?
Under New York labor laws, employees must establish a “prima facie” case of discrimination if they believe they may have encountered employment prejudice at work or during an interview. The following elements are typically necessary to prove that job discrimination is prima facie:
- The worker belongs to one of the protected classes listed above;
- The worker has experienced a negative work action, such as:
- A demotion;
- A loss of benefits;
- Being dismissed or terminated;
- Being forced to retire; or
- Not being hired or recruited because of protected qualities;
- The worker was qualified for the position but was denied the job for an illegal reason, even though similarly situated workers who do not possess the protected traits were treated more favorably by the employer.
If an individual has any questions about building a prima facie case of discrimination, they should consult with a local New York lawyer.
Why Is Pretext Crucial for Establishing Employment Discrimination?
Pretext, in the context of employment law, is a fictitious justification that is offered for a negative employment action, which conceals the real reason that an employer acted in the way they did. In these situations, an employer seeks to justify or create a pretext for actions that were taken against the employee that were not motivated by illegal or discriminatory motives.
For example, an individual might be terminated from their position because their employer learned they practiced Catholicism. In that case, the employer can argue that the employee was terminated due to a company reorganization instead of because of their religious convictions. Having the assistance of an attorney with gathering evidence that demonstrates the true motivations behind an employer’s behavior is important when filing a job discrimination claim.
How Is Pretext Decided Upon?
There are many different ways to establish the existence of pretext, including circumstances in which a pretext may be inferred from the illegal discrimination actions of an employer, including:
- Reasons for change: Employers that altered their justification for terminating the worker are more likely to be lying than employers whose justifications stayed constant throughout the conflict;
- Timing: The court may be able to infer workplace retaliation occurred if there was a short period of time between a protected activity and an adverse employment action taken against the worker;
- The evidence that demonstrates the existence of a pretext will be stronger the shorter the time period between the worker’s acts and their termination;
- Delay in dealing with employee behaviors: An employer may claim that a worker was fired for using foul language, having poor job skills, being careless with details, etc., but has employed that worker for a long time and has not noted or disciplined the same behavior in the past. If all of that is true, it is more likely that the reason was exaggerated in order to justify the worker’s termination; or
- Deviation from policy: An employer who has never terminated an employee for failing to do something, for example, lift thirty pounds, but now expects them to do so.
How Do I Make an Equal Opportunity Claim in New York?
Evidence of an individual’s membership in a protected class, their treatment by their employer, and any losses an individual incurred as a result of the discriminatory behavior is typically required to establish employment discrimination. Types of evidence that may be used to show discrimination include:
- A written record of the occurrence;
- Witness testimony;
- Proof of lost pay or promotions;
- Other types of evidence of discrimination.
In addition, it may support an individual’s argument if they can show that the management treated other groups in the same industry differently, for example, if other groups were promoted at the individual’s expense.
A state agency, for example, the New York Department of Labor, is often the first place that a New York equal opportunity case is filed. In order to determine whether there have been any violations, the Department may conduct an investigation.
The Department may also provide a cure for losses. Other alternatives include filing a claim with a government agency, such as the EEOC, or filing a civil lawsuit if permitted.
What Else Can I Do to Make My Case Against My Employer Stronger?
The testimony of eyewitnesses can help support a job discrimination case. For example, a witness may have heard an employer say something illegal about a worker because of their affiliation with one of the protected classes listed above.
A witness can also be called to provide testimony regarding an employee’s qualifications. If a worker was passed over for a promotion, for example, the individual who actually got the position can testify about their own qualifications.
An employer may have engaged in discrimination if a witness has less experience than the worker who was passed over for promotion. In addition, if an employee has documentation that supports their outstanding work performance, this can support their case.
This applies especially in situations where a worker was turned down for a promotion or terminated for subpar work. For example, a performance review or an email of congratulations praising a worker’s work product may be highly useful in proving an employment discrimination lawsuit.
Is an Employer Responsible for Discriminatory Acts Committed by Employees?
In the majority of cases, a worker is held vicariously liable for the conduct of their workers. In these situations, an employer may be held responsible if a manager engages in unlawful discrimination against a worker.
An employer, however, will usually not be held responsible for discrimination if the manager was operating outside of their power, for example, not within the obligations of their job description.
Alternatively, Can a Manager Be Held Personally Responsible for the Discriminatory Actions of an Employer?
A manager who was instructed to carry out an employer’s discriminatory request will not likely be held personally accountable for the employer’s request. This is because a manager can serve as an agent of the employer while not participating in the employer’s discriminatory intentions.
In this type of case, a manager is only following instructions in order to preserve their job, not because they believe it or because they desire to act in a discriminating way toward that employee. Because of this, management is typically not held accountable for discrimination.
Does Help With New York Equal Opportunity Laws Require Legal Counsel?
If you have any issues, questions, or concerns related to New York equal opportunity laws, it is essential to consult with a New York discrimination attorney. Equal opportunity statutes in New York aim to offer workers and prospective employees legal safeguards.
If you believe that your job rights have been infringed upon, your lawyer can review your case. Your lawyer can help you file your initial claim with the correct agency and, if required, represent you in court.
