Discrimination

Federal employment discrimination laws govern the right of individuals to be treated equally in the workplace regardless of their age, sex, race, religion, national origin or disability. Not only are employers prohibited from discriminating in the hiring, firing, demotion, and payment of employees, they must also protect employees against harassment or a hostile work environment based on the employee’s sex, race, or other legally protected characteristic. Job-related qualifications, merit, or any other basis used to select a certain few among others does not constitute illegal discrimination so long as the selection is not based upon a characteristic protected by law (such as gender or race). Discrimination laws also prohibit employers from retaliating against employees who file discrimination claims or otherwise oppose illegal discrimination. Certain state laws have gone even further to protect against discrimination based upon a person’s sexual orientation, gender identity, and other personal characteristics.

Many more laws prohibit discrimination beyond the workplace. For example, Title II of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion or national origin in public accommodations, such as hotels, motels, restaurants, gasoline stations, and places of public entertainment or exhibition. The Fair Housing Act prevents discrimination on the basis of race, color, religion, sex, handicap, familial status, or national origin in the selling or renting of housing. Other laws and regulations prohibit discrimination in public education and federally assisted programs.

The New York State Division on Human Rights provides information on New York State Civil Rights Laws and the New York City Commission on Human Rights provides additional information on New York City laws.

To find out which laws may protect you, please contact the knowledgeable attorneys at Taubman Kimelman & Soroka, LLP.