Lynch Schwab, PLLC

Discrimination Law in New York

As experienced White Plains discrimination lawyers, we understand how difficult it can be to come forward with allegations of unfair treatment in the workplace. Notwithstanding, our attorneys can walk you through every step of the process with integrity, competence, and confidentiality. As you can imagine, employment discrimination lawsuits are comprised of a number of state and federal procedural steps. As such, your best resource is our group of discrimination lawyers – all of which have extensive knowledge of the intricate laws inherent in any allegation of unlawful workplace practices.

Protected Classes

The first step to consider in any workplace discrimination lawsuit is whether you are within a protected class of individuals protected by anti-discrimination legislation. Currently, federal and New York laws consider the following personal characteristics as protected against discrimination:

  • Race
  • Color
  • Religion
  • National origin
  • Sex
  • Disability
  • Familial status
  • Creed
  • Marital status
  • Sexual orientation
  • Age (18 and over)
  • Military status

From there, your White Plains discrimination lawyers will help you determine if any other procedural or legal issues could possibly stand in your way of recover.

Statute of Limitations

A statute of limitations is essentially a time limit for a plaintiff to file a discrimination claim. In general, New York law imposes a statute of limitations of just three years from the date on which you were last discriminated against. Failure to file within this deadline could result in a complete waiver of your claim – and a total loss of the opportunity to collect damages from your employer. Several factors could “toll” this statute (i.e.¸ extend the time limit), including absence from the jurisdiction, incompetence, or incarceration.

Anti-retaliation Protection

One of the biggest obstacles facing any potential discrimination plaintiff is retaliation from the employer. In general, an employer is prohibited from retaliating against an employee who chooses to come forward with a report of discrimination, and doing so could result in a separate cause of action for damages sustained by an employee who is wrongfully terminated or demoted following his decision to report alleged discrimination. If you suspect retaliation, your discrimination attorneys can help you protect your job – and your rights.

To Whom Should You Report?

Employment discrimination is a state and federal issue. If you suspect discrimination, you must contact the federal Equal Employment Opportunity Commission (EEOC) before you will be able to commence an actual lawsuit. Concurrently, the New York State Department of Labor can help handle your case if you obtained your job through a NYS DOL referral or otherwise gained employment through the New York State career center. Overall, the procedural steps are complicated, and your best resources are the White Plains discrimination lawyers of Lynch Schwab – and we look forward to your call!

Contact an Experienced Discrimination Attorney Today

If you have endured unwelcome mistreatment at your job and would like to discuss your experience, please call the White Plains discrimination lawyers of Lynch Schwab today. To make an appointment, call our main office today at (914) 304-4353.