New York Workplace Harassment & Discrimination Attorney

Federal Laws Governing Workplace Discrimination

Further, key federal laws governing workplace discrimination and harassment in New York City include: 

• Title VII of the Civil Rights Act of 1964: Title VII prohibits discrimination based on race, color, religion, sex, or national origin. It also prohibits harassment that creates a hostile work environment or results in adverse employment actions, such as firing or demotion.
• Age Discrimination in Employment Act (ADEA): Under the U.S. Equal Employment Opportunity Commission, the ADEA protects employees who are 40+ years old from discrimination on the basis of age (“ageism”). 
• Americans with Disabilities Act (ADA): The ADA prohibits employers from discriminating against qualified individuals with disabilities and requires businesses to provide reasonable accommodations to help disabled employees perform their job responsibilities. 

By taking proactive measures to prevent harassment and discrimination and securing representation from an experienced workplace discrimination attorney, employers can navigate these challenging situations more effectively and protect their businesses from costly litigation and reputational damage.

Common Defenses Against Workplace Discrimination & Harassment

When facing allegations of workplace harassment or discrimination, there are a number of different defense strategies that can be argued for employers, such as:

• Lack of discriminatory intent: Employers can argue that any adverse employment actions were based on legitimate, non-discriminatory reasons, such as poor job performance, misconduct, or business necessity.
• Prompt and appropriate corrective action: If an employer can demonstrate that they took prompt and appropriate action to address the alleged harassment or discrimination once they became aware of it, they may be able to avoid liability.
• Failure to utilize internal complaint procedures: If an employee failed to follow the complaint procedures established by the employer, the employer may argue that they were not allowed to address the issue and resolve it internally before the lawsuit was filed.
• Statute of limitations: If the employee's claim is filed after the applicable statute of limitations has expired, the employer may be able to argue that the claim should be dismissed as untimely.
• Employee's failure to mitigate damages: Employers can argue that the employee failed to take reasonable steps to minimize the harm caused by the alleged harassment or discrimination, such as seeking alternative employment or requesting a transfer within the company.

Remember, it’s important to consult with a qualified workplace harassment attorney before making any legal decisions, as they can use their comprehensive knowledge of local, state, and federal employment laws to employ the most effective strategy on your behalf.

How Proof Do I Need in a Harassment & Discrimination Claim?

If you believe you have been subjected to workplace harassment or discrimination, collecting evidence is crucial to building a strong claim. The following types of proof can help demonstrate that you were treated unfairly or harassed:

• Documented Incidents: Keep a detailed record of each incident of harassment or discrimination, including dates, times, locations, and the people involved. This log can be critical in establishing a pattern of behavior over time. Include details about the nature of the harassment or discrimination and how it affected your work environment or job performance.
• Witness Testimony: If coworkers, supervisors, or others witnessed the harassment or discriminatory actions, their statements can strengthen your case. Witnesses can confirm your account of the incidents and provide additional credibility to your claim.
• Email, Text Messages, or Other Written Communications: Harassing or discriminatory behavior may be communicated through written channels. Save any inappropriate emails, text messages, social media posts, or written correspondence demonstrating the behavior. Even if the offensive content was sent in a private or non-work-related setting, it can still be used as evidence.
• Performance Reviews or Employment Records: In discrimination cases, discrepancies between performance reviews and job actions like termination, demotion, or disciplinary measures can support your claim. If your employer used vague or unjustified reasons to justify negative job actions, this could serve as proof of discriminatory intent.
• Company Policies and Reports: Review your company’s policies on harassment and discrimination and the steps outlined for reporting such incidents. Those reports should be part of your evidence if you filed a complaint with your employer’s HR department or through other internal channels. This negligence could strengthen your case if your employer failed to address your concerns adequately.
• Photos, Videos, or Audio Recordings: In some situations, visual or audio evidence may be available to demonstrate harassment or discriminatory behavior. For example, a video of someone making inappropriate remarks or an audio recording of a hostile confrontation may be compelling evidence. Remember New York’s laws regarding recording without consent before collecting audio or video evidence.
• Medical or Psychological Records: If the harassment or discrimination led to emotional distress, anxiety, depression, or other mental health issues, medical records from a therapist or healthcare provider can support your claim. These records may demonstrate the behavior's impact on your mental and emotional well-being.

Contact Our New York Workplace Harassment & Discrimination Attorney Today

Our accomplished advocates at KI Legal have extensive experience representing hardworking business owners and employers throughout New York and nationwide. No case is too big or small, and our firm will go to whatever lengths necessary to fight for justice on your behalf. 

Our skilled litigators, many of whom have invaluable experience as  litigators, prepare every case for trial and will stop at nothing to defend your hard-earned reputation. Reach out to our office to learn how our workplace discrimination attorneys can collaborate closely with you to restore your peace of mind and financial security.   

Defending against allegations of workplace misconduct requires experienced representation. Call (646) 766-8308 to discuss your case with our New York workplace harassment & discrimination lawyer.