Workplace Harassment & Discrimination Lawyer in New York

Fighting For New York City Employers and Businesses

Given today's diverse workforce and ever-changing labor laws, it's imperative for employers to be proactive in preventing workplace harassment and discrimination. Understanding the different types of claims, complying with legal requirements, and implementing preventative measures are key to fostering a safe and respectful workplace. 

Allegations of workplace harassment or discrimination can cost hardworking business owners everything they have worked to build. At IX Legal, our experienced New York workplace discrimination attorneys help companies defend against allegations of discrimination and harassment in the workplace that seek to damage their hard-earned reputations. 

If you've been accused of harassing or discriminating against employees in the workplace, turn to a firm you can trust to prioritize your goals and protect your livelihood. Our knowledgeable attorneys offer affordable, high-end representation to employers and business owners and provide virtual and in-person consultations to accommodate your unique needs. Our workplace harassment lawyer in New York is here to assist you. 

Strong representation is crucial to defend your business against wage and hour claims. Contact our firm to request a consultation with our workplace harassment & discrimination attorney in New York.

What Are the Workplace Harassment & Discrimination Laws in New York?

In New York, workplace discrimination and harassment violations are governed by various local, state, and federal laws. New York employers must pay attention to the following important local and state laws that prohibit workplace harassment and discrimination:

• New York State Human Rights Law (NYSHRL) — The NYSHRL prohibits discrimination and harassment based on several protected characteristics, including race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, and marital status, among others. This law applies to employers with 4 or more employees.
• New York City Human Rights Law (NYCHRL) — The NYCHRL provides broader protections than the NYSHRL, as it extends to any employer with at least 1 employee. This law prohibits discrimination and harassment at work based on a wide range of protected characteristics. In addition to the aforementioned protected classes under the NYSHRL, the NYCHRL also prohibits workplace discrimination or harassment based on caregiver status, credit history, and unemployment status.

Understanding these laws is essential for maintaining compliance and protecting your organization from potential legal challenges. As legislation evolves, aligning business practices with these changes is an ongoing necessity. Employers should consider policy reviews and updates to ensure they remain in full compliance, helping foster a culture of respect and accountability in the workplace.

Federal Laws Governing Workplace Discrimination

Employers in New York must also comply with vital federal anti-discrimination and anti-harassment laws, including:

• 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): This act 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. If your business needs guidance to stay compliant with local and federal requirements, a knowledgeable workplace discrimination attorney in New York can help you address questions and avoid legal pitfalls.

Fight harassment at work with a trusted workplace harassment attorney in New York. Contact us online or call (646) 760-3456 today for legal support!

How Our Workplace Harassment & Discrimination Attorney Can Help Your Business

Business owners can face significant legal challenges when it comes to discrimination and harassment claims in the workplace. Such misconduct is legally prohibited under local, state, and federal law, making it all the more crucial for New York employers and companies to understand and comply with these regulations at all costs to avoid losing everything they have worked hard to build.

First and foremost, hiring a workplace harassment attorney is essential when facing allegations of workplace harassment or discrimination. 

A qualified lawyer can provide needed counsel and guide your legal steps by: 

• Assessing the merits of the claim: An experienced NYC lawyer can review the allegations against you to determine if the discrimination or harassment claim has merit and guide your legal steps accordingly.
• Navigating complex legal requirements: A skilled attorney can help employers and business owners understand and comply with confusing federal, state, and local regulations governing workplace harassment and discrimination.
• Developing a defense strategy: A well-rounded advocate can work with you to develop a tailored defense strategy that addresses the specific circumstances of the claim while protecting the best interests of the company or business.
• Representing your business in negotiations, mediations, or litigation: In workplace harassment and discrimination lawsuits, a skilled lawyer can represent employers and business owners in negotiations, mediations, and litigation to obtain a favorable resolution on your behalf.

At IX Legal, our accomplished litigators prepare each case for trial and are never afraid to litigate aggressively on our client's behalf when needed. 

Partnering with a legal team experienced in workplace harassment and discrimination not only equips businesses with defense strategies but also provides ongoing advisory support. We at IX Legal offer proactive evaluations of internal policies and training programs to aid in cultivating a workplace free from discrimination. This readiness and efficiency can prevent potential disputes from escalating into litigation.

Understanding and adhering to workplace harassment and discrimination laws not only reduces the risk of costly legal disputes but also cultivates an environment of respect and inclusivity. This proactive stance demonstrates a commitment to maintaining the highest standards of workplace ethics and compliance, pivotal in sustaining employee morale and productivity. As a business operating in New York, it's imperative to consult with professionals who are fluent in local legislation nuances and can offer tangible strategies for legal compliance.

Common Defenses Against Workplace Discrimination & Harassment

When facing allegations of workplace harassment or discrimination, employers have several possible defense strategies:

• 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 according to New York or federal law.
• 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.

What 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 become part of your evidence if you filed a complaint with your employer's HR department or through other internal channels. If your employer failed to address your concerns adequately, this could strengthen your case.
• 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.

When Should You Consult a Workplace Harassment Attorney?

Understanding when to seek professional legal support is essential for business owners navigating workplace harassment or discrimination claims. If internal investigations, HR procedures, or company policies do not resolve allegations, or if claims escalate to external agencies such as the New York State Division of Human Rights, consulting a legal professional becomes highly advisable. Guidance from a discrimination attorney in New York is especially valuable if you must respond to inquiries from the New York City Commission on Human Rights or defend your interests before the New York Supreme Court.

Employers may also want to consult a workplace harassment attorney when developing or updating workplace policies, handling complex or sensitive investigations, or preparing for potential mediations and hearings. Legal counsel can identify potential areas of risk and help businesses adapt policies to comply with new rules introduced at the local or federal level. By working with an attorney, employers can better prevent missteps that could otherwise lead to costly litigation or fines under New York employment law.

Common situations where employers should seek legal counsel include:

• Receiving an official summons from the New York State Division of Human Rights
• Handling allegations involving multiple employees or high-level staff
• Facing uncertainty about local or state law compliance

By seeking timely legal advice, businesses in New York can respond confidently, fulfill their obligations, and maintain a positive workplace culture. Proactive consultation with a workplace discrimination lawyer in New York helps protect your organization's interests in both routine and high-stakes circumstances.

For trusted legal guidance, reach out to a knowledgeable discrimination lawyer in New York at IX Legal. Call (646) 760-3456 or contact us immediately to schedule your consultation.

Frequently Asked Questions

What Should I Do If I Experience Workplace Harassment in New York?

First, document each incident of harassment, noting dates, times, and details of the events. Engage your company's HR department by following any established reporting procedures outlined in your employee handbook. Seek support if you feel unsafe, and consider consulting with a workplace harassment lawyer in New York. Legal professionals can provide guidance tailored to your situation to ensure your rights are protected under New York's stringent labor laws.

How Can Employers Prevent Discrimination & Harassment in the Workplace?

Employers can start by creating a comprehensive discrimination and harassment policy, clearly mapping out reporting procedures. Training sessions educating employees about what constitutes harassment and discrimination are vital. Regular policy reviews help ensure compliance with the evolving legal landscape in New York. Establishing a culture that discourages discriminatory behavior through manager-led initiatives can significantly mitigate risks.

What Are the Legal Consequences for Employers Who Violate New York's Discrimination Laws?

The legal consequences for violating New York's discrimination laws can be severe, including hefty fines, mandatory retraining programs, and potential damage to reputation. Employers may face lawsuits resulting in monetary compensation for affected employees and possible government sanctions. A proactive approach to policy adherence safeguards against these potential pitfalls.

How Do New York City Versus State Laws Differ Regarding Workplace Discrimination?

While both New York State and New York City laws prohibit discrimination, the New York City Human Rights Law offers broader protections. It applies to employers with as few as one employee, covering additional categories like caregiver status and credit history. This makes compliance particularly crucial for businesses operating in NYC.

Can I Be Retaliated Against for Reporting Harassment or Discrimination?

Retaliation against employees reporting harassment or discrimination is illegal under both New York State and City laws. Protections are in place to ensure that employees can raise concerns about workplace conduct without fear of retribution. Legal recourse is available for those who face negative employment actions as a result of such reports. If you have been retaliated against, contact a discrimination attorney in New York right away.

Facing discrimination at work? A workplace discrimination lawyer in New York can help protect your rights. Call (646) 760-3456 or contact us online today!