Employment discrimination laws seek to prevent discrimination by employers based on race, sex, religion, national origin, physical disability, age, and sexual orientation. Specific discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and certain types of harassment. The New York City labor law attorneys at the Derek T. Smith Law Group, PC can help you determine if you have been a victim of employment discrimination.
According to New York City labor law attorney Derek T. Smith, Esq., most laws have identifiable elements to determine whether you were treated unlawfully. However, discrimination claims fall into a different category. Many times, these cases come down to circumstantial evidence, which may not be enough to win a judgment. In determining the validity of your case, you need to consider whether you have substantial proof that you suffered a type of harm called an adverse employment action.
The U.S. Supreme Court has narrowly defined an adverse employment action to mean a significant change in employment status, such as a demotion or termination, as a result of race, color, national origin, sex, religion, age, disability, or sexual orientation. Under this definition, you must prove that you suffered direct financial harm to win a discrimination claim.
In addition, the U.S. Supreme Court has broadly defined an adverse employment action to mean any action on the part of an employer that could dissuade a reasonable worker from making or supporting a charge of discrimination. Examples would include punishment for making discrimination complaints or participating in discrimination investigations. Under this definition, both financial harm and non-financial harm can be used to prove you suffered adverse employment action.
Employment discrimination cases can be very complex and difficult to prove. An experienced labor attorney in New York City can advise you of your rights and develop a strategy for pursuing a claim in court and as part of a settlement.
If you are the victim of an unlawful employment practice, you must act quickly. Employment discrimination and retaliation cases have very short time frame within which you may file suit. You cannot miss your deadline by even one day. If you do, you will lose your case.
If you are the victim of labor discrimination, speak with an experienced labor law attorney in New York City right away. The skilled New York discrimination attorneys at The Derek T. Smith Law Group, P.C., are ready to fight for and protect your rights. Our goal is to get the best possible results for you. Please feel free to contact Mr. Derek T. Smith, Esq. personally at the law firm of The Derek T. Smith Law Group, P.C. by calling our toll-free number 1-877-4NYLAWS today.
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