Workplace Discrimination Legislation Defined by an Employment Discrimination Lawyer

hands on computer keyboard Employment Discrimination LawyerWith the assistance of an employment discrimination lawyer, it’s possible for people to define their rights as an employee. Anyone who believes that their rights have been violated by an employer may contact the Law Offices of Delmas A. Costin Jr. As part of a Bronx employment discrimination law firm with a solid track record, these attorneys have the knowledge, skill and experience t help you fight discrimination.

Federal Laws and the EEOC

The laws of the U.S. guarantee that everyone has the right to work. A large part of those laws are directed toward protecting people from discrimination. Broadly, everyone in America is protected from workplace discrimination. A federal government department known as the EEOC is charged with enforcing the majority of these laws while the Department of Justice or another agency may oversee others. The Title VII of the Civil Rights Act of 1964 Laws against employment discrimination are constantly evolving. One of the earliest and most important of these acts is Title VII of the Civil Rights Act of 1964. This is one of the most recognized statutes designed to protect employees from discrimination. According to Title VII, no employer may discriminate against an employee based on:

  • Race
  • Color
  • Religion
  • National origin
  • Sex

Accordingly, your employer cannot make a hiring decision based on your gender, nor can they bar people of a certain religion from being considered for employment. Employers are also directed to “reasonably accommodate” the religious practices of employees as long as no undue hardship is placed on the business. Moreover, Title VII precludes employers from retaliating against employees who file or participate in a discrimination claim. With its broad protections against discrimination it’s easy to see why many other laws reflect Title VII. As broad as Title VII was, it needed refinement. In 1978, the Pregnancy Discrimination Act was added to protect women from discrimination based on pregnancy or medical conditions related to pregnancy. This amendment meant that women could not be fired or retaliated against simply because they were pregnant.

Other Federal Legislation

Another important law was enacted in 1963. This law guaranteed equal pay for men and women who perform the same responsibilities. Other significant legislation came into being in 1967 with the passage of the Age Discrimination in Employment Act. Any employee aged 40 or older may not be discriminated against based on their age. Thus, an employer cannot fire you solely because you are 65. Doing so would likely result in a claim of age discrimination with the assistance of an employment discrimination lawyer.

Protection for Americans with Disabilities

Title I of the Americans with Disabilities Act of 1990 marked another important protection against discrimination. This law prohibits employers from making hiring, firing and other personnel decisions based upon a person’s mental or physical disability. Employers are also called upon to make reasonable accommodations to make it possible for a person with a disability to perform their work. Essentially, the law recognizes that a qualified individual with a disability is as viable as an employee as one without a disability and an employer cannot decide to hire one candidate over the other solely based on the disability of the rejected applicant.

When the Law Doesn’t Apply

These laws and others like them are important to every American. However, it’s important to understand that all employers are not covered by these laws. For instance, small businesses that have 15 or fewer employees may not be subject to all of these statutes. Figuring out which laws apply to your employer is relatively complicated, which is another reason why it makes a great deal of sense to consult with a knowledgeable employment discrimination lawyer. It’s also helpful to know that the state of New York imposes its own anti-discrimination laws. Some of the protected statuses under state law include:

  • Sexual orientation
  • Marital status
  • Military status
  • Political activities
  • Criminal accusations
  • Lawful recreational activities engaged in outside of work hours

Accordingly, people living and working in New York may have protections over and above those that are offered by the federal government. This means that even more employees are protected against unlawful discrimination. While your employer may not be covered by a federal law because of their small size New York state law may still apply, enabling you to make a claim against them. Proving employment discrimination isn’t always easy. In most cases, it’s necessary for the employment discrimination lawyer to conduct an exhaustive investigation in an attempt to collect evidence. While these claims may require time, an experienced attorney has the knowledge required to streamline the process as much as possible.

Contact an Employment Discrimination Lawyer

If you think you may have been discriminated against by an employer, contact an employment discrimination lawyer at the Law Offices of Delmas A. Costin Jr., at (877) 440-0854.

 

 

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