Bronx employment lawyer Delmas A. Costin Jr. is often asked how people file a discrimination claim when they experienced workplace discrimination. Discrimination is prohibited both federally and in the state. Bronx labor laws define what is considered to be prohibited discrimination. Guidance is also provided for how to file a claim.
What Discrimination Is
Both employers and state agencies are prohibited from discriminating against you for specified prohibited reasons. In addition to those reasons, it is also against the law to discriminate against a person just because they filed a complaint or filed a lawsuit against the employer or the state agency that provides services. Discrimination occurs when someone acts in a manner that negatively impacts you due to a prejudice or a preference. It is prohibited by Bronx labor laws if such action is based on your race, age, gender, religion, genetics, disability, national origin, political beliefs, belief or affiliation, record of convictions and arrests, marital status, carrier status, sexual orientation, veteran status or retaliation. Federal labor laws further prohibit discrimination against people based on their status as a legally admitted immigrant.
Examples of Discriminatory Actions
An action is discriminatory if it has a negative impact. This can include a negative employment action at any stage, including during the hiring process, layoffs, firings, salary, bonuses, benefits and vacation and sick time accrual. Delays or denials of service for a prohibited purpose is also a discriminatory action.
What to Include in Your Discrimination Complaint
It is important that your complaint is thorough and provides all of the needed information. You should include your name, address, and telephone number as well as the names, addresses, and telephone numbers of all those who witnessed the discriminatory action or behavior. You also need to include the name of the agency or person that discriminated against you along with their contact information. When describing the discriminatory action, you need to describe when it occurred, how it occurred, and why it occurred from your perspective. You also need to state what type of basis or status you believe prompted the action. It is important to clearly describe exactly what happened. If there is additional information that you believe would be helpful in investigating your complaint, you should include it. Finally, both you and your attorney will sign the complaint.
Statute of Limitations
Both Bronx labor laws and federal labor laws have deadlines in place, after which you will be unable to file your complaint. Both require that you file the complaint no later than 180 days after the negative action occurred. It is thus important to seek help and to act quickly.
If the New York Labor Department Discriminated Against You
If the discriminatory behavior was directed at you by the New York Department of Labor or at one of their career centers, you have some additional options. You can then file your complaint directly through the agency or you can do so through the U.S. Department of Labor Civil Rights Center.
Who May File
You can choose to file a complaint on your own or you can have a representative, such as an attorney, file the complaint. They will also include their contact information.
Contact a Bronx Employment Lawyer
Because employment law is complex, you may want to get help from an attorney when you have experienced workplace or agency discrimination. An attorney may help with gathering your evidence and filing a well-supported claim. To speak with a Bronx employment lawyer at The Law Offices of Delmas A. Costin Jr., call (877) 440-0854.