PHILLIPS & ASSOCIATES, Attorneys At Law, PLLC

In New York State, and New York City , workers are protected from discrimination in the workplace on the basis of race, national origin, age, sexual orientation, gender identity, disability, criminal conviction and other PROTECTED TRAITS. Illegal conduct can include verbal and physical harassment or adverse decisions relating to hiring, firing, wages, benefits, job assignments, promotions, or layoffs. Discrimination by any coworker, regardless of job title, relative level of authority, or membership in a protected category, is against the law.

-Race discrimination involves being treated differently on the basis of race or certain characteristics associated with race, such as hair texture, skin color, or facial features. It can also involve different treatment based on the race of one’s spouse or associates.

-Religious discrimination involves being treated differently on the basis of your religious beliefs. race or certain characteristics associated with race, such as hair texture, skin color, or facial features. It can also involve different treatment based on the race of one’s spouse or associates.

-National origin discrimination involves being treated differently on the basis of national origin, ancestry, ethnicity, accent, or perceived ethnic background. It can also involve different treatment based on the national origin of one’s spouse or associates.

-Age discrimination involves being treated differently treatment on the basis of age. Federal law protects employees over 40 from discrimination in the workplace (by any employer with more than 20 workers). New York City law includes additional protections against workplace discrimination based on perceived age.

-Sexual orientation discrimination involves being treated differently on the basis sexual orientation or perceived sexual orientation.

-Gender identity/expression discrimination involves being treated differently on the basis of gender identification, gender expression, or perceived gender identity. New York City law specifically prohibits discrimination against transsexuals, transvestites, or any “persons with traits not stereotypically associated with their gender.” These traits may include personality, clothing, hairstyle, speech, mannerisms, demeanor, vocal pitch, facial hair, body size, or body shape.

-Disability discrimination involves disparate treatment on the basis of disability. The federal Americans with Disabilities Act (ADA) requires employers covered by the law to provide “reasonable accommodations” to known physical or mental limitations of qualified employees. New York State and New York City laws also forbid termination of ADA-eligible employees on the basis of disability.

-Criminal conviction discrimination: In New York, an employer cannot automatically refuse to hire you and/or fire you because of an arrest or criminal conviction. If you have experienced discrimination due to an arrest or criminal conviction call us today. We may be able to assist you in fighting for your rights. Our consultation is free and there are no attorney fees unless we recover.

If you believe you are the victim of race, national origin, age, sexual orientation, gender identity/expression, disability, criminal conviction discrimination, or any other PROTECTED TRAIT, please contact PHILLIPS & ASSOCIATES for a free consultation.

If you have been subject to pregnancy discrimination, you may have a legal claim under federal, New York State, and/or New York City Human Rights Law. The attorneys at PHILLIPS & ASSOCIATES can help explain and protect your rights.


PREGNANCY DISCRIMINATION ACT

According to the Pregnancy Discrimination Act (PDA), women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other employees for all employment purposes.
-A woman cannot be fired, denied employment, demoted, deprived of benefits, or required to take a leave (unless able to perform her job) due to her pregnancy status.
-An employer cannot refuse to hire a woman because of its prejudices about pregnant workers or the prejudices or coworkers, clients, or customers.
-An employer may not subject pregnant workers to special screening procedures to determine ability to perform a job.
-Male employees may also have claims under the PDA for discrimination on the basis of a wife™s pregnancy status.

FAMILY MEDICAL LEAVE ACT (FMLA)

According to the Family Medical Leave Act (FMLA), qualified employers must allow workers who have taken a leave because of pregnancy, childbirth, or childcare duties to return to their former (or an equivalent) position.
-Pregnancy is treated as a temporary disability under the law.
-Employers must give pregnant employees the same benefits that they give to other employees with temporary disabilities: providing modified tasks, alternative assignments, disability leave, or leave without pay.
-Employers must hold open a job for a pregnancy-related absence for the same length of time jobs are held open for employees on sick or disability leave.
-Pregnant employees must be permitted to work or return to work as long as they are able to perform their jobs.

Your pregnancy should be a wonderful experience. You should not have to worry about losing your job at such a precious time. If you feel you have experienced pregnancy discrimination, speak with an attorney to understand your employment rights.