Frequently Asked Questions About Workplace Discrimination in New York

Answers from premier New York City employment law attorneys

The application of discrimination laws quickly becomes complicated. These cases are highly subjective to the individual facts of the case and it can be difficult to uncover the evidence necessary to realize justice. You need an attorney that can effectively navigate the system, establish a clear discrimination case and hold employers accountable. If you have been the victim of workplace discrimination, you need the skillful New York City employment law attorneys at Hepworth, Gershbaum & Roth, PLLC.

Schedule a free initial consultation with experienced New York City employment law attorneys for the answers you need

We want you to be informed and know your legal options. At Hepworth, Gershbaum & Roth, PLLC, our New York City employment law attorneys offer free initial consultations to victims of workplace discrimination. To schedule an appointment, call us at 212-545-1199 or contact us online.

Do anti-discrimination laws apply to small businesses?

Only business with three or fewer employees are exempt from a majority of anti-discrimination laws. Businesses with four or more employees must not violate labor discrimination laws, or face penalties to victims.

What do I need to prove to win an employment discrimination lawsuit?

There are two essential elements that give you grounds to file an employment discrimination lawsuit. First, you must be the member of a protected class (age, sex, religion, disability, etc.). Second, that you were treated differently due to your membership within that class.

Which disabilities are protected under the Americans with Disabilities Act (ADA)?

The ADA was intended to be interpreted broadly for the protection of as many persons living with disabilities in the workforce as possible. You are protected under the ADA from any form of workplace discrimination for any physical or mental disability you have that substantially limits any major life activity.

If my boss places restrictions or limitations on how I exercise my religious beliefs, is that illegal discrimination?

It is illegal for your employer to discriminate against you or harass you on the basis of your religious beliefs. However, not all religious behaviors are protected and not all businesses have the same obligation to accommodate your needs. Our New York City religious discrimination attorneys are here to answer all of your questions about your rights in the workplace.

Can you be fired if you are pregnant?

It is not illegal to fire a pregnant woman. It is illegal to fire a woman for being pregnant. Employers may go out of their way to find some unsubstantiated cause to justify terminating you for reasons other than being pregnant. We go after those employers to uncover the truth and rightful compensation.

When does an employer discriminate against a disabled employee by not making accommodations?

Employers have a duty to make reasonable accommodations for employees that have disabilities. There are no clear standards about what expense or additional actions are considered “reasonable.” These cases come down to which New York City disability discrimination attorney is best capable persuading the court that your employer was unreasonable in refusing to make accommodations.