Albany Workplace Discrimination Lawyer

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Workplace Discrimination Attorney in Albany, NY

There’s nothing unreasonable about wanting to be treated with respect and dignity at work. You should never have to worry about feeling insecure, disrespected, or discriminated against in the workplace. Workplace discrimination is illegal under New York’s comprehensive labor laws, as well as certain federal laws. If you feel you are being discriminated against at work, contact an Albany workplace discrimination lawyer for help with your case.

albany workplace discrimination lawyer

The legal team at Gattuso & Ciotoli, PLLC, understands how hard it can be to stand up against your employer in a workplace discrimination case. You may be afraid to take legal action out of fear of retaliation or losing your job entirely. That’s why you should hire an Albany workplace discrimination attorney to help you better understand the state’s workplace discrimination laws and how they may apply to your specific case. Our firm can provide you with the right resources.

Common Examples of Workplace Discrimination in Albany

If you choose to file a workplace discrimination claim in Albany, your case will be handled by the Albany County Supreme Court on Eagle Street, as that’s the court that handles state-level discrimination cases. If your case is federal, it will be handled by the U.S. District Court for the Northern District of New York. The Equal Employment Opportunity Commission (EEOC) received 88,531 workplace discrimination charges in 2024 alone. Federal cases are common.

Workplace discrimination is defined as unfair treatment, harassment, or denial of opportunities based on a protected characteristic such as age, race, skin color, gender identity, or sexual orientation, just to name a few. Unfortunately, it’s quite common throughout the country. In New York alone, there were 698 discrimination cases related to age, 1,367 related to disability, and 1,469 related to an employee’s sex.

It’s important to recognize what workplace discrimination can look like. Sometimes, you may not even be aware that you have been discriminated against until it has already happened to you. If you know what discrimination looks like, you can document it and prepare a case. Discrimination in the workplace is illegal under the New York State Human Rights Law. Here are some common examples of workplace discrimination you could face:

Termination. New York is an at-will employment state. This means that your employer is not legally required to give you notice if they fire you. They can fire you whenever they want for no reason at all. However, if you are fired due to discrimination, retaliation, or in violation of your employment contract, you should contact an employment lawyer to pursue legal action for wrongful termination.
Demotion. If your employer decides to demote you due to a protected characteristic, you may have grounds for a discrimination case. Make sure you document every interaction you have with your employer regarding this situation. It’s unfortunately common for employers to demote employees due to their age, their disability, or their pregnancy. That doesn’t mean you have to accept it.
Failure to hire. Employers are not required to hire everyone who interviews for a specific position. However, deciding not to hire a qualified applicant because of their race, gender, sexual orientation, religion, or other protected traits can result in a workplace discrimination case. Considering the impact such a case can have on potential applicants, the employer may want to settle out of court quickly to avoid a scandal.
Unequal pay. If you discover that a colleague of yours in the same position is getting paid more than you are, you should address it with your employer. It could be an oversight that’s corrected immediately. However, it could also be a sign of discrimination, especially if the higher-paid employee is a different race, gender, or sexual orientation from you. Being paid less for the same work can be infuriating and insulting.
Sexual harassment. Any kind of unwanted sexual interaction, including touching, groping, crass jokes, or demanded favors, is expressly prohibited under New York state law. If someone in the office is making you feel uncomfortable in a sexual way, you need to report that behavior immediately, or it may just get worse. If your employer does nothing about it, you should contact an employment lawyer to start building a case.
Refusal of reasonable accommodation. Everyone is entitled to reasonable accommodations in order to do their job properly. This is especially true if those accommodations are connected to their protected traits. For example, a pregnant employee may require a different chair. An employee of a certain religion may require different days off. Refusing these accommodations can be considered discrimination.
Discriminatory ads. When an employer is seeking a new hire, they may put out an advertisement describing their ideal candidate. While there’s nothing wrong with advertising for the job, an employer cannot include certain details that are considered discriminatory. For example, they can’t insist on only male applicants or refuse to consider pregnant applicants. That’s textbook workplace discrimination.
Hostile work environment. It does not take much to foster a hostile work environment. This happens when the people in power at the company turn a blind eye to offensive remarks, discriminatory actions, and bullying. Eventually, this behavior becomes the norm at the office, and you start dreading going to work. If your employer is fostering a hostile work environment, you need to reach out to an employment lawyer immediately.
Retaliation. If you discover that your employer is involved in illegal or unethical behavior, there’s nothing wrong with reporting that behavior to the right people. Unfortunately, it’s common for some employers to then retaliate against you out of revenge by making life at the office worse for you. Retaliation can take the form of a pay cut, a demotion, a hostile work environment, or outright termination.

Reporting Workplace Discrimination in Albany

If you want to report a situation of workplace discrimination, you should first retain the services of an experienced employment lawyer. They can help you file a complaint with the New York State Division of Human Rights or the EEOC, depending on the nature of your complaint and whether it violates state or federal law. Make sure you document the incident as thoroughly as you can.

FAQs

Is It Worth Pursuing Legal Action Against an Employer for Discrimination?

You will be the one who has to answer this question, but pursuing legal action against your employer for discrimination can ultimately be worth it if you have a strong case. The more evidence you have of your employer’s actions and the more you seek to gain in lost wages or emotional distress, the easier it can be to take legal action and hold your employer accountable for what they’ve done. A good lawyer’s help can make a considerable difference.

What Is the 80% Rule in Discrimination?

The 80% Rule is an EEOC guideline that indicates potential discrimination if the hiring rate for any group is less than 80%, or four-fifths, of the highest-selected group. While a violation of this rule does not equate to discrimination, it can be a sign that discrimination is potentially happening in the company. It can signify unfair hiring practices. No company should only be hiring one specific group of people over another.

Can I Take Legal Action for a Hostile Work Environment in New York?

Yes, you can definitely take legal action against an employer for a hostile work environment in New York. Before you do so, be sure to gather as much evidence as you can. This includes video and audio evidence, emails, texts, memos, and photos. Then, you should hire a workplace discrimination lawyer who can tell you whether you have a case. You will need to prove that your employer knew about the harassment but failed to do anything about it.

What Counts as Workplace Discrimination?

There are many different adverse behaviors that can count as workplace discrimination, and it’s important to be aware of what they all look like and how they all feel. Any behavior that is seen as unfair treatment of employees or applicants based on protected characteristics is seen as workplace discrimination. Some of the most common actions include retaliation, sexual harassment, unequal pay, hostile work environment, and failure to accommodate pregnancy.

Always Hire a Workplace Discrimination Lawyer

Finding out that you are being discriminated against in the workplace can be humiliating, frustrating, and confusing. It can make you question everything you thought you knew about your employer, and it’s understandable to want to hold them accountable for their actions towards you. That’s why it’s so important to hire a workplace discrimination lawyer, because you may not know how to do this alone.

At Gattuso & Ciotoli, PLLC, we can bring decades of focused experience and knowledge to your situation. We can help you gather the right evidence, build up a strong case that proves discrimination, and protect your interests throughout this ordeal. With the right lawyer, you can make sure your employer doesn’t do this to anyone else in the future. Contact us to speak to someone on our valued legal team who can help you put together a plan.

Albany, NY Workplace Discrimination Legal Resources