Employees may already know they are guaranteed certain rights by federal law. However, they may not know that federal laws generally set minimum requirements regarding an employee's rights and workplace disputes. Although state laws must abide by the requirements set by federal law, states are free to give their citizens greater protection than federal law provides. New York is no exception and takes full advantage of this opportunity.
Representing clients for over 40 years, Allred, Maroko & Goldberg is one of the most pre-eminent employment law firms in the country. Although we serve clients nationwide, we are devoted to giving you the personal attention you deserve. From our offices in New York City, our firm is well-positioned to serve clients throughout the state who have been victimized by discrimination, harassment and other civil rights violations. Our New York attorneys can be reached at 212-235-1449 or by email.
How Is Discrimination Law in New York Different?
Employees in New York state enjoy some of the most comprehensive protections against employment discrimination in the nation. Under the New York State Human Rights Law, it is illegal for employers with four or more employees to discriminate against employees or job applicants based on their:
- Sexual orientation
- Age (assuming that the employee or applicant is 18)
- National origin
- Marital status
- Status as a victim of domestic violence, stalking or sex offenses
- Genetic information
- Military status
Although some of these protections are also found in federal law, many are not. Generally, New York law offers protections to a greater number of people than federal law and the laws of most other states.
New York Anti-Retaliation Law
Like its laws against discrimination, the New York State Human Rights Law provides broad protection to employees who have been terminated or retaliated against by their employers because they reported discrimination or harassment or filed a discrimination or harassment claim. Additionally, it is illegal for New York employers to retaliate against employees for testifying or assisting in an employment discrimination or harassment legal proceeding.
Employees who complain of harassment or discrimination are protected from retaliation, even if it is later found not to be a violation of the Human Rights Law, as long as they had a good faith belief that the practices they complained of were unlawful.
Whistleblower Protection in New York
New York law also provides strong protections against retaliation for those who have witnessed and reported illegal activities in the workplace. In general, New York law forbids employers from discharging or otherwise retaliating against employees for participating in the following activities:
- Disclosing an illegal policy, practice or activity of the employer that presents a specific and substantial danger to public health or safety
- Testifying or providing information to a public body during an investigation or hearing concerning an activity, practice or policy that presents a specific and substantial danger to public health or safety
- Refusing to participate in or objecting to a policy, practice or activity that presents a specific and substantial danger to public health or safety
Under the law, employees who were wrongfully retaliated against may recover compensation for lost wages and other benefits, as well as seek reinstatement to their former positions.
Contact Us to Protect Your Rights
If you have experienced discrimination or harassment in the workplace or have been retaliated against for reporting discrimination, harassment or other illegal activities, the attorneys at Allred, Maroko & Goldberg can explain your legal rights and work to protect your employment. Contact our New York office at 212-235-1449 to take the first step toward protecting your rights.