Sex, Age, Gender, Race Discrimination2019-05-19T15:48:16+00:00

Sex, Age, Gender, Race Discrimination

It may seem as if our country has come a long way when it comes to equal rights in the workplace, particularly since the Civil Rights Act was passed in 1964. However, discrimination that prevents specific groups of people from obtaining and maintaining employment opportunities still occurs every day, affecting every aspect of a person’s life including their ability to support themselves and their families.

Discrimination in the workplace is illegal, and employees who experience discrimination based on their sex, age, gender, or race may have grounds for a lawsuit. At the law firm of Salenger, Sack, Kimmel & Bavaro, LLP, our experienced employment discrimination attorneys have been fighting for the rights of New York City workers for over 40 years. Our aggressive team possesses the resources and knowledge needed to successfully represent you in your employment discrimination case to secure you the best possible result for any damages suffered.

We Stand Up Against Discrimination

There is no place for employment discrimination in the workplace, and yet, these harmful acts happen more often than you might think. Common reasons for why employers have discriminated against prospective or current employees include:

  • Sex– discrimination based upon someone’s biological or anatomical identity as male, female, or other.
  • Gender– discrimination based on someone’s collection of characteristics, culturally associated with maleness, femaleness, or other.
  • Age- discrimination based on someone’s age (too young, or too old for a position)
  • Race– discrimination based on someone’s identified or assumed race, the color of their skin or specific personal characteristic associated with race.

Discrimination can cause severe emotional, psychological and physical trauma for a worker, in addition to financial losses. Unfortunately, even in substantial cases of discrimination, it’s not always easy for a victim to come forward, especially when the risk of losing their means of income is on the line.

Our team at Salenger, Sack, Kimmel & Bavaro understands the sensitive nature of filing a claim against your employer and the stress it can bring upon victims. We treat all clients with the compassion and care they deserve during each case, while providing the best quality legal services available to seek justice against employers who have caused unnecessary harm.

What Does Employment Discrimination Look Like

Discrimination based on specific attributes such as gender, sex, race, and age are not limited to offensive verbal remarks. Here are some examples of how employees experience discrimination at work:

  • Promotions: When employees who have the skills, experience, and capabilities for a promotion are passed up for more unqualified candidates based on reasons having nothing to do with the position.
  • Benefits: When employers deny benefits such as health insurance, vacation time, personal time, or sick days to only certain groups.
  • Job Title: When employers give employees of a particular group lower or less appealing titles that qualify for less pay and benefits than coworkers who share similar responsibilities.
  • Getting Hired: When employers do not hire candidates based on gender, sex, race or age, regardless of their past experience and abilities.
  • Wrongful Termination: When employers unlawfully fire employees based only on their association with certain groups and for violating work policies and procedures.
  • Access to Training: When employers do not offer certain employees the opportunity for continued education or employee training that are provided to other coworkers in similar positions.
  • Job Assignments: When employers do not assign certain job tasks to individuals of certain groups based on their age, gender, sex or race and not based upon their abilities or skill set.
  • Pay Rates: When employees do not have equal access to pay raises or rates, even when taking on equal or similar responsibilities as their coworkers.

Pursuing an employment discrimination claim can be complicated and sometimes hard to prove, depending on your job. If you or a loved one believes they have been a victim of employment discrimination, you should only call an attorney who is experienced in employment discrimination cases immediately to obtain the best possible results for your case.

How To File A Claim

Employment discrimination claims must be filed appropriately and promptly to maximize the compensation you are seeking for your losses. Here are the steps you need to take to start:

  1. File A Claim: The first step is to file a claim for the discrimination based on where you work and which administration would be most applicable. In New York, there are three places you can file an employment discrimination claim-
    • New York Division of Human Rights (DHR)- the state administration agency
    • Equal Employment Opportunity Commission (EEOC)- the federal administrative agency
    • New York City Commission of Human Rights (CHR)- if you live in NYC
  2. Investigation: Once you file a claim, an investigation will take place to gather any documentation needed to review your case.
  3. After Investigation: The administration will determine whether the discrimination claim is valid and attempt to reach a settlement between the two parties.
  4. Lawsuit: If a settlement cannot be reached, the administration will help file a lawsuit on the employee’s behalf for the discrimination claim.

Employment discrimination claims can be complex and confusing. At Salenger, Sack, Kimmel & Bavaro, we have experience in the laws and processes for filing a claim. We will help you every step of the way by: determining which administration you should file with, ensuring you possess the necessary evidence and information to establish unlawful behaviors, helping you meet the deadlines, and pursuing additional options for seeking fair compensation for your losses during this challenging time

We Are NYC Employee Advocates

Every employee deserves equal treatment by employers based on their experience, skill, and abilities- not their personal attributes and beliefs. With over four decades of experience and knowledge regarding the state and federal laws prohibiting employment discrimination in the workplace, our lawyers will guide you through the process step by step to a favorable conclusion. Contact our employment discrimination attorneys at Salenger, Sack, Kimmel & Bavaro today for a free consultation to review your case and explore your options for seeking justice against discrimination.


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