How to Hire the Best Discrimination Lawyer in NY

It can be difficult to prove discrimination because it is often something that happens when only two people are present. It often ends up being your word against theirs. But an experienced workplace discrimination lawyer in NY will be able to help you prove discrimination has occurred. There are three main types of evidence that can help to prove employer discrimination:

1. Direct Evidence. This type of evidence proves discrimination without any presumptions. It includes any statements, written documents, or emails that show instances of discrimination. It is the best evidence in a discrimination case but also the hardest to come by. Employers do not usually write down the discriminatory way in which they hire or fire people. 
2. Circumstantial Evidence. This type of evidence proves a fact by inference rather than proving the fact directly. It is the most common type of evidence employees use to prove their case. In some cases, the McDonnell Douglas framework is used to analyze circumstantial evidence in a discrimination case. This frameworks states the following: If you can prove that you are a member of a protected class, and you were qualified for the position but were replaced by someone who is not a member of a protected class because of discrimination, your employer will have to defend their actions in court. If they cannot effectively defend their actions, you may be able to prove discrimination. Your attorney will be able to walk you through the aspects of this type of evidence.
3. Pattern and Practice. This type of evidence is used in a class-action lawsuit to show the employer has a history of discriminatory behavior. 

The New York City Human Rights Law prohibits discrimination based on race, color, creed, age, perceived age, national origin, alienage, citizenship status, gender, gender identity and expression, sexual orientation, disability, national origin, military status, marital status, partnership status, pregnancy, and caregiver status. There are also protections against discrimination based on one’s arrest or conviction record, their status as a victim of domestic violence and stalking, and whether they have had any sex offenses. This law covers all employers with four or more employees. In addition, New York State Law provides broader protection for disabled employees that go beyond the federal statute, the Americans with Disabilities Act. 

There are three places where you can file a discrimination claim in New York:

• The Equal Employment Opportunity Commission (EEOC) is the federal administrative agency
• The New York Division of Human Rights (DHR) is the state administrative agency
• New York City Commission on Human Rights (CHR) if you live in the City of New York

These agencies will work together, and it is unnecessary to file with each of them. As long as you tell them you want to “cross-file” your claim, the information will be shared across all three agencies. You can check online at the agency websites or visit a local office to file a complaint.  While it’s not required, it’s still a good idea to contact a discrimination lawyer in NY before filing with any of these agencies.

You do not want to waste any time when filing a claim of discrimination. In any legal case, time is of the essence when collecting evidence, interviewing witnesses, and generally trying to build a case. The New York City Commission on Human Rights and the New York State Division on Human Rights give you a one-year deadline to file your claim. Generally, if you want to file with the EEOC, you must file within 180 days from the date the discriminatory act occurred. 

These agencies are here to assist people who are filing claims of workplace discrimination on their own. If you plan on hiring an attorney, speak to your attorney before you contact these agencies. Once you file with the CHR or DHR, you sign an agreement that says you will not pursue your claim in court. There are also some situations when trying to file a claim by yourself will be more difficult. It is a good idea to consult with a discrimination lawyer in NY as soon as the discrimination occurs to discuss your options and to allow the most time possible for court filings. 

Trying to navigate the specific discrimination laws in New York City or other areas of New York State can be complicated. You do not have to do this alone. Let the experienced attorneys at Morgan & Morgan guide you through the complicated process of making a discrimination claim. There is no excuse for discrimination in the workplace, and we will help you through the entire process. We have decades of experience helping people with their claims in New York. There is a time limit on filing a discrimination claim in New York, so don’t wait until it is too late. Contact Morgan & Morgan to make an appointment for a free consultation with a discrimination lawyer in NY today.