Employment Discrimination

The Law Office of Mark A. Marino represents victims of employment discrimination - specifically in the following areas:

• Race Discrimination
• Hostile Work Environment
• Sexual Harassment
• Retaliation
• Wrongful Termination

Race Discrimination

It is unlawful for an employer to discriminate against any employee because of his or her race, ethnicity, or color. Racial jokes, ethnic slurs, and offensive or derogatory remarks made because of an individual's race may constitute unlawful race discrimination. The conduct must create a hostile work environment. A few examples of possible race, ethnic or color discrimination include, but are certainly not limited to, the following: You are required to work in a separate or isolated area from employees of other races, or you are not allowed to participate in work-related activities in which you would be in contact with employees of different races.
You are denied the ability to advance in the organization where you are employed, while individuals of a lower skill set, but of a different race, are permitted to advance.
Your position and the positions of others in the same racial group as you were eliminated during company layoffs, but most of the employees of a different race were able to keep their positions or were reassigned to other positions.

Hostile Work Environment

Hostile work environment exists when an employee of a company or organization experiences discriminatory workplace conduct or harassment so pervasive and so severe that the employee is fearful of going to her or his workplace for fear of being offended, intimidated, or being exposed to such an oppressive work atmosphere due to the behavior of the harasser.

Relevant factors in evaluating whether harassing or offensive conduct has reached the level of a hostile environment may include but are not limited to: the severity of the conduct, if such conduct was threatening or intimidating physically, the frequency of the repetition of the conduct, the hostility and/or patent offensiveness of the conduct, the context of the harassing conduct, whether it unreasonably interfered with an employee's work performance, and the propriety of management's response upon learning of the harassment by taking prompt remedial action reasonably calculated to end the offensive conduct.

Sexual Harassment

Federal and state courts have recognized two forms of sexual harassment claims:

• 'Quid Pro Quo' Claims - Employees may have a claim against their workplace when an authoritative figure requests sexual favors or offensive touching in exchange for benefits and continued employment, promotions, raises and other favors.
• Hostile Work Environment Claims - Unlike Quid Pro Quo claims, a hostile work environment results from inappropriate behaviors in the workplace, which may offend and intimidate other workers, denying individuals the respect every individual deserves in the workplace.

Retaliation

If you complain to your employer about discrimination, harassment or other violations of your rights in the workplace, your employer may not properly take any action against you that you might view as punishment or retaliation for the complaint. The law also protects an employee who participates in an investigation or files a lawsuit against an employer for discrimination, harassment, or other workplace violations.

If you have a genuine and reasonable basis to believe that your complaints are legitimate and meritorious, even if they turn out to be unfounded, your employer violates the law if, as a result of your complaint, he or she takes actions against you that negatively or adversely affect your employment.

Adverse actions include, but are not limited to discipline, negative evaluations, issuance of warnings, salary reduction, demotion, discipline, firing, change in shift assignment, or change in job assignment. Retaliation may also include hostile attitudes or behavior by employers, including managers, supervisors, human resources representatives, or coworkers, toward an employee who complained.

Federal, State, and Local Laws

Employees are protected by the federal, state, and local laws listed below.

Federal Statutes

Title VII of the Civil Rights Act of 1964 protects individuals against intentional workplace discrimination by employers of fifteen or more employees, along with other practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.

The Age Discrimination in Employment Act prohibits age discrimination against individuals 40 years of age or older by private employers with twenty or more employees. The ADEA's ban against age discrimination includes (1) statements or specifications in job notices or advertisements of age preference and limitations, unless there is a legitimate business reason for specifying an age preference, and (2) the denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

The Americans with Disabilities Act requires employers with fifteen or more employees to provide reasonable accommodation for an individual's known physical or mental limitations, unless doing so would cause an undue hardship to the employer.

The Immigration Reform and Control Act bars any employer with more than three employees from discriminating against a U.S. citizen, or an individual who may work legally but is not yet a citizen, on the basis of his or her national origin.

The Equal Pay Act requires employers to provide equal pay to men and women who perform equal work, unless the difference in pay is caused by differences in seniority or other factor that is not based upon sex.

The New York State Human Rights Law

New York has the proud distinction of being the first state in the nation to enact a Human Rights Law, the New York State Human Rights Law (NYSHRL). Under New York State law, it is unlawful to discriminate against individuals when hiring for a job, while on the job, and if the employee has filed a complaint of discrimination.

In most aspects, the NYSHRL mirrors the federal Title VII, with some exceptions. The NYSHRL protects a wider class of people against workplace harm, including discrimination based on age, race, national origin, gender, sexual orientation, marital status, disability, military status, and other specified classes. Further, the NYSHRL applies to much smaller businesses than Title VII. Employers of four employees, who need not all work at the same location, can violate the NYSHRL.

The New York City Human Rights Law

New York City has an even broader Human Rights Law (NYCHRL) protects an even wider class of people from employment discrimination, harassment, and retaliation than either the federal or state law, including discrimination based on citizenship status national origin, creed, color, race, age, sexual orientation, marital status, physical/mental disability, arrest record, and victim status (of offenses such as violence and stalking). Further, New York City's Human Rights Law applies not only to employees who work in New York City, but also applies if the discrimination, harassment, or retaliation originated in New York City.

The New York City Human Rights Law, which protects employees against all forms of discrimination, also has one of the broadest anti-retaliation provisions of any law in the country. In order to have a claim of retaliation under the New York City Human Rights Law, an employee must complain about race, gender, age, sex, national origin, pregnancy or disability discrimination. The employee need not prove that the discrimination actually existed, merely that the employee had a good faith, reasonable belief that they were being discriminated against on one of those bases. Under Title VII of the Civil Rights act of 1964, the federal anti-discrimination and retaliation law, an employer to be found liable for retaliation must take adverse employment action against an employee. Such adverse employment actions include termination, demotion, withholding compensation and others.