Don’t Suffer
Discrimination and Retaliation
at the Hands of Your Employer

Mistreatment based on a characteristic a person can’t control rather than who they are has no place in the workplace, yet, there are plenty of employees and employers who allow it. In fact, many workplaces encourage it, allowing their employees to be abused, unsafe, and traumatized in the workplace.

Many may not try to fight back because they have seen what happens to those who do. Workplace retaliation is, unfortunately, also a pervasive issue. According to the U.S. Equal Employment Opportunity Commission (EEOC), retaliation is one of the most common issues reported by employees and saw an increase from 34,332 filings in 2021 to 37,898 filings in 2022.

Because of this, many victims may feel that they have no way to fight back other than to keep their heads down. This is not true. There are many things you can do if you have been in this position, and it starts with contacting an employment law firm. The team at Seppinni Law has the experience and drive to get you the justice and compensation you deserve after your experience. Don’t hesitate to contact us for help and to learn about how you can handle your situation.

Understanding
Workplace Discrimination

Workplace discrimination is any unfair treatment or
harassment an employee receives based on their protected
characteristics. Protected characters can include but are
not limited to:

  • Race
  • Gender
  • Age
  • Religion
  • Disability
  • Sexual orientation

This can take various forms and can occur at any stage of employment – from recruitment and hiring to termination.

Types of Workplace
Discrimination

There are several types of workplace discrimination that employees may face:

Disparate Treatment

This occurs when employees are treated differently because of their protected characteristics, rather than receive outward and targeted harassment.

Hostile Work Environment

Retaliation

Examples
of Workplace
Discrimination

Disparate Treatment

A clear-cut example would be if someone with the same qualifications and work performance as their colleagues is constantly overlooked for promotions because of their age, race, etc.

Hostile Work Environment

Retaliation

Federal Laws
Protecting Against
Discrimination

Several federal laws protect employees from workplace discrimination:

  • Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin.
  • The Age Discrimination in Employment Act (ADEA) protects employees 40 years and older from discrimination based on age.
  • The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in the workplace.
  • The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy, childbirth, or related medical conditions.

These laws apply to employers with 15 or more employees.

New York State Laws
Protecting Against
Discrimination

In addition to federal laws, the state of New York has the New York Human Rights Law. This prohibits discrimination based on:

  • Age
  • Sexual orientation
  • Race
  • Military status
  • Creed
  • Disability
  • Color
  • Marital status
  • National origin
  • Domestic violence victim status

The New York State Human Rights Law also protects employees from retaliation for reporting discrimination. This law applies to employers with four or more employees. It can be used to protect people who live out of state but work in New York. It cannot be used for people who live in New York but work out of state.

Understanding
Workplace Retaliation

Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activity.
It’s important to be able to recognize workplace retaliation to take appropriate action. If you suspect that you are being retaliated against, it’s crucial to document any incidents and speak with an experienced employment lawyer. They can help you determine if your rights have been violated and advise you on the appropriate steps to take.

Federal and New York State Laws
Against Workplace Retaliation

There are laws in place to protect employees from workplace retaliation. The primary federal law that covers this issue is Title VII of the Civil Rights Act of 1964, the same law that protects us against discrimination. This also law prohibits employers from retaliating against an employee for engaging in protected activities such as:

  • Filing a discrimination complaint
  • Reporting health and safety hazards
  • Participating in an investigation
  • Whistleblowing on illegal activities
  • Opposing discrimination or harassment
  • Reporting violations of securities laws
  • Reporting wage violations
  • Exercising workers' compensation rights
  • Taking family or medical leave
  • Engaging in union activities

In addition to federal laws, the same New York State law we mentioned before, New York Human Rights Law, also provides additional protections and remedies for employees who have experienced workplace retaliation.

Examples of
Workplace
Retaliation

Workplace retaliation can manifest in various forms, such as:

Change in Job Duties

An employee who once handled key accounts might suddenly find themselves shifted to less significant tasks. This could be a form of retaliation if the change occurred after the employee engaged in a protected activity.

Excessive Scrutiny

Negative Performance Review

Hostile Work Environment

Denial of Promotion or Raise

Each of these situations could potentially be a case of workplace retaliation. A common theme that someone might experience in all of these situations is the idea that your employers want you to quit. If you believe you have experienced any of these forms of retaliation, it is advisable to consult with a knowledgeable employment lawyer.

Why Do Employers Retaliate?

Employers may retaliate against an employee for a variety of reasons, such as protecting their reputation or trying to discourage other employees from speaking out. However, workplace retaliation is illegal and goes against the core principles of fairness and equality in the workplace. It also creates a toxic work environment that can negatively impact employee morale and productivity.

FAQ

What constitutes workplace discrimination?

Workplace discrimination involves unfair treatment of an employee based on characteristics such as race, gender, age, religion, disability, or other protected traits defined by federal and state laws.

How can I identify signs of workplace discrimination?

What should I do if I believe I'm facing workplace discrimination?

Are there federal protections against workplace discrimination?

Does Seppinni Law assist clients with workplace discrimination claims?

What evidence is crucial for a workplace discrimination case?

Is there a time limit for filing a workplace discrimination claim?

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How Seppinni Law Can Help

Our team at Seppinni Law has a deep understanding of both federal and state laws and can effectively represent employees who have faced discrimination in the workplace. We will work tirelessly to protect your rights and help you hold your employer accountable for their actions.

If you believe you have been a victim of workplace discrimination, do not hesitate to reach out for help. Our team is committed to fighting for justice and equality in the workplace. Let us help you get the justice and fair treatment that you deserve. Contact Seppinni Law today.