Local, state, and federal laws are designed to protect employees. Fair wage laws should protect employees from being underpaid while anti-discrimination laws should protect employees who are part of what is known as a “protected class”. This way, work environments are highly inclusive and do not discriminate against historically marginalized groups. You may not be sure whether you are part of a protected class or what it even means to be a member of a protected class.
For that reason, it may be in your best interest to reach out to a compassionate and highly experienced New York discrimination lawyer from the Samuel Law Firm for more information. Below, we go into greater detail about what it means to be a protected class, how protected classes work, and how you can take action if your employer has discriminated against or harassed you.
What is a Protected Class In New York?
What is a protected class employee? A protected class employee protects certain individuals from discrimination if they are a part of one of the designated protected classes under local, state, and federal law. Generally, both the New York Anti-Discrimination Act and the Equal Employment Opportunity Commission (EEOC) prohibit discrimination based on the following classes:
- Age
- Credit history
- Domestic violence status
- Familial status
- Gender identity
- Genetic characteristics
- National origin
- Pregnancy
- Prior arrests or criminal convictions
- Sexual orientation
What Does it Mean to Be a Part of a Protected Class?
When you are a member of a protected class, you cannot be discriminated against for belonging to this protected class. This does not only apply to current employees but job applicants as well. For example, if you were up for a promotion and your boss denied you the job because you recognize the sabbath as part of your religious ideals, you may have grounds for a discrimination complaint.
Employers are prohibited from making any type of employment decisions surrounding protected class status. They cannot take your family status, sexual orientation or preferences, pregnancy, or age into account when making important hiring, advancement, or termination decisions. However, that does not mean employers will always follow the letter of the law. Fortunately, with the right employment law attorney working for you, you may be able to take action and protect your rights.
Explore Your Legal Options
There are multiple legal options that may be available to you if you believe your employer declined your promotion, harassed, fired, or refused to hire you because you were a part of a protected class. First, you may be able to file a complaint with the New York State Division of Human Rights and the Equal Employment Opportunity Commission (EEOC). These government agencies may be able to take legal action against the company by imposing sanctions and other penalties.
But that is not all. You may also be able to file a civil lawsuit against the manager, supervisor, or employer who discriminated against you. When you file a civil claim, if the defendant is found liable, they can be ordered to compensate you for the total value of your damages.
Damages You May Be Able to Recover
You have the right to compensation for a wide variety of both economic and non-economic damages. Examples of potentially recoverable losses in a discrimination lawsuit include:
- Pain and suffering
- Lost wages
- Reputational damage
- Loss of paid time off and sick leave
- Emotional distress
- Backpay
- Loss of employer-provided health insurance coverage
Additionally, punitive damages could be awarded as described by the Albany Law Review. However, we may need to show that the defendant acted in gross negligence or intentionally discriminated against you due to your protected class status.
Trust In a Respected Workplace Discrimination Attorney for Help Today
If you believe you are a member of a protected class and have been discriminated against or harassed on the job, you may have the right to take legal action against your colleagues, supervisors, management team, or even your employer.
Find out whether you have grounds for a claim when you contact a top-rated New York workplace discrimination lawyer from the Samuel Law Firm. Get started on your lawsuit as soon as today when you fill out our quick contact form or call our office to schedule your free, no-obligation consultation.
