Workplace Discrimination, Harassment & Wrongful Termination: Federal

Don't let injustice go unsettled!
Employee Rights Law entitles you to a be free from unlawful workplace discrimination, harassment, retaliation and wrongful discharge. If you have been a victim of abuse at work, our experienced NYC & NJ employment lawyer can help you.

Federal Laws
Title VII - is a federal law that applies to employers with 15 or more employees/workers. Title VII makes it unlawful for an employer to discriminate against harass, retaliate against or otherwise abuse an employee/worker based on race, ethnicity, color, religion, sex, gender, or national origin.
Unlawful job actions may include, but are not limited to, discrimination in hiring, firing and promotions; race/ethnicity harassment, discrimination & retaliation; sexual harassment, pregnancy discrimination; religious discrimination; and other workplace abuse. Sex based abuse may also include discrimination, harassment and retaliation based on LGBTQ+ status, sexual orientation, gender/sex identity and transgender status. Unlawful employment practices may also include discrimination, harassment and retaliation against victims of domestic violence, date rape and/or sex assault.
Section 1981 - is a civil rights law that applies to employers, irrespective of their number of employees. Section 1981 prohibits race, color and ethnicity discrimination, harassment and retaliation.

Other human rights laws such as the Equal Pay Act of 1963, the Lilly Led better Act of 2009 and the Pregnancy Discrimination Act prohibit discrimination, harassment and retaliation based on sex/gender.

The Americans with Disabilities Act (ADA) - applies to employers with 15 or more employees/workers. The ADA prohibits discrimination, harassment and retaliation against workers with disabilities, including disabled employees who have requested reasonable accommodations and/or medical leaves, and employees with psychological and learning disabilities. See Our Webpage Americans with Disabilities Act (ADA).

The Family and Medical Leave Act (FMLA) - is a federal law that applies to employers with 50 or more workers. The FMLA prohibits employers from discriminating against, harassing and retaliating against employees because of their medical leave(s) or medical leave entitlement. The FMLA also prohibits employers from interfering with a workers’ ability to take medical leave. New York City and New Jersey also provide medical/health leave protections. See Our Webpage Family and Medical Leave.

If you think you have been a victim of wrongful treatment at work, call our experienced New York & New Jersey employee rights lawyer.
New York & New Jersey State or City Laws

The New York State Human Rights Law ("NYSHRL"), New York City Human Rights Law ("NYCHRL"), and New Jersey State Human Rights Law (“NJSHRL”), also protect workers from employment discrimination, workplace harassment and retaliation based on age, pregnancy, race, sex, gender, disability, national origin or other legally protected classification. Under the NYSHRL, NYCHRL, and NJSHRL, it is unlawful to discriminate against individuals when hiring for a job, while on the job, or if an employee has filed a complaint of discrimination.

The NYS, NYC, and NJS laws prohibit a broader class of discrimination, harassment and retaliation than the federal law (Title VII), including protecting against discrimination and harassment based on sexual orientation, marital status, military status, and other specified classes.

The New York City and New Jersey State law also bars workplace harassment, discrimination and retaliation based on citizenship status, physical/mental disability, arrest record, and victim status (of offenses such as domestic violence and stalking), as well as protecting against workplace abuse because of a person's association with a member of one of the legally protected classifications.
The City law also has one of the broadest anti-retaliation provisions of any law in the United States. In order to have a claim of retaliation under the New York City or New Jersey State law, an employee must complain about workplace discrimination or harassment based on age, pregnancy, race, gender, sex, national origin, disability or other legally protected classification. The employee need have only a good faith, reasonable belief that he or she is being discriminated against, and proof that such discrimination actually existed is not required.

Individual supervisors may also be sued under New York State and City law, as well as New Jersey State law, under certain circumstances. Independent contractors may also be protected.

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