A victim of discrimination in the workplace does not need to fight his or her case alone. An experienced attorney can be a valuable guide through the process, protecting civil rights, and seeking compensation on the client’s behalf.
A lawyer for discrimination in New York will work to help his or her clients in a variety of ways, including using knowledge and experience to help clients understand how state and federal laws work.
What Is a Discrimination Lawyer?
The best discrimination lawyer in New York will serve as a guide for clients through the legal process of discrimination cases, ensuring that deadlines are met and offering relevant legal advice along the way.
If a company has fifteen or more employees, the EEOC investigates complaints alleging workplace violations. Directly contacting the EEOC with a complaint is possible within 180 days (six months) of the date of the discrimination. This deadline is extended to 300 days if the victim also files a complaint with a state or local agency.
If you have filed a complaint with the EEOC, you can consult with an employment rights attorney. A New York discrimination lawyer can also help you prepare for the long and tedious process. The EEOC can send a “Notice of Right to Sue” if it finds that the employer did not violate labor law. You must take legal action within 90 days of receiving this letter.
What Does a Discrimination Attorney Do?
Lawyers who specialize in discrimination help their clients fight back against unfair employment practices in many ways. These include:
Assisting clients in understanding their legal rights and options with expert legal advice
Communicating, meeting deadlines, and managing paperwork
Collecting evidence for their clients' claims and researching instances of discrimination
Filing and preparing discrimination lawsuits
Evaluating a discrimination case's financial value
You may have a claim for compensation if you were discriminated against on the job because of your race, age, gender, disability, pregnancy, nationality, religion, or sexual orientation. Your claim's parameters and your possible right to financial recovery may be defined by employment discrimination state law, and assistance may be available through local law firms or attorneys.
When to Hire a Discrimination Lawyer in New York
The discrimination that an employee may face takes many forms, all of which having the capacity to negatively impact the employee’s career. It is against federal employment law to discriminate on the basis of:
A few examples of circumstances that may warrant a discrimination case are times when a company or employer:
Implements policies that negatively impact employees age 40 and older
Denies reasonable accommodations to disabled employees to enable them to perform their duties
Harasses someone or refers to their nationality in an offensive manner
Demotes a woman because she is pregnant or has a pregnancy-related medical condition
Denies an employee reasonable adjustments to allow them to perform their work duties and practice their religion
Decides to hire or fire someone based solely on their sexual orientation
In the event of workplace discrimination, you may sue the liable party for compensation. You can find a New York discrimination attorney who can help you navigate the complex world of federal and state discrimination laws.
How Do I Choose a Discrimination Attorney in New York?
To determine if a lawyer meets your specific needs, it is important to research and consult with the lawyer. Before making a decision, keep the following key factors in mind:
Experience and expertise
Relationships and clients
Fees and payment arrangements
Experience and Expertise
As a potential client searching for an attorney, you will want to find someone who is well-versed in employment discrimination law and who has experience representing employees in discrimination cases. The more experience the lawyer has with your particular type of claim—racial, religious, gender, age, or other—the better for your case. It is also important to inquire about a lawyer's success rate in the discrimination cases that he or she has handled, particularly those similar to yours.
Relationship with Clients
Consider how comfortable you will be working with the lawyer. Meeting with a lawyer during a consultation will help you to understand their background and how they approach the attorney-client relationship. Typically, potential clients want an attorney who is smart, capable, and attentive to the client’s best interests. When discussing the details of a discrimination claim, a knowledgeable attorney should also be thoughtful and personable. Many victims of workplace discrimination are uncomfortable when talking about their claim with an attorney, but open communication and understanding are essential to a successful case. To ensure that you receive the best service possible, you should feel comfortable with the lawyer you choose.
Fees and Payment Arrangements
A lawyer's fee is another critical factor to consider. Discrimination lawyers typically take on employment discrimination cases on a contingency basis. An experienced lawyer is paid a percentage of the money recovered in your case plus expenses. Contingency fees are not charged until the client receives damages from the defendant.
How Much Does the Average Discrimination Lawyer Cost in New York?
Employment discrimination cases can be difficult to prove, and some employment attorneys handle cases on an hourly basis. Hourly rates can range from $100 to $600 per hour. In addition to the rate, whether hourly or a contingency percentage, you may also be responsible for court costs and other expenses.
Do Discrimination Attorneys Usually Charge for Consultations?
You should verify whether the consultation itself is free when you call to schedule the time. For many attorneys, the initial consultation is free. The details discussed during a legal consultation will depend on your particular legal issue.
Frequently Asked Questions
How much does a discrimination lawsuit usually settle for?
EEOC data indicates that the average out-of-court settlement for employment discrimination claims is around $40,000. Approximately 10 percent of wrongful termination cases result in a verdict of $1 million or more.
What constitutes a hostile work environment?
Generally, a hostile work environment refers to an environment in which a supervisor’s or coworker’s conduct has created an abusive or intimidatory atmosphere, which would negatively impact the ability to perform work duties.
What constitutes workplace retaliation?
Employees are subjected to retaliation when employers punish them for engaging in legal activities. A retaliatory action can be anything that causes a job loss, such as a demotion, discipline, termination, salary reduction, or job reassignment.