Typical outcomes if discrimination is found An employer may be required to hire, reinstate, or promote an applicant/employee. In addition, an applicant or employee may obtain an award of monetary damages.
You might notice that members of one racial group receive more rewards for the same work or less punishment for the same misconduct. This is illegal, disparate treatment. You prove this discrimination by showing that similarly situated employees of different races are not receiving the same treatment at work.
Any employee who feels that he/she has been unfairly discriminated against or that an employer has contravened the laws may lodge a grievance in writing with their employer. The matter may thereafter be referred to the CCMA if the issue cannot be resolved at the workplace.
Contact the NYC Commission on Human Rights at (212) 416-0197 or use this online form to report your case. Whether in employment, housing, or places of public accommodation, if you have faced discrimination because of who you are, let us know about it. You can even do it anonymously!
Report discrimination to a local Fair Employment Practices Agency (FEPA). If the discrimination breaks both a state and federal law, the FEPA will also send your complaint to the EEOC. Use the EEOC's directory of field offices to find the FEPA near you.
Discrimination at work is more than just an annoyance. It can disrupt your entire life. In New York, employees who face ongoing workplace harassment often wonder if they can sue their employers for the emotional distress and anxiety it causes. The good news is that you can, in most cases.
Evidence takes several forms. It includes your testimony, which is the very first evidence gathered by EEOC. It also includes written materials such as evaluations, notes by your employer, letters, memos, and the like. You will be asked to provide any documents you may have that relate to your case.
The following would be considered illegal discrimination if there is evidence that the decision was made based on a protected characteristic: Sexual Harassment. Refusal to Provide Services. Unfair Lending Practices. Misrepresenting the Availability of Housing. Refusal to Allow “Reasonable Modifications” Refusing Rental.
The answer depends on your claims and willingness to pursue litigation. If your claims are strong and you are invested in the litigation process, it can be very “worth it” to feel you are standing up for accountability, getting compensation for your injuries, and incentivizing the company to change its ways.