Workplace discrimination is a type of illegal act that discriminates against employees based on, among other protected classes, race, gender, sexual orientation, disability, age, religion, national origin, pregnancy, or familial status. Employees who are subjected to workplace discrimination can suffer long-term detrimental effects on their health and well-being. If you’re wondering “how common is workplace discrimination”, you’ll be surprised to find out that this type of discrimination occurs more often than you realized.
According to a 2019 study, three in five employees – or 61% – of workers in the U.S. have witnessed or experienced discrimination based on age, race, gender, or LGBTQ identity.
The study also found that the instances of discrimination increase the younger the victim is. Over half of adults between 18 and 34 experience workplace discrimination, compared to less than 29% of adults over the age of 55.
Further findings show that:
- 36.1% report discrimination based on disability
- Race discrimination accounts for 32.7% of cases
- 31.7% of cases report sex discrimination
- Age discrimination is also prevalent at 21%
- 9.5% of cases are discrimination due to national origin
- Discrimination based on color accounted for 5.3% of cases
- 3.6% of cases report religious discrimination
What laws protect me from workplace discrimination in NYC?
Federal law protects workers from Workplace Discrimination. Title VII of the Civil Rights Act of 1964 prevents workers from being discriminated against because of sex, race, color, national origin, or religion. This law only applies if the employer has 15 or more employees.
New York State’s Human Rights Law guarantees every citizen the right to equal opportunity to enjoy a full and productive life. This includes the right to be free from discrimination in employment. Under the statute, employees have three years from the date of the incident to file a claim.
It’s telling how important preventing workplace discrimination is. “How Common is Workplace Discrimination”? The answer is that it’s common enough that both federal and state laws have been utilized to prevent it.
What employer conduct is prohibited under the New York State’s Human Rights Law?
There are several types of prohibited conduct under the law based on discrimination, including:
- Refusing to hire
- Termination
- Disciplinary action
- Compensation
- Privileges
It is also illegal for an employer to discharge or discipline an employee who opposes discriminatory practices by filing a complaint, testifying, or assisting in a proceeding.
Finally, the law protects pregnant women from being prevented from taking a leave of absence, unless the pregnancy prevents the employee from performing the job activities in a reasonable manner.
Can I receive compensation for being discriminated against by an employer?
If your employer violates anti-discrimination law, you may be entitled to compensation in the form of:
- Back pay
- Front pay
- Lost benefits
- Reinstatement
- Reasonable accommodations
- Compensatory damages
- Punitive damages
I’ve been discriminated against at work. What should I do?
The first step in filing a successful claim is to gather evidence to prove your case. Types of evidence that can be used to strengthen your argument include, but are not limited to:
- Emails
- Texts
- Job performance reports
- Photos
- Videos
- Testimony from fellow co-workers
- The discrimination report you submitted to Human Resources
If you’ve been discriminated against in the workplace, you have legal options. Don’t suffer in silence – contact the experienced Discrimination Lawyers at Ricotta & Marks, P.C. at (716) 301-2704 today.
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