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Best Discrimination Lawyer in NY
Dealing with discrimination in the workplace is needless, sometimes traumatic, and typically unlawful. When it happens, you may not know who to turn to. Should you contact your manager? What if the discrimination is coming from your manager? Should you contact human resources? Are there other employees dealing with the same issues?
When you feel you have been the victim of workplace discrimination in New York, Morgan & Morgan is here to help get you connected with a discrimination lawyer in NY. We specialize in discrimination law and have decades of experience. We can assist you in your discrimination case. There are specific laws, burdens of proof, and deadlines that should be considered when you want to file a discrimination claim. Having a free consultation with an attorney can help clarify your options and help you to relieve some of the stress. Contact one of our dedicated attorneys to review your discrimination case with you and discuss your options.
How to Choose the Best Discrimination Lawyer in NY
Choosing an experienced and qualified discrimination lawyer in NY to represent you in a discrimination case is absolutely important. You need to consider all your options and research your top choices. It’s important to realize, though, that not all law firms can properly handle discrimination cases. It is not as easy as doing a quick internet search for lawyers in your area. You must ask the right questions and know exactly what you are looking for. Here are some tips for choosing the right lawyer to represent you in a workplace discrimination case.
Consult With a Lawyer Who Specializes in Workplace Discrimination.
Discrimination cases can be hard to prove because of a lack of evidence. You need to work with someone that has experience in these cases. You do not want to contact a personal injury lawyer for questions about discrimination. Lawyers have as many specialties as doctors, so finding the right discrimination lawyer in NY with experience in workplace discrimination and the necessary understanding of discrimination law is crucial.
Professionalism and Communication Are a Must.
You want to make sure the attorney you choose will be a good fit for you and also be beneficial to your case. Your lawyer will not only have to effectively communicate with you to understand all the details of your case, but they will also have to communicate with your employer and court officials involved with your case. If you feel like your attorney is not listening to you, you may need to find someone else to represent you. Likewise, you want someone who will be a professional representation of your interests in court.
Use a Local Attorney if Possible.
There are many advantages to using the services of a lawyer who practices in your area. They will know any local laws that apply to your case, as well as state and federal laws. It is also easier to meet with a local attorney in person. Attorneys usually have professional relationships with the court officials and administrative staff that they see on a regular basis. Using a local attorney means they will likely be able to communicate better with local officials on your behalf. Additionally, local attorneys are often well-known and respected in the community, so it might even be possible that the defendant knows who your attorney is. If you choose someone with a great reputation, the defendant might be more likely to settle before the case even gets to trial.
Look for Attorney Referrals.
Word of mouth is often the best way to find a discrimination lawyer in NY, so ask family, friends, and the rest of your social network for recommendations on lawyers in your area. Someone you know may be able to refer you to an attorney they have had prior experience with and they should be able to give you an honest opinion. You can also ask an attorney you speak with during a consultation for references from past clients. Just be aware that they will likely give you the names of clients that will give them the best recommendation, so take this with a grain of salt. You can also do your own research by searching online and consulting with bar associations for some background information.
Set Up Free Consultations.
Almost all reputable law firms will offer a free initial consultation. Meeting with a potential lawyer in person will give you a lot of insight into their professionalism, personality, and communication skills. They should ask you a lot of questions and be able to answer your questions. Getting a sense of how the attorney and their law firm operates in person will go a long way in being able to determine who will be the best match for you.
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How do you prove discrimination in New York?
It can be difficult to prove discrimination because it is often something that happens when only two people are present. It often ends up being your word against theirs. But an experienced workplace discrimination lawyer in NY will be able to help you prove discrimination has occurred. There are three main types of evidence that can help to prove employer discrimination:
- Direct Evidence. This type of evidence proves discrimination without any presumptions. It includes any statements, written documents, or emails that show instances of discrimination. It is the best evidence in a discrimination case but also the hardest to come by. Employers do not usually write down the discriminatory way in which they hire or fire people.
- Circumstantial Evidence. This type of evidence proves a fact by inference rather than proving the fact directly. It is the most common type of evidence employees use to prove their case. In some cases, the McDonnell Douglas framework is used to analyze circumstantial evidence in a discrimination case. This frameworks states the following: If you can prove that you are a member of a protected class, and you were qualified for the position but were replaced by someone who is not a member of a protected class because of discrimination, your employer will have to defend their actions in court. If they cannot effectively defend their actions, you may be able to prove discrimination. Your attorney will be able to walk you through the aspects of this type of evidence.
- Pattern and Practice. This type of evidence is used in a class-action lawsuit to show the employer has a history of discriminatory behavior.
What Are the Relevant NY Discrimination Laws?
The New York City Human Rights Law prohibits discrimination based on race, color, creed, age, perceived age, national origin, alienage, citizenship status, gender, gender identity and expression, sexual orientation, disability, national origin, military status, marital status, partnership status, pregnancy, and caregiver status. There are also protections against discrimination based on one’s arrest or conviction record, their status as a victim of domestic violence and stalking, and whether they have had any sex offenses. This law covers all employers with four or more employees. In addition, New York State Law provides broader protection for disabled employees that go beyond the federal statute, the Americans with Disabilities Act.
How Can I File a Discrimination Claim in NY?
There are three places where you can file a discrimination claim in New York:
- The Equal Employment Opportunity Commission (EEOC) is the federal administrative agency
- The New York Division of Human Rights (DHR) is the state administrative agency
- New York City Commission on Human Rights (CHR) if you live in the City of New York
These agencies will work together, and it is unnecessary to file with each of them. As long as you tell them you want to “cross-file” your claim, the information will be shared across all three agencies. You can check online at the agency websites or visit a local office to file a complaint. While it’s not required, it’s still a good idea to contact a discrimination lawyer in NY before filing with any of these agencies.
What Is the Deadline to File a Discrimination Claim?
You do not want to waste any time when filing a claim of discrimination. In any legal case, time is of the essence when collecting evidence, interviewing witnesses, and generally trying to build a case. The New York City Commission on Human Rights and the New York State Division on Human Rights give you a one-year deadline to file your claim. Generally, if you want to file with the EEOC, you must file within 180 days from the date the discriminatory act occurred.
These agencies are here to assist people who are filing claims of workplace discrimination on their own. If you plan on hiring an attorney, speak to your attorney before you contact these agencies. Once you file with the CHR or DHR, you sign an agreement that says you will not pursue your claim in court. There are also some situations when trying to file a claim by yourself will be more difficult. It is a good idea to consult with a discrimination lawyer in NY as soon as the discrimination occurs to discuss your options and to allow the most time possible for court filings.
Morgan & Morgan Is Here for You
Trying to navigate the specific discrimination laws in New York City or other areas of New York State can be complicated. You do not have to do this alone. Let the experienced attorneys at Morgan & Morgan guide you through the complicated process of making a discrimination claim. There is no excuse for discrimination in the workplace, and we will help you through the entire process. We have decades of experience helping people with their claims in New York. There is a time limit on filing a discrimination claim in New York, so don’t wait until it is too late. Contact Morgan & Morgan to make an appointment for a free consultation with a discrimination lawyer in NY today.