Representing Employers And Employees With Workplace Discrimination Claims
Gould & Berg, LLP, routinely represents employees and employers who need legal assistance with workplace discrimination or retaliation claims. With decades of combined experience, our attorneys are trusted and respected legal professionals who have forged successful outcomes for people and entities facing these types of difficult and often personal situations. Our representation of both employers and employees in all types of employment-related claims and disputes provides us with a comprehensive perspective on how to effectively handle these claims.
Representation For Employees
Employees in many different fields face hostile work environments and discrimination because of certain characteristics or traits that are covered by various local, state and federal laws. This could include harassment or discrimination that is based in part due to their gender, pregnancy, race, national origin, religion, gender identity or expression, family status, predisposing genetic characteristics, age, disability, marital status, sexual orientation, military service or domestic violence victim status.
In some cases, particularly in the area of disability discrimination, an employee may request leave for themselves or a family member under New York Paid Family Leave, Disability Benefits Law or the Federal FMLA, or the employee may find they should make a request for reasonable accommodation to enable the employee to perform the essential functions of their job. Under New York law, an employer can’t just say “no” because an accommodation costs money; they must prove that the request creates a significant difficulty or expense in light of their overall resources. Additionally, New York law requires employers to engage in a ‘cooperative dialogue’ to explore options with their employee before denying a request
Defense Representation For Employers
We also get calls from human resources, personnel managers and business owners who have received workplace discrimination, harassment or retaliation complaints from their current or former employees. These employers need guidance not only on how to handle these types of complaints internally but also on how to respond to complaints with the goal of minimizing the risk of litigation over the matter. If litigation ensues, we can work with you to strategically defend claims once they are filed with any state and federal agencies and the state and federal courts.
If you have received an internal complaint, we will assist you in conducting an appropriate investigation to determine how best to respond to the complaint. Determining from the outset whether the alleged actions are unlawful and how best to handle the complaint is important to minimize the employer’s potential exposure to a damages claim.
In defending claims, we must take into consideration many factors, including the nature of the allegations, the frequency of the behavior complained of, the damages alleged by the employee, the size of the employer, and the potential risk to the employer should an employee succeed in litigation to recover damages and, in some cases, attorney’s fees. Business owners facing these issues should reach out to our experienced team for guidance before responding to any complaint or taking any action themselves.
Retaliation Claims
Many employees are often afraid to speak up or file a complaint when they are the target of harassment or discrimination. This is because they rely on their income stream and benefits and they fear they will be fired or retaliated against in some manner by their employer for bringing a complaint forward. As an employee, if you are experiencing any form of harassment or discrimination in the workplace, we can help you by guiding you in making a protected complaint and, in the event retaliatory action follows, seeking redress for the harm you have suffered.
It’s important, if you are an employer, to understand that the law prohibits retaliation against anyone who opposes discriminatory practices or participates in a related proceeding. Our attorneys can provide you with practical advice on how to avoid or minimize the risk of a retaliation claim being brought against you.
Understanding Employment Law Terms
Employment law is rarely black and white. Terms like discrimination, harassment and retaliation are complex and depend entirely on the specific facts of your situation.
These legal issues can arise based on protected characteristics, including:
- Race, gender or religion
- Age, disability or pregnancy
- Sexual orientation or military status
Discrimination isn’t always obvious. It can involve subtle changes in treatment, such as new rules, shifted job duties or unfair disciplinary actions. It also covers major decisions like hiring, promotions and terminations. Because every case is unique, both employers and employees should consult an experienced employment law attorney to navigate these legal nuances.
Contact Our Team For Guidance
If you wish to speak with one of our attorneys or schedule a consult to talk about your claim, call us at 914-397-1050 or reach out online.