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How to Prove Employment Discrimination in New York

Employee faces discrimination at work | employment discrimination attorney | Gash & Associates, P.C.

You believe you were discriminated against at work, and now you want to sue your employer for it and get the settlement you deserve. Additionally, you hope to either settle this manner and go back to your job or find another employer instead.

In order for your case to be successful, you will need to prove that discrimination occurred. If you have evidence, then you can connect with a lawyer who will help you.

What Counts as Discrimination in the Workplace?

The U.S. Equal Employment Opportunity Commission stipulates that you cannot be discriminated against for your identity, like your race, sex, genetic information, gender identity, disability, or pregnancy status. Your boss and/or colleagues are not allowed to harass you, deny a workplace accommodation or change, improperly question you, demote you, not give you a raise, or otherwise treat you unfairly because of who you are. If they do, you could have a case and potentially sue them for damages. Note: If you have reported someone to human resources or taken some other action and then they retaliate, that also counts as discrimination.

Finding Evidence of Discrimination

You may have direct evidence of discrimination, like an email from a boss that clearly shows discriminatory statements. Or, you may have circumstantial evidence, and you’ll have to show that you are a member of a protected class, you suffered an adverse employment action like not getting promoted, and another employee who is not part of your protected class got promoted instead. Then, the burden is on the employer to show that they weren’t being discriminatory and that there was some other reason you didn’t get the promotion. If they can’t, then you may win your case. You can always call a lawyer and ask if you have strong enough evidence to bring forth a case against your employer.

Contacting a Lawyer

If you were discriminated against at work and need assistance, then contact the personal injury firm Gash & Associates. Gash & Associates help clients throughout Westchester County and we offer free consultations. Reach out today by calling (914) 328-8800.