Workplace Discrimination

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DISCRIMINATION IN THE WORKPLACE LAWYER NY

We’ve helped employees just like you recover millions in damages. We can help you too!

Do you think that you might have been a victim of discrimination? El-Hag & Associates, P.C can help you. We are Westchester New York employment discrimination lawyers and labor lawyers. We have recovered hundreds of thousands of dollars for victims of workplace discrimination. We have brought discrimination lawsuits against small businesses and major multinational corporations and have achieved excellent results for our clients.

If you think you might be a victim of workplace discrimination, please call us today for a free consultation. We can quickly assess your case and let you know the options available to you.  In most cases, it is very difficult to prove discrimination because there is no “smoking gun”, which is why it is best to schedule a consultation and go through the facts.

WHAT IS WORKPLACE DISCRIMINATION

There are three categories of employment discrimination:

1)   “Disparate Treatment” employment discrimination: Disparate treatment discrimination is the main type of discrimination that employees complain about. Disparate treatment means that you are being treated differently from other employees. It is a direct act of discrimination against you. Examples of this is where all white employees receive a raise but you as a minority do not, or a woman is not promoted because a lesser qualified man was promoted instead.

 

 2) “Disparate Impact” employment discrimination: Disparate impact means that your employer has a policy that is not discriminatory when you read it, but the result that the policy has is that it has a negative effect on a protected class (see below for more on the term protected class). An example of a disparate impact policy is when an employer does not hire employees with a criminal background. Many times, there is no legitimate business reason as to why an employer will hire no employees with any criminal background. And this can be discriminatory because, unfortunately, the minority population tends to have higher instances of criminal convictions. Disparate impact is seen most often in hiring policies.

3) Harassment in the workplace: Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA). Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment is unlawful when:

  • Enduring offensive conduct becomes a condition of continued employment, or
  • The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets, name-calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:

  • The harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
  • The victim does not have to be the person harassed but can be anyone affected by the offensive conduct.
  • Unlawful harassment may occur without economic injury to, or discharge of, the victim.
 

What Is Not Discrimination or Harassment

At El-Hag & Associates, P.C we receive calls every day from people who believe that they have been discriminated against because they feel that they lost their job for unfair reasons, or because the workplace is not fair. This is not harassment or discrimination by itself. To deal with workplace fairness, you should contact El-Hag & Associates, P.C about union formation- Harassment

It is not harassment when people in the workplace make petty slights, are generally annoying, or make isolated discriminatory or derogatory remarks (unless extremely serious). To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people

Discrimination. Discrimination must occur because of your being part of a protected class. For example, an employer can decide that he will fire any person if they come 1 minute late to work, even if it happened only 1 time. But it would be discriminatory if the employer said that he is only going to apply that policy to Hispanics.

Examples of Gender Discrimination

  • A male boss refers to his female colleagues as "girls"
  • Employer denies benefits to female employees’ families while providing benefits to male employees’ families
  • Paid less salary for equivalent work as male employees
  • Denial of promotions while male employees with less experience are promoted (glass ceiling)
  • Asked during a job interview whether you intend to start a family and have children
  • Denial of requests to modify working hours to care for children, but male employees are granted such requests

Our NY Discrimination Law Firm Will Fight To Get Your Money

If You Believe Your Employer Has Discriminated Against You We Can Help You Recover What Is Rightfully Yours.
  • No upfront fees or retainers - we get paid only if YOU get paid
  • ​8 in 10 clients recover tens of thousands, and 2 in 10 can recover life changing amounts.
  • Generally takes 4 - 9 months from start to money-in-your-pocket
  • Our workplace discrimination lawyers will know how to best collect evidence to prove your case and build a strong argument.
  • Our experienced work discrimination attorneys can negotiate on your behalf to get you the best possible outcome.
  • Our discrimination lawyers can help you file a claim with the Equal Employment Opportunity Commission, which is the federal agency that handles discrimination claims, and The New York State Division of Human Rights, Department of Labor, and other relevant agencies and bring your case to court which is unnecessary in most cases
  • ​Protection from revenge. Protection from revenge - your boss can’t fire you, change your hours or mess with your work environment, or harass you due to your job discrimination claim against them - your boss can’t fire you, change your hours or mess with your work environment due to your job discrimination claim
  • You can recover money from any company you worked for in the past three years for workplace discrimination
  • We’ll do all the hard work to get you your Money. You just need to give us the details. You (usually) won’t even have to show up
  • You can get your job back or front pay instead of getting your job back so you have money in your pocket while you look for another job.
  • Hiring our experienced NHiring our experienced NY workplace discrimination law firm gives you the best chance of recovering the money that you deserve.Y commission theft law firm gives you the best chance of recovering the commissions and wages that were stolen from you.

How do you win an employment discrimination lawsuit?

There are several factors that you must prove to win an employment discrimination lawsuitIf you can answer yes to the following questions, you may have been a victim of employment discrimination:

1) Do you work at a company with 4 or more employees? The New York State Human Rights Law only protects employees who work for an employer with 4 or more employees. Federal Law requires that the employer employ more than 15 employees. So, the first thing to check is if you are protected by the law.

2) Did something bad happen to you at work? This is known as an “adverse employment action”. You must be able to show that something bad happened to you at work. Examples of adverse employment actions include:

  • Being fired

  • Being laid off

  • Not receiving a raise

  • Being demoted

  • Being passed over for a promotion

  • Being harassed at work

3) Are you a member of a protected class? To prove employment discrimination, you must show that you are a member of a “protected class”. “Protected class” means that you fall into one of the following categories:
  • Age

  • Disability

  • Equal Pay/Compensation

  • Genetic Information

  • Harassment

  • Equal Pay/Compensation

  • Sexual Harassment

  • National Origin

  • Pregnancy

  • Race/Color

  • Religion

  • Retaliation

  • Sex

4) Were you qualified to perform the job at issue? You must be able to demonstrate that you had the right skill set to perform the job at issue.

  • An example of being unqualified- is if you apply for a job as a lawyer, but you don’t have a law degree, you won’t be able to say that you were discriminated against if a law firm did not hire you.
  • An example of being qualified and passed over in a discriminatory situation would be if you were a woman with the same or greater education as a man, and both of you applied for a job position. Both you and the man had equal experience working in the position you were applying for. If the man was hired, but you were not, the company will have to be able to provide a legitimate reason that you, as a qualified woman, passed over for the job.

5) Does it seem likely that the discrimination occurred because you are a member of a protected class? This means that there is some evidence that shows that something bad happened to you at work BECAUSE you belonged to a protected class. There must be a believable cause-and-effect relationship between your being a member of a protected class and the negative job action. For example:

  1. You were fired BECAUSE you are HISPANIC
  2. You didn’t get a raise BECAUSE you were a WOMAN
  3. You were fired BECAUSE you were DISABLED

6) Is your employer’s reason for taking the adverse action a lie (“Pretext”)? Your employer can take any negative action in the workplace as long as there is a legitimate reason for it, and it is not retaliatory. In almost 100% of the discrimination cases, your boss is going to have an excuse that explains why you were treated badly. It is your responsibility to demonstrate that your boss’s excuse is not true, and that the real reason is discrimination. For example, if you are African American and your employer fired you because you performed your job poorly or had a bad attitude, your boss can terminate you. But if every non-African American acts the same way and performs the job the same way as you, then your employer’s excuse that you performed poorly is most likely a lie.

Case Results and Testimonials

Case Results & Testimonials

  • James recovered $160,000 in severance pay and left work on his own terms.
  • Katrina recovered $60,000 when her employer denied her leave for her disabled child (3 years pay)!
  • Tony recovered $50,000 for losing his job after his boss made racists comments!
  • Monica recovered $25,000 in unpaid overtime because her boss incorrectly treated her as not entitled to overtime under the law as a salaried office worker.
  • Manuel recovered $45,000 as a deli worker because he worked more than 40 hours a week without overtime pay. The boss paid him off the books without paying him any overtime and we recovered an extra $10,000 in penalties.

Contact us right now for a FREE Job Discrimination Consultation. If you don't act fast you can lose your chance to recover!

Do I Have an Unpaid Commissions Case

NO FEE UNLESS WE WIN YOUR CASE!

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We do not charge a fee to investigate your Discrimination at the workplace case

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Our Free Discrimination and harassment Consultations are Confidential and Private.

El-Hag & Associates is a highly Experienced & Successful Labor and Unemployment Law Firm in NY.

How We Help You Get the Compensation That You Deserve For Your Workplace Discrimination Case In Just 4-9 Months

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Schedule

10-minute initial free wage evaluation. We give you the game plan that you can follow even if you do not want to work with us. Just fill out the form to start.

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Detailed Consult

If you decide to move forward, we build your case. Give us your documents. Give us the details.
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Demand Letter

We send a letter to your company. Many times we can get a settlement negotiated in the beginning without even going to court. You can get your money in as little as two months.
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Lawsuit

We file the lawsuit, we spend the money, you only have to be involved for a few hours over the course of the lawsuit. 90% of the time, we manage to settle the case, you get paid. 

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Finalize

Finish the lawsuit, you sign some papers and get your check.  

Don't Let Your Employer Intimidate You From Being Compensated For The Discrimination in the Workplace That You Were Subjected To By Threatening Or Scaring You Into Inaction

  • You can sue any company you worked for in the past three years. It does not have to be a company at which you are currently working.

  • The law protects you. The law prevents retaliation. You can collect unpaid commissions and other lost wages and benefits, penalties, demand your job back, and even demand front pay (money to cover you for the time it would take to find new work.

  • Attorney-Client Privilege- We CANNOT tell anyone about your case unless you ask us to. Your call is 100% confidential and protected by the attorney-client privilege.

  • Attack only when you’re comfortable. We only move forward when you are ready. There is no pressure to start. You can have your workplace discrimination evaluation, come up with a strategy, collect evidence, and begin when you are ready.

Why You Should Not Wait To Take Action Against Your Employer For Job Discrimination

There Are Many Reasons Why You Need To Act Fast Before You Lose Your Chance To Start A Lawsuit To Recover Damages That You May Be Entitled To Against The Employer That Discriminated Against You.

  • The Company can go out of business.

  • You can run out of time to bring a lawsuit if you haven't already

  • The company can be sold or transferred

  • Someone else could sue and complicate your chance of collecting your wages

  • The company could file for bankruptcy

  • The owner could die

Client VideoTestimonials

Justina Peets

Justina Peets

3 months ago via Google

Jordan and his staff was so professional, and on top of my case, they updated me throughout the process the whole way through! If i ever need a lawyer again i will be calling Jordan without a second thought.

Matthew Zekanovic

Matthew Zekanovic

a year ago via Google

Jordan and his team are the best at what they do. His professionalism is nothing but superior and made the whole process easy and stress free. There wasn't a single objective that he couldn't overcome. Jordan was nothing but honest, transparent, and easy to work with. Never at one point did I feel he wasn't trustworthy. He guided me in the right direction to achieve the best possible outcome, and succeeded. I wouldn't recommend anyone else but El-Hag & Associates!

Paul

Paul

a year ago via Google

I hired Jordan to take a look at a recent employment agreement. Unlike other lawyers, it was a pleasure communicating with him. We had an initial phone call and within 2 hours he read the documents, attached notes to specific parts of it and was able to break it down for me in plain English. He has been available for follow up questions without demanding additional pay - which I appreciate. I work in the psychiatry field and have a very good sense for people and their trustworthiness. I will definitely be coming back to Jordan for any future legal advice associated with my business. I also plan to recommend him to colleagues, friends and family. A+ experience!

Jeffrey Medina

Jeffrey Medina

a year ago via Google

Very responsive and knowledgeable. Great guy who is willing to help no matter how big or small the issue or question.

Kinney Glass

Kinney Glass

2 months ago via Google

I was discouraged by other firms who told me it wasn’t worth effort. After the first time speaking with Jordan El-Hag I decided to place my faith in him. He was patient and meticulous. Always keeping me up to date with the case. When curveballs would come my way the team would reassure me not to worry. I will recommend everyone I know to El Hag and Associates.

Why clients prefer El-Hag Law

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Challenge

Company lied by saying employees should not be paid for travel time because they only used the construction headquarters for commuting.

Approach

Hired a private detective to video tape the construction yard in the mornings to show that the workday began when employees arrived to work.

Result

We secured for our client one of the largest single-person wage recoveries that the Judge had seen in his career!

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Challenge

Company tried to not pay our client who worked in an office overtime by claiming she was an exempt administrative employee and sales person. 

Approach

We got the business owner to lie under oath, and then showed the court the evidence of our client working at the restaurant. Subjecting the company owner to perjury charges.

Result

Our client secured $35,000 and was able to start a restaurant of his own with his family using the settlement money.

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Challenge

Company tried to not pay our client who worked in an office overtime by claiming she was an exempt administrative employee and sales person. 

Approach

We threatened to bring a class action lawsuit against the company because they misclassified all the workers in the same position, and we were able to negotiate a premium settlement for our client. 

Result

We secured our client $50,000 and she landed a new job the next week. She was able to buy a new car for commuting and put money into her retirement savings account.

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“El-Hag helped me recover $100,000 in unpaid overtime because the time spent traveling was not paid”

Awareness is the first step to stopping wage theft. If any of these scenarios applies to you, then you should call El-Hag & Associates, P.C today. The most important thing is to keep track of the hours you work. Do not rely on your employer to do that for you. It can add up to a significant amount of money.

In Westchester New York, many working men and women living in Yonkers, Mount Vernon and New Rochelle are victims of wage theft. That is why El-Hag & Associates, P.C is a Westchester unpaid wage and unpaid overtime law firm, focusing on employment law in Westchester New York. If you find that you have not been paid properly, contact El-Hag & Associates, P.C today and we can help you get the unpaid wages or unpaid overtime that your boss has not paid you. Make sure you protect your rights and your livelihood.