GENETIC DISCRIMINATION IN THE WORKPLACE LAWYER NY
We’ve helped employees just like you recover millions in damages. We can help you too!
We’ve helped employees just like you recover millions in damages. We can help you too!
Genetic information discrimination in the workplace is when an employee or job applicant is treated less favorably than others because of their genetic information. In New York, there are several laws that protect employees from genetic information discrimination in the workplace. These laws that protect employees in New York can be used by employees to protect themselves from discrimination based on their genetic information.
Genetic information is any information about a person's genetic makeup, including DNA and RNA. It can include information about a person's ancestry, genetic disorders, and health conditions.
Do you think that you might have been a victim of gender discrimination? The labor and employment law firm of El-Hag & Associates, P.C can help you. Our Westchester, New York gender discrimination law firm specializes in workplace Genetic information discrimination and workplace harassment. We have recovered millions 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 Genetic information 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 exceedingly difficult to prove Genetic information discrimination because there is no “smoking gun”, so it is best to schedule a consultation with our employment and labor law firm and review the facts.
WHAT IS WORKPLACE GENETIC INFORMATION DISCRIMINATION
Title II of the Genetic Information Nondiscrimination Act (GINA) of 2008 is a federal law that protects employees from genetic information discrimination in the workplace. The statute applies to all employers with fifteen or more employees, including state and local governments. GINA prohibits an employer from discriminating against an employee because of his or her genetic information, including using genetic information to make decisions about hiring, firing, promotions, compensation, benefits, and job assignments. Genetic information discrimination in the workplace is a form of discrimination that happens when an employee is treated differently than when an employer treats an employee or job applicant differently because of their genetics. Genetic Information discrimination can occur in the hiring process, job assignments, promotions, and other aspects of employment.
The law provides several exceptions, such as when an employer is required by law to use genetic information or when using genetic information is part of a legitimate program designed to achieve a lawful business objective. GINA also allows an employer to require employees to undergo genetic testing only if the testing is reasonably related to the performance of the employee’s duties. Employers must take reasonable measures to prevent unlawful discrimination and comply with any court orders concerning investigations or lawsuits arising from discrimination claims under GINA. Penalties for violating the statute can include fines and/or imprisonment.
Genetic information discrimination in the workplace is a reality for many employees in New York. Employees should be aware of their rights and what they can do to protect themselves from discrimination based on their genetics. Protect yourself by knowing your rights under state and federal law. Each state has its own laws protecting employees from genetic information discrimination, and the US Constitution protects all individuals from discrimination based on race, sex, national origin, and other factors. If you believe that you have been discriminated against based on your genetics, talk to an attorney.
Genetic information discrimination is an issue in New York, where employers cannot legally require employees to disclose any genetic information before hiring them or making any decisions about their continued employment in certain jobs, unless it is even if an employee does not have any genetic information that could be used to disadvantage them, revealing this information can still put them at a disadvantage in the workplace.
Some employers have argued that they need access to this information to ensure that they're hiring the best candidates for the job, while others have claimed that they need to know this information to make reasonable accommodations for people who have specific genetic conditions. Or that they believe certain genetic conditions could be affected by toxic work environments that workers are sometimes subjected to. Generally, regardless of the reason, Genetic Information Discrimination is illegal in New York, and employees should not have to disclose their genetic information to secure a job or keep their job.
Examples Of Genetic Discrimination In The Workplace
Pay disparities between an employee that has a genetic defect and all other employees that don’t will equally performing the same job
Promotions and job opportunities that are not equally available to all employees based on genetic information
Failing to provide equal access to development and training opportunities
Harassment such as intimidating comments, gestures, and jokes harassing or intimidating the employee based upon their genetic information
Not offering an employee who hasa sickle cell anemia gene fringe benefits but giving them to healthy employees
Employer gives benefits to healthy employees’ families while not providing benefits to employees or their families if they harbor a gene for sickle cell anemia, heart disease, cancer, or other illness or disease regardless if the employee or their family member currently has the disease
Getting Paid less salary than males doing equivalent work
If in the course of a job interview you are asked if you or any family members of health problems, or whether you or any family members had heart disease, cancer, or other illness
What Is Not Genetic Information 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 gender discrimination by itself. To learn if the treatment on your job is due to fairness in the workplace contact the employment and labor law firm of El-Hag & Associates.
It is not harassment when people in the workplace make petty slights, are annoying, or make isolated discriminatory or derogatory remarks (unless extremely serious) about your gender. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people
Genetic Discrimination. Genetic 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 will only apply that policy to employees with one or more of the genes for colon cancer, whether they currently have it or not.
- Some Exceptions to employees providing Genetic information to their employers include if:
- They inadvertently acquired genetic information such as overhearing a conversation about an employee or family member's illness
- As part of Wellness programs offered by employers voluntarily
- Family medical history as part of the certification process for FMLA or under any state, local, or employers' policy.
- Genetic Information is obtained if an employer stumbles upon your genetic information in any public information source
- To monitor the effects of biological toxic substances as required by state law, where the program is voluntary
- law enforcement that engages in the forensic lab for the purposes of identification only
Our NY Genetic Information Discrimination Law Firm Will Fight to Get Your Money
How Do You Win An Workplace Genetic Information Discrimination Lawsuit?
There are several factors that you must prove to win an employment genetic discrimination lawsuit. If 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”, for example you have a qualified disability that doesn't affect job performance
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 despite your disability.
- 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 had the same or greater abilities than others who applied for a job position. You and the person without a disability had equal experience working in the position you were applying for. If the other individual was hired, but you were not, the company will have to be able to provide a legitimate reason that you, as a qualified individual, was passed over for the job.
5) Does it seem likely that Genetic information 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 of your or a family member's genetic information. There must be a believable cause-and-effect relationship between your gender and the negative job action. For example:
- You were fired BECAUSE of your GENETIC INFORMATION
- You didn’t get a raise BECAUSE of your GENETIC INFORMATION
- You were fired BECAUSE of your GENETIC INFORMATION
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 discrimination cases, your boss is going to have an excuse that explains why you were treated badly. Your responsibility is to demonstrate that your boss’s excuse is not true and that the real reason is genetic information discrimination. For example, if you have congenital heart disease (present since birth) and your employer fired you because you performed your job poorly or had a bad attitude, your boss can terminate you. But if the other co-workers without any adverse genetic information act the same way and perform the job the same way as you, then your employer’s excuse that you performed poorly is most likely a lie.
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Case Results & Testimonials
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How We Help You Get the Compensation That You Deserve For Your Workplace Religious Discrimination Case In Just 4-9 Months
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.
Detailed Consult
Demand Letter
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.
Finalize
Finish the lawsuit, you sign some papers and get your check.
Don't Let Your Employer Intimidate You from Being Compensated for the Religious 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 wages and benefits, and 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 religious 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 Religious Discrimination in the Workplace
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
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Justina Peets
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
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
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
Very responsive and knowledgeable. Great guy who is willing to help no matter how big or small the issue or question.
Kinney Glass
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
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!
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.
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.
“El-Hag helped me recover $100,000 in unpaid overtime because the time spent traveling was not paid”
How can I sue my employer for Religious discrimination?
There are 3 ways that you can file a discrimination lawsuit against your employer in New York. You need to decide what avenue you will take and consider it carefully because generally once you choose one option, you cannot change your mind and pursue another option. This is known as the “election of remedies”.
The 3 main ways to bring a lawsuit are:
1) File a lawsuit directly in New York State Supreme Court. You can file a lawsuit against your employer under the New York State Human Rights Law. You have three years from the time the discriminatory action occurred.
2) File a charge with the EEOC, NY Division of Human Rights (NYDHR) or another local agency. You can file a charge with the Equal Employment Opportunity Commission (“EEOC”) (Federal), NYS Division of Human Rights (State), or local agency (E.g., Westchester County). When you file with the NYS Division of Human Rights, the Division will dual file your charge with the EEOC and the cases will be investigated simultaneously. If the agencies find that your claim has merit, they will issue a probable cause finding and you can then have an administrative hearing to decide your case.
3) File a charge with the EEOC and NY Division of Human Rights, then file a lawsuit in Federal Court. If you file your charges with the EEOC and NYDHR, you can choose to file a lawsuit in Federal Court if you do not want to proceed with these agencies. Once you obtain a right to sue letter from the EEOC, you have a limited time to file a lawsuit in Federal Court to pursue your lawsuit.
Awareness is the first step to stopping religious discrimination. If any of the disability work violations apply to you, then you should call El-Hag & Associates, P.C today. The most important thing is to keep track of the religious discrimination and harassment you were subjected to at work. Do not rely on your employer or others to do that for you.
In Westchester New York, many working men and women living in Yonkers, Mount Vernon, and New Rochelle are victims of religious discrimination. That is why El-Hag & Associates, P.C is a Westchester religious discrimination law firm, focusing on employment and labor law in Westchester New York. If you find that you have been discriminated against at work, contact El-Hag & Associates, P.C today and we can help you get the compensation that you deserve. Make sure you protect your rights and your livelihood.