These questions and answers provide general information about employment
discrimination. They are not intended as, and do not constitute, legal advice.
What is employment discrimination?
What should I do if I think I have
been discriminated against?
How do I know if annoying or
bothersome behavior is sexual harassment?
I think I 've been discriminated
against because of my race/sex/age/religion/national origin/disability, but I
also think there may be another reason for the employment related action that
was taken against me. Is this still discrimination?
I am over 40 and was recently laid
off. My employer asked me to sign a waiver that I would not bring any claims
against the company and I signed it. Does that mean that now I can't bring a
discrimination claim against my employer?
Does the sexual harassment law apply
where the harasser is the same sex as the victim?
Do the federal
anti-discrimination statutes apply to all employers?
How do I know if I have an
employment discrimination claim?
Should I bother to start my own
employment discrimination case if I know that an action has already been
commenced against my employer, or my prospective employer?
What does it cost to bring an
employment discrimination action?
How long does it take for an
employment discrimination case to be resolved?
What damages are available in
an employment discrimination case?
Illegal discrimination takes place when the motivating factor of any
employment decision is the sex, race, age (for employees over 40), national
origin, religion or disability of an employee.
Discrimination includes harassment which is based on any of the above
characteristics when the harassment interferes with an employee's work
performance or creates an intimidating, hostile or offensive work environment.
Discrimination may also occur when an employer uses neutral job policies
(such as a test or certain application or promotion procedures) that
disproportionately exclude employees with the above characteristics and are not
job related.
Discrimination does NOT occur when another employee receives the job,
promotion, or other benefit you desire but that employee has the same
characteristics as you (i.e. race, sex, etc.)
There are a few things that you can do.
If you are still employed at your company, and there is a complaint
procedure or an employee relations or human resources department, you may want
to file a complaint or speak with someone in those departments. If there is no
such procedure in place, you may want to speak with a manager or supervisor, if
you feel comfortable doing so.
You may also want to contact the Equal Employment Opportunity Commission ("EEOC")
in your area or the State Human Rights Division. Before most types of
discrimination lawsuits can be brought, an employee must file a charge with the
EEOC within either 180 days or 300 days from the date of the discriminatory act,
depending on certain factors.
Employees of the federal government, including the United States Postal
Service, may have different complaint procedures. These employees should check
with their personnel departments for the appropriate procedures.
You may also want to contact a lawyer before communicating with the EEOC or
your employer. Bernstein Litowitz Berger & Grossmann, as well as other
professionals in this area, will handle your inquiries discreetly and advise you
of your rights without any obligation. Of course, Bernstein Litowitz Berger &
Grossmann will also maintain the strictest confidence in evaluating your
employment discrimination claim.
There are two types of conduct which may constitute sexual harassment. Both
of them are considered "sex discrimination" under federal law.
The first type of sexual harassment is called "Quid Pro Quo"
sexual harassment. Unwanted sexual advances, requests for sexual favors, or
other verbal or physical conduct of a sexual nature constitutes sexual
harassment when giving in to or rejecting this conduct will affect your
employment.
The second type of sexual harassment is called "Hostile Work
Environment" sexual harassment. This type of sexual harassment takes place
when conduct of a sexual nature -- either verbal or physical -- unreasonably
interferes with your work performance or creates an intimidating, hostile or
offensive work environment.
Whether the objectionable behavior will legally constitute sexual harassment
depends on whether the average person in the victim's position would find the
behavior hostile or abusive.
Yes. Under the Civil Rights Act of 1991, illegal discrimination exists when
the discrimination was a motivating factor for the complained of employment
practice, even though other factors also motivated the conduct at issue.
Not necessarily.
Under the Older Workers Benefit Protection Act, 29 U.S.C. § 621 et
seq., in order for a waiver to be considered valid, the waiver must be written
in a manner that is "calculated to be understood," must allow the
employee at least 21 days (in some cases, 45 days) to review the waiver before
deciding whether to sign it, must provide the employee with some additional
compensation or benefit to which he or she was not already entitled, and must
contain other specific information. The waiver must also provide that for a
period of at least 7 days following the signing of the waiver, the employee may
revoke the agreement.
In all cases when you are presented with such a waiver agreement, it is a
good idea to have an attorney review the agreement before signing it.
Yes. The Supreme Court decided on March 4, 1998, in a case entitled Oncale
v. Sundowner Offshore Services, Inc., No. 96-568, 1998 U.S. LEXIS 1599 *3 (Mar.
4, 1998), that "Title VII's prohibition of discrimination 'because of sex'
protects men as well as women." This protection extends to both men and
women in "quid pro quo" sexual harassment and "hostile work
environment" harassment where the harasser is of the opposite sex or the
same sex.
No.
Title VII of the Civil Rights Act of 1991, which is the primary
discrimination statute, and the Americans with Disabilities Act apply to
employers with more than 15 employees.
The Age Discrimination in Employment Act applies to employers with 20 or
more employees.
If you believe that you have been discriminated against by your employer or
prospective employer, you may have a claim. Bernstein Litowitz Berger &
Grossmann can quickly investigate the facts and advise you as to whether you
have a viable employment discrimination claim. E-mail us at
blbg@blbglaw.com or call firm
partner Jerry Silk (212-554-1282)
and your inquiries will be promptly responded to.
If you have experienced discrimination in your workplace, or by a
prospective employer, you should exercise your right to choose the best
available lawyers to pursue your employment discrimination claim. Selecting
experienced counsel insures that your claims will be pursued diligently.
Bernstein Litowitz Berger & Grossmann has a proven record of obtaining
excellent results for employees.
Bernstein Litowitz Berger & Grossmann prosecutes all of its employment
discrimination cases on a contingency basis. All costs and expenses of the
litigation are advanced by Bernstein Litowitz Berger & Grossmann. We
receive attorneys' fees if, and only if, we are successful in obtaining a
recovery for the employee.
It varies. Some cases settle shortly after the action is brought, and some
cases may be litigated for years and eventually go to trial. Bernstein Litowitz
Berger & Grossmann aggressively prosecutes its cases and seeks to move them
along as quickly as possible.
An employee may recover damages for back pay, front pay, prejudgment
interest and lost benefits. An employee's recovery may also include
compensatory damages for non-monetary losses such as emotional pain,
inconvenience, mental anguish and loss of enjoyment of life. If the employer's
actions were particularly egregious, an employee may be entitled to punitive
damages. For example, under Title VII of the Civil Rights Act of 1991, an
employee may recover up to $300,000 in compensatory damages and punitive
damages, in addition to damages for monetary losses such as back pay, front pay,
prejudgment interest and benefits.
