Treated differently because of who you are
Treated differently because of who you are
It is illegal to fire, refuse to hire, underpay, demote, harass or deny an accommodation to a worker because of race, color, national origin, citizenship or immigration status, religion, sex, pregnancy, sexual orientation, gender identity, age, disability and other protected traits. New York City and New York State protect more traits and more workers than federal law does.
The laws that protect you
| Law | Who it covers | Deadline |
|---|---|---|
| Title VII, the ADA and the Pregnant Workers Fairness Act (federal) | Employers with 15 or more employees | Charge with the EEOC within 300 days in New York, New Jersey and Florida |
| Age Discrimination in Employment Act (federal) | Workers 40 and older, at employers with 20 or more employees | Charge with the EEOC within 300 days |
| New York State Human Rights Law | All employers, regardless of size | Generally three years |
| New York City Human Rights Law | Most employers in New York City | Generally three years in court |
| New Jersey Law Against Discrimination | Employers of every size | Two years |
| Florida Civil Rights Act | Employers with 15 or more employees | Charge with the Florida Commission on Human Relations within 365 days |
Harassment
Sexual harassment and harassment based on any protected trait are forms of discrimination. Under the New York State Human Rights Law, harassment does not have to be "severe or pervasive" to be unlawful; it is enough that the worker was treated worse than others because of a protected trait, unless the conduct was only a petty slight or trivial inconvenience. New York employers must also provide annual sexual harassment prevention training.
Accommodations
Employers must reasonably accommodate disabilities, pregnancy-related limitations and sincerely held religious practices unless the accommodation would cause undue hardship. Denying a reasonable request, or firing someone for making it, can be unlawful.
How we help
We evaluate the evidence, file agency charges and lawsuits, and negotiate settlements, including the terms of any confidentiality or non-disparagement clause. New Jersey and federal law limit agreements that would silence a worker about discrimination or harassment. See severance and employment agreements and retaliation.
Frequently asked questions
How long do I have to file a discrimination claim?
It depends on the law. Federal claims need an EEOC charge within 300 days in New York, New Jersey and Florida. New York State and City claims generally allow three years, New Jersey allows two years, and Florida Civil Rights Act charges must be filed within 365 days.
My company is small. Am I still protected?
In New York State and New Jersey, yes: the state laws cover employers of every size. Federal law generally applies only to employers with 15 or more employees, or 20 for age claims.
Do I have to complain to HR first?
Reporting harassment internally is often important, and many policies require it, but it is not always a precondition to a claim. A lawyer can advise you on the safest way to report.