Experienced Representation For Discrimination Claims
Discrimination is an extremely contentious issue in today’s world. The media and the public have become more aware and vocal regarding discrimination in recent years. For both employees and employers, it can be difficult to see the truth of the matter through the public noise. In the course of any discrimination claim, it is critical to work with an experienced lawyer who can help you understand the law and protect your interests in the process.
The Law Offices of Jason L. Abelove, PC can represent you if you are an employer or employee in an employment discrimination claim or any other employment-related legal claim. With more than 25 years of experience representing clients in Garden City, Long Island and throughout New York, attorney Jason Abelove is a well-respected, savvy negotiator and a skilled litigator. The firm can help you pursue the best outcome in your discrimination case.
Common Workplace Discrimination Questions
Before you take action, it is important to know the truth about discrimination claims. Here are a few common questions and answers:
What Is Discrimination?
Discrimination is any negative treatment of an employee for the sole reason of that employee’s membership in a protected class. Protected classes include race, religious beliefs, age, gender, national origin and others. The negative treatment of an employer toward an employee can include firing, failing to hire, passing over for a promotion, underpaying, withholding of benefits and other related actions. In some cases, sexual harassment can be a form of discrimination.
Is Every Case Of Firing Or Demoting Someone Considered Discrimination?
No. You’ll notice in the explanation above that the negative action taken by the employer has to be for the sole reason of the employee’s membership in a protected class. In many cases, the employee claiming discrimination has given the employer plenty of other reasons for the employer’s actions.
For example, an employee has been failing to show up for work, without notice, once a week for six months. If the employer fires this employee, there probably will not be a valid discrimination claim. However, if the employer fires the employee because of his or her race, parental status or religion, it would support a discrimination claim.
For both the employer and the employee, it is critical to work with an attorney who understands the law and processes involved with these claims. With experience and knowledge, clients can find efficient, favorable resolution.
Can An Employer Fire An Employee For Reporting Discrimination?
An employer can technically fire an employee for reporting discrimination, but it is illegal. The practice of firing or demoting an employee for reporting illegal activity is called retaliation, and it is against the law. An employee who has been subject to retaliation can pursue financial compensation.