Employment Discrimination


Protected Classes

In the course of their employment many employees experience a hostile work environment or discrimination where co-workers or management treat an employee or a group of employees unfairly.  However, not all hostile work environments will support a claim under New York or Federal Law.  In order to be actionable the cause of the hostile work environment must be discrimination based upon membership in a protected class.  Often a person needs a meeting with an employment discrimination lawyer to determine whether they have a claim.

Am I in a protected class?

Of course you are, since race and gender are protected classes and everyone has a race and a gender we are all members of protected classes so if we suffer discrimination as a result of either our race or gender we have the basis for a claim under State and Federal Law.

What are the other proctected classes?

The family of protected classes seems to be growing all the time.  Under New York Law protected classes now include Age, Disability, Gender (including pregnancy childbirth and related medical conditions), Race, National Origin, Color, Sexual Orientation, Religion, Genetic Characteristics, Marital Status, Familial Status, Sexual Orientation, Gender Identity, Military Status, Observance of the Sabbath, Use of a Service Dog, Status as a Victim of Domestic Violence and, under certain conditions, criminal record.  Not only can you be discriminated against because you belong to one of these classes but you may also  have a claim if it is perceived that you belong to a protected class and suffer discrimination.

How do I know if I have a claim?

Remember that unless you are a public employee  there is no requirement that your co-workers or boss be nice or even fair to you.  However, if you feel you are being treated differently due to your membership or perceived membership in one of the above protected classes then it is time for a consultation so that we can discuss your various options.

What can I do to prepare for the consultation?

The best thing you can do is have a goal in mind.  It is difficult to plan strategically without that ultimate goal.  Secondly, gather as much evidence as you can to support your claim without discussing your plans outside your inner circle.

Contact Us Now

If you are like most employees suffering discrimination you have taken abuse after abuse before even considering speaking with a lawyer so it is extremely important that you have a consultation as soon as possible to protect against the expiration of time to bring certain claims. Call (315)422-2800 or email don@kellylawcenterpc.com to set up you consultation now!