There are many ways in which New York employees and others can be discriminated against at work. People who feel as if their rights have been violated may first need to file an Equal Employment Opportunity Commission (EEOC) charge. It must be filed within 180 days of an event that an individual believes was a violation of employment laws. Once the charge has been filed, the company is notified of the charge.
This will happen within 10 days of the EEOC being notified of the employee’s complaint. At this point, an investigation will take place that will determine whether there is cause for the allegation. If there is cause, the conciliation process will begin. Conciliation is a negotiation process that may resolve the issue without the need to go to court, and in some cases, it will lead to a settlement.
However, if this process fails, the EEOC may issue a right-to-sue letter. It may also file a lawsuit on behalf of the employee who made the claim. If the EEOC finds that there was no cause, it will also issue a right-to-sue letter on the individual’s behalf. A lawsuit must generally be filed within 90 days of receiving the letter.
Those who are over the age of 40 are generally protected from age discrimination in the workplace. Employees of any age may have protection against wrongful termination or other employment decisions based on gender, race or other attributes. An attorney may be able to review an employment discrimination case to determine how to proceed with it. This may be true whether it is resolved after filing a complaint with the EEOC or if it needs to be resolved by going to court.