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Discrimination: Being treated Unfairly. NY Law

Discrimination: Being treated Unfairly. NY Law

It is illegal for your boss to discriminate against you. Discrimination is when you are
treated differently because of your:
– age,
– sex,
– race,
– color,
– citizenship,
– disability,
– religion,
– sexual orientation,
– personal beliefs,
– country of origin, or
– pregnancy.
If an employer refuses to hire you, refuses to promote you, treats you differently than the
other workers in any way, or fires you because of any of these reasons, you may have been
discriminated against. There are also some questions that you cannot be asked in a job interview
or application. These include questions about your age, race, religion, what country you come
from, disability, whether or not you are married or have children, and other personal things.
Under New York law, the laws that make discrimination illegal do not cover employers
with fewer than four employees. If you work for an employer with fewer than four employees,
and you feel like your boss is discriminating against you, call your local workers’ rights center
to get advice.

Discrimination is hard to prove. If you think your boss is discriminating against you,
write down everything that you think is discrimination, including names, dates, evidence, any
other important details, and anyone who saw or heard it happen. You should also talk with your
co-workers to see if it is happening to them too – you may not be alone. If the place where you
work has a way for you to make a complaint, you should make one. Then, contact your local
workers’ rights center to get advice, or the New York State Division of Human Rights to make a
complaint. In these cases, it is also a good idea for you to talk to a lawyer.

“My boss keeps asking me out but I keep telling him I don’t want to go out with him. I think
this is wrong. What can I do?”
Sexual harassment is a kind of discrimination, and it is illegal. Many different things can
be sexual harassment – you do not have to be touched to be harassed. If someone you work with,
including your boss, is making you feel uncomfortable by asking you out repeatedly, touching
you in a way you do not want, making dirty jokes to or about you, talking to or about you in a
sexual way, asking you to do sexual things you don’t want to do, or any other sexual behavior
that makes it hard for you to do your job, they may be breaking the law. If your boss tells you
that you will be fired or lose a promotion or benefit if you do not allow the behavior to continue,
or if you are given a promotion or other special treatment for allowing the behavior to continue,
that can be sexual harassment too.

If you think you are being sexually harassed at work, you should follow the advice given
above for discrimination. Keep a record of everything that happens, as detailed as you can get.
Then, make an official complaint to the management of the place where you work, if there is a
way for you to do so. If there are no rules about making a complaint, you should still tell the
management of your workplace what is going on. If you are being harassed, your employer is
legally required to look into your complaint and prevent the harassment from happening.
After you have complained to the place where you work, you can file charges with the
Equal Employment Opportunity Commission (within 300 days of the harassment), the New York
State Division of Human Rights (within one year of the harassment), or sue in New York state
court (within three years of the harassment).

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