Employment Discrimination

Workers in New York are protected against discrimination by Title VII of the federal Civil Rights Act, the New York State Human Rights Law, and the New York City Human Rights Law. These laws prohibit discrimination in employment on the basis of age, sex, race, sexual orientation, marital status, disability, and a number of other protected categories.

Victims of discrimination in New York may pursue their claims by filing a charge of discrimination with the federal Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights, and the City Commission on Human Rights. Claims of employment discrimination may also be filed directly in state or federal court. Protected classes under New York City Human Rights Law include: age, immigration or citizenship status, color, disability, gender (including sexual harassment), gender identity, marital and partnership status, national origin, pregnancy, race, religion/creed, sexual orientation, veteran/military status, arrest or conviction record, credit history,  pre-employment marijuana testing, unemployment status, sexual and reproductive health decisions, salary history, and status as a victim of domestic violence.

• Mid six figure settlement on a race discrimination case filed against NYC publishing company on behalf of an African-American employee who was harassed and terminated due to his race.
• $1.6 million dollar settlement for executives of major US hospital who claimed that she was terminated because of disability discrimination.
• Mid six figure settlement for a female salesperson in a sex discrimination lawsuit against a major technology company.
• $140,000 settlement for a bookkeeper who filed national origin discrimination lawsuit against foreign airline.
• $135,000 settlement for salesman of national fire safety company who alleged he was victim of wrongful termination due to his religion.
• Successfully defended the Long Island Railroad in obtaining dismissal of employee lawsuits alleging disability and age discrimination.
• Successfully obtained dismissal of sexual assault allegations against owner of a factory in Brooklyn
• Successfully defended the Inspector General of the Metropolitan Transit Authorities in a lawsuit claiming violation of the free speech rights of MTA’s Director of Security.
• Obtained Second Circuit victory on disability discrimination case against New York City Transit Authority

It is against the law for anyone to retaliate against you because you opposed an unlawful discriminatory practice or made a charge or filed a complaint of discrimination.

Since 1996, Lou Pechman has moderated an annual program at New York County Lawyers’ Association on “How to Handle an Employment Discrimination Case.” He has also lectured at the Practicing Law Institute and the American Bar Association on employment discrimination issues.