Employees in New York have clear legal rights. Along with rights under federal laws like Title VII of the Civil Rights Act of 1964 (“Title VII”), employees in New York have rights under state laws (and, in many cases, local laws) as well.
As an employee, understanding your legal rights is important. While this is true in all circumstances, it is especially true when you experience discrimination, harassment or other unlawful employment practices on the job. Unfortunately, there are a lot of common misconceptions out there; and, far too often, employees make uninformed decisions based on inaccurate information.
Don’t Make Uninformed Decisions Based on These Common Misconceptions
With this in mind, what do you need to know about your legal rights as an employee? Here is the truth behind seven common misconceptions about employees’ rights in New York:
1. You Can Only File an Equal Pay Claim if You Perform “Equal Work”
While the phrase “equal pay for equal work” is engrained in many people’s minds, this is no longer the standard for filing an equal pay claim under state or federal law in New York. Instead, the New York State Labor Law entitles employees to equal pay for “substantially similar” work, and the federal Equal Pay Act is now interpreted as requiring equal pay for “substantially equal” work.
While there are exceptions (i.e., exceptions for seniority and merit-based systems), employees who are being paid less than their coworkers will have equal pay claims in many cases. If you believe that you are being paid less than your coworkers because of your membership in a protected class, you should talk to a New York employment attorney about your legal rights.
2. Equal Pay Claims Only Cover Sex-Based Pay Discrimination
While it is true that the federal Equal Pay Act specifically prohibits sex-based pay discrimination, other laws allow employees to pursue pay discrimination claims based on their membership in other protected classes. These laws include the New York State Labor Law, among others.
Under Section 194 the New York State Labor Law, employees can file pay discrimination claims if they are being underpaid based on their, “age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status.” While they are not specific to pay discrimination, federal laws like Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) prohibit pay discrimination as well.
3. You Can Only File a Race, Religion, Sex or Disability Discrimination Claim if Your Employer Has 15 or More Employees
This common misconception is based on the fact that Title VII and the ADA only apply to employers that have 15 or more employees (although this calculation is more complicated than most people realize). While it is true that you can only file a claim under Title VII or the ADA if your employer has the requisite number of employees, these are not the only laws that provide grounds to pursue claims based on race, religion, sex or disability discrimination in New York. As a result, even if you work for a company that isn’t covered under Title VII or the ADA, you may still have statutory grounds to hold your employer accountable.
4. You Can Only File an Age Discrimination Claim if Your Employer Has 20 or More Employees
Similarly, while the federal ADEA only applies to employers with 20 or more employees, employees who experience age discrimination in New York are also eligible to file claims under the New York State Human Rights Law. Thus, employees who work for companies that aren’t covered under the ADEA can still file age discrimination claims in many cases.
5. New York’s State Human Rights Law Only Applies to Employers with Four or More Employees
Another common misconception is that New York’s State Human Rights Law only applies to employers with four or more employees. While this used to be true, the law changed several years ago. As of February 8, 2020, the New York State Human Rights Law, “applies to all employers within New York State, even those with fewer than four employees.”
The New York State Human Rights Law prohibits discrimination in employment on the basis of an employee’s age, arrest or conviction record, citizenship or immigration status, religion, disability, familial status, gender identity or express, marital status, military status, national origin, genetic characteristics, pregnancy, race or color, sex, sexual orientation, and status as a victim of domestic violence. It prohibits harassment in the workplace as well.
6. Repeated Encounters Are Necessary to Establish a “Hostile Work Environment” in Cases of Sexual Harassment
While filing a sexual harassment claim requires evidence of a “hostile work environment” in some cases, victims do not necessarily have to endure repeated encounters before they are eligible to take legal action. In many cases, a single nonconsensual act can be enough to establish a sexual harassment claim under both New York and federal law.
7. If You File a Claim Against Your Employer, the Best You Can Hope for is to Get Your Old Job Back
Finally, many people seem to mistakenly believe that if they file a discrimination or harassment claim, the best they can hope for is to get their old job back. This is not the case. There are several remedies for workplace discrimination and harassment under both New York and federal law—including promotions, pay increases, reasonable accommodations, back pay with interest and additional damages, among others.
Has Your Employer Violated Your Rights? Find Out from an Experienced New York Employment Attorney for Free
Do you need to know more about your legal rights as an employee in New York? If so, we invite you to schedule a free consultation at Bell Law Group. To speak with an experienced New York employment attorney about your legal rights in confidence, give us a call at 516-280-3008 or contact us confidentially online today.
