Employment Law- Workplace Discrimination

At Rudolph F.X. Migliore, P.C. we are focused on workplace discrimination laws in New York. Our firm has a vast amount of knowledge on employment discrimination laws, which compels our attorneys to defend the rights of those who have undergone any type of discrimination in the workplace.

Workplace discrimination can happen in many different ways. There are numerous types of discrimination that can occur in the workplace. Occasionally, workplace discrimination can be explicit. However, often times it can be very implicit. Workplace discrimination frequently occurs when an employee faces unequal treatment based on their cultural associations or personal traits.

Employment discrimination laws mandate that in the workplace, people must be treated equally regardless of their race, sexual orientation, ethnicity, culture, gender, or personal traits.
According to federal, state, and local laws, employees in New York State must be protected against workplace discrimination. These significant laws make it illegal to treat individuals in the workplace differently and wrongfully discriminate based on their disability, religion, race, national origin, gender, and other special classifications.

Fighting against Workplace Discrimination

Employers who violate workplace discrimination and Human Rights laws in New York also violate federal laws such as: Title VII of the Civil Rights Act of 1964

According to, Title VII of the Civil Rights Act of 1964. (n.d.). Retrieved October 01, 2020:

“Title VII prohibits employment discrimination based on race, religion, color, religion, gender, and national origin.” The law also prohibits harassment or other unlawful employment action of discrimination. In addition, this law also actively protects employees against retaliation for pursuing a claim concerning workplace discrimination.

In essence, “Section 102 of the CRA amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII”
Title VII of the Civil Rights Act of 1964. (n.d.). Retrieved October 01, 2020

Sexual Harassment in the Workplace

What is Sexual Harassment?

Sexual Harassment is an inappropriate and illegal type of discrimination based on an individual’s gender. It constitutes uninvited sexual behavior that forms a hostile and offensive atmosphere, and when it is utilized as the central means for hiring, raises, promotions, assignments, or any employment choices.

What are some examples of Sexual Harassment? 

• Offensive remarks/ jokes that are sexual
• Unsolicited touch
• Exhibiting visual pornographic content
• Sexual comments or gestures
• Forced sexual acts

Sexual harassment is unlawful by Title VII of the 1964 federal Civil Rights Act, New York State Human Rights Law and, New York City Administrative Code.