D'ORAZIO PETERSON, LLP                        518.308.8339
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                                                  NEW YORK SEX DISCRIMINATION LAWYER FOR ALBANY, SARATOGA, GLENS FALLS AND MORE

                                                  TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 AND THE NEW YORK HUMAN RIGHTS LAW MAKE IT UNLAWFUL TO DISCRIMINATE AGAINST SOMEONE BECAUSE OF THEIR SEX

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                                                  Discrimination, whether based upon gender or something else, does not always take the form of a "hostile" workplace.  Often, members of a protected class find themselves being consistently treated differently, whether in job duties, pay or some other aspect of the job.

                                                  If you believe you have been the victim of workplace discrimination based upon sex or gender, it is absolutely crucial to speak with an attorney immediately.  Strict timelines can govern potential claims for sex or gender discrimination, and often there is more than one option to consider for bringing a claim.

                                                  The United States Equal Employment Opportunity Commission and the New York State Division of Human rights are agencies that receive and address complaints of, among other things, sex and gender discrimination.  Often claims are filed with both agencies concurrently, however choosing which will be the primary investigative body can have a substantial impact on your case.

                                                  Frequently Asked Questions

                                                  Q: I would like to file an EEOC complaint for gender discrimination.  Will this mean that I cannot bring a lawsuit?

                                                  A:  An EEOC complaint can be a pre-cursor to a Federal law suit.  If the EEOC does not issue a finding on the complaint within a certain period of time, or does not agree that discrimination took place, you may be entitled to commence a claim in a Federal Court.

                                                  Q: I believe that I have proof to show that I have been receiving a lower rate of pay than my male counter-part, and we both perform the same work.  Do I have a claim?

                                                  A: You may have a claim under the Equal Pay Act, which ensures that men and women in substantially equal jobs be given the same pay for the same work.  In such cases you may have an option to go directly to court with your claim, however the decision whether to do so can and should depend upon a number of factors.

                                                  Q: Since I told my supervisor that I was pregnant she has taken away all of my meaningful work.  Is there anything I can do?

                                                  A: As long as you are able to perform the essential elements of your job, your employer may not generally treat you differently because you have advised them that you are pregnant.  Depending upon when the discrimination took place, you may also be entitled to relief under the Family Medical Leave Act (FMLA).  Visit our page discussing this topic here: http://www.spetersonlaw.com/family-and-medical-leave-act-fmla.html
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