It’s a rare person who can avoid workplace conflicts. Still, in the positive work environment, employees manage to tackle misunderstandings effectively and reach consensus quickly so that the team’s overall productivity don’t suffer. Unfortunately, not all employees are lucky to work in the environment conducive to respectful, non-discriminatory, and ethical employee relationships. Sometimes, New York workers face various forms of bullying and discrimination in the workplace, which may result not only in their inability to successfully fulfill their work duties, but also a serious psychological trauma and health problems. If you happen to fall victim to harassment, retaliation, suspension, discrimination on any ground, wrongful termination or any other unlawful workplace behavior, or just want to know how to protect your employee rights at the new job, you may find our today’s article helpful.
What Law Protect Employees in New York
In New City there are three laws that govern the most discrimination cases. The first is the federal law, which is also known as Title VII. The second is the New York State Human Rights Law. And the third is the New York City Human Rights Law (NYСHRL). The NYСHRL is by far the broadest law of the three. The statue provides it is to be interpreted more broadly that its state and federal counterparts. All employees working in NYC are protected by one of the most expensive and broadest human rights laws in the country. It was enacted in the early 1990s. Back then there was a real concern that the law would be struck down as unconstitutional because the federal government and New York State had already enacted their own human rights laws. Luckily for all New Yorkers in the labor market, the trial and appellate court both agreed that the law was constitutional and the city council had the right to enact it just for workers in the city of New York.
Under the NYCHRL, employees are protected from any action that would be qualified as being treated less well than their coworkers. Such “less well” actions may include transfers to undesirable shifts or work locations, harassment or abuse, demotion or reduction in pay. The court will look specifically at what it is that you’re saying is happening to you at the workplace. It will also ask itself if this is the situation where this employee has been treated less well than others. So, the verdict mostly depends on the professionalism, experience, and legal acumen of employment lawyers New York. A lot of people wonder if they’re covered under the law and what they’ve experienced is an instance of discrimination. If you feel as though you’re being treated differently on your job, you want to follow our simple recommendations provided below.
# 1 Know Your Rights and Responsibilities
Very often authoritarian employers remind the employees of their duties, at the same time, they rarely mention rights employees have. Not to feel helpless and vulnerable, you need to understand how legislation affects you as an employee and what rights it grants you. Some of them include the right to the minimum wage, safe workplace, paid statutory holidays, temporary leaves, overwork pay, meal breaks, and protection from excessive work and retaliation. Make sure you know your rights and do assert them in your workplace. Don’t take violations and discrimination for granted. It’s up to you to stand up against any form of inappropriate workplace behavior and demand fair treatment from your employer and coworkers. That being said, you need to be mindful of our responsibilities. You must arrive on time for work and performing your work as it was stipulated by the contract, either verbal or written. Your employer can fire you if you are always late for work, always do a poor job, or show up drunk at work.
# 2 Explain Your Problem
If you feel as though you’re being unfairly treated, mocked, or harassed by your colleagues, you may want to try explaining or writing to the person who causes your discomfort directly and explain how their actions are affecting you. If can be hard to maintain composure and remain calm when you confront unfair treatment or misbehavior at the workplace. Still, even in such emotionally difficult situations, you need to calm down and explain and discuss the causes of your feeling uncomfortable with a supervisor or employer. Don’t raise your voice and never stoop to insults. Don’t get personal and overly confrontational. Try to be as objective as possible when explaining you situation.
# 3 Report Misbehavior
If you don’t feel comfortable discussing your problem with a perpetrator and would prefer to make a disclosure to someone else, or if you feel that the behavior should be reported – perhaps, because if you don’t, others could be affected, – then you should report the incident immediately. Be ready to provide as much information or evidence as you can so as to help with any inquiry or investigation. Before you do this, it’s a good idea to gather your thoughts and note down as many details as you can about what happened. Your notes should include the date, time, and place, what happened, and anything in particular that was said and any offensive language that was used. Include who was involved and anyone who might be able to confirm what happened. And if you heard of other people who’ve had similar experiences, make a note of their names, too. Describe how the event made you feel and if it affected your health in any way. You also want to record what happened in the aftermath. For example, did you seek any help or advice from anyone or need any medical attention? If you reported what happened, who did you report it to and what did they say?
# 4 Get Legal Help
There are times when employees find themselves incapable of resolving the workplace conflict on their own. If instances of bullying, discrimination, or harassment continue to occur on a regular basis, it’s about time you contacted an experienced employment attorneys that can help you out. Schedule a meeting with the lawyer who can represent you in court and prepare a strong defense on your behalf. Thus, you’ll be able to defend your rights, restore your reputation and justice in the workplace.
