Employment discrimination occurs when an employee or job applicant is treated unfavorably because of a protected characteristic such as race, color, national origin, sex, disability, religion, or age. Discrimination may show up in any part of employment, including hiring, promotion, job assignment, termination, compensation, and harassment.

Under federal law, Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) prohibit discrimination based on disability and age, respectively.

New York offers employees even broader protection. The New York State Human Rights Law applies to nearly all employers in the state, and the New York City Human Rights Law applies to employers with at least four employees. Both extend to additional categories such as marital status, sexual orientation, gender identity and expression, caregiver status, and arrest or conviction record, and both are interpreted more generously toward employees than federal law.

Employment discrimination can often be subtle and difficult to prove, requiring an understanding of legal requirements and standards of evidence. Additionally, there are specific timelines, known as statutes of limitations, for bringing a claim of employment discrimination.

For instance, under New York State and New York City law, you generally have three years from the date of the discriminatory act to file a claim. Under federal law, you must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days to preserve your claims.

If you suspect you've been the victim of employment discrimination, acting promptly is crucial. Delaying can result in the loss of evidence and can even bar you from pursuing a claim.