Even though there are numerous laws designed to prevent it, workplace discrimination remains a serious issue in the United States. Unfortunately, many misconceptions surround this topic, confusing employees about their rights and the steps they can take when facing discrimination. Being an employment lawyer licensed in NY and NJ, I know a few things about workplace discrimination, having extensive experience handling these types of cases with my firm, Hyderally and Associates. In this article, I’ll share my experience to debunk common myths about workplace discrimination and provide clarity on the legal protections available to employees.

Myth 1: Workplace Discrimination is Rare

Workplace discrimination isn’t nearly as rare as most people would like to think. According to the Equal Employment Opportunity Commission (EEOC), tens of thousands of complaints are filed each year, covering a wide range of discrimination types including race, gender, age, disability, and more. For example, 57% of Black Americans report experiencing pay discrimination, and 31% of women face gender discrimination in hiring processes. Discrimination is more pervasive than many realize, impacting employees at all levels and across various industries.

At Hyderally and Associates, we’ve handled numerous cases where discrimination was not immediately obvious, yet deeply impacted our clients’ careers and livelihoods. Through thorough investigation and strategic litigation, we have successfully highlighted systemic issues within organizations, securing justice and compensation for our clients.

Myth 2: Only Direct Evidence Counts

Many believe that proving discrimination requires direct evidence, like a discriminatory statement from a supervisor, for example. However, the law recognizes circumstantial and statistical evidence as valid forms of proof. This includes patterns of behavior or decisions that disproportionately affect a protected class. For instance, if an employer consistently promotes less qualified individuals over more qualified members of a protected class, this pattern can be seen as evidence of discrimination.

In our cases at the firm, we often gather circumstantial evidence, such as discrepancies in performance reviews or inconsistencies in the application of company policies, to build a strong case. By demonstrating a pattern of unfair treatment, we’ve helped many clients achieve favorable outcomes even when direct evidence was not available.

Myth 3: Filing a Complaint Guarantees Justice

While filing a complaint with the EEOC or other relevant bodies is a crucial step, it does not guarantee a resolution in the complainant’s favor. The EEOC’s statistics reveal that only a small percentage of cases are resolved in favor of the complainant during the pre-litigation phase. Many cases require further legal action, and that process can be lengthy and complex.

We often guide our clients through the entire process, from filing the initial complaint to litigation if necessary. Our thorough preparation and strategic approach have been instrumental in achieving successful resolutions, even in challenging cases where initial complaints were dismissed.

Myth 4: Discrimination Laws are the Same Everywhere

A common misconception is that federal laws uniformly apply across all states. In reality, state and local laws can vary significantly and sometimes offer greater protections than federal law. For example, New York City has specific laws that provide broader definitions and protections against workplace discrimination compared to federal statutes.

Since I’m licensed in both NY and NJ, my firm and I are well-versed in navigating the nuances of state and local discrimination laws. This knowledge allows Hyderally & Associates to leverage the strongest legal protections available for our clients, ensuring they receive the most comprehensive defense of their rights.

Myth 5: Complaining About Discrimination Will Lead to Retaliation

While it’s totally valid to be afraid of retaliation, it’s important to know that there are laws protecting employees from being punished for filing complaints about discrimination. Retaliation itself is considered a form of discrimination and can result in additional claims against an employer.

We’ve successfully represented clients in retaliation cases, securing additional damages for those who faced punitive actions after speaking out. Our approach emphasizes addressing the initial discrimination and protecting our clients from any subsequent retaliatory behavior.

Myth 6: Discrimination Only Affects Job Applicants and Entry-Level Employees

Discrimination can impact employees at any stage of their career, not just during hiring. This includes promotions, pay raises, job assignments, and even layoffs. Discriminatory practices can show themselves in many ways, affecting both new hires and seasoned employees alike.

Our firm has represented clients ranging from entry-level employees to executives. By understanding the full scope of discrimination, we can address issues comprehensively, regardless of an individual’s position within their company.

Understanding Employment Discrimination Laws in NY and NJ

Workplace discrimination remains a complex and pervasive issue, made worse by numerous myths and misconceptions. Understanding the realities of workplace discrimination laws is important for anyone who believes they may be affected. At Hyderally and Associates, we’re committed to providing the guidance and representation you need to navigate these challenges. If you have questions or need assistance, don’t hesitate to reach out to a qualified workplace discrimination lawyer who can help you understand your rights and options.

By debunking these myths and arming yourself with accurate information, you can take the first step toward addressing discrimination and seeking the justice you deserve. If you believe you have been subject to discrimination, consulting with experienced workplace discrimination lawyers like those at Hyderally and Associates can be your most valuable asset in achieving a favorable outcome.

Resources:
https://www.hsph.harvard.edu/magazine/magazine_article/discrimination-in-america/

https://onlinegrad.pepperdine.edu/blog/conflict-resolution-workplace-discrimination/