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Workers’ Rights Under New York Anti-Discrimination Law

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

10b9db026d89119e951a851045ac17eee7784f79

Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 10, 2026

Read Time: 2 mins

No one should have to endure workplace discrimination. Discrimination is not only wrong, but it is also illegal. Employers who discriminate face stiff penalties under the New York Human Rights Law.

The Human Rights Law protects current and prospective employees from employment bias on the basis of the following characteristics:

Age
Creed
Color
Race
Sex
Sexual orientation
National origin
Marital status
Disability status
Domestic violence victim status
Arrest or conviction record
Predisposing genetic characteristics

Unlawful discrimination occurs when a person is treated differently from others on the basis of one of these protected characteristics. In other words, an employer cannot make decisions about hiring, firing, promotion, or pay raises based on these characteristics. Employers are also prohibited from harassing employees and from retaliating against employees who make claims of discrimination.

How to Pursue a Discrimination Claim

Many discrimination victims choose to file a complaint with the New York State Division of Human Rights. Those complaints need to be brought within 300 days of the date the most recent act of discrimination took place. The Division will investigate your claim. Then the Division will hold a hearing on the matter if they find probable cause exists to believe unlawful discrimination occurred. If the hearing is resolved in your favor, the judge will specify a remedy.

Others may choose to bring an employment discrimination lawsuit in state court. Another possible option is to bring a federal claim with the Equal Employment Opportunity Commission, although federal law recognizes fewer protected classes than New York law. However, the federal statutes mandate that the prevailing party is entitled to attorneys fees and expenses which makes one’s recovery greater if the matter were to go to trial and one prevails since the other side pays the attorneys fees and expenses (although there are also certain damages caps that apply in federal court).

Regardless of which path you ultimately choose, time is of the essence. Your attorney will need to collect evidence and interview witnesses before their memories fade. Further, if you wait too long, your claim might be barred.

If you think you have been the victim of employment discrimination, take action right away. Consult a New York workplace discrimination lawyer who can help you understand your rights and advise you of the best options to pursue.

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   LWelsh 
 1 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 22 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 86 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 89 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 124 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 137 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 147 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Workers’ Rights Under New York Anti-Discrimination Law

How to Pursue a Discrimination Claim

Why Trust Us?

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