Patterns that come up on the job
Workplace discrimination during employment tends to show up in pay, promotions, assignments, schedules, and discipline that is applied more harshly to some people than others. New York requires equal pay for substantially similar work across protected categories, not only between men and women. Accommodation requests are another frequent source of disputes, including for a disability, pregnancy, or religious practice, and federal law now separately requires reasonable accommodation of pregnancy-related limitations. New York City law expects employers to engage in a cooperative dialogue when an accommodation is requested, and skipping that conversation can be a problem on its own. Comments by decision makers can matter, although many cases are built on the comparison rather than on anything said.
Comparisons as evidence
Because employers rarely state a discriminatory reason, how similarly situated colleagues were treated is often the core of the case. Useful material includes pay records, job descriptions, promotion postings, performance reviews, and schedules, together with notes of who was selected and why. You may know only part of that picture, and much of the rest usually comes out later through the formal exchange of information. Keep your own reviews and messages, share with a lawyer the names of colleagues whose treatment you can compare, and ask before taking anything belonging to the company. If you asked for an accommodation, keep the request and every response.
Raising it, and what follows
Many people raise the issue internally first, and a complaint about discrimination is protected against retaliation. Outside the company, claims can go to the EEOC, the New York State Division of Human Rights, or the New York City Commission on Human Rights, and in some cases directly to court. Each route has its own filing window. We look at which characteristic is involved, which laws reach your employer, what the comparison shows so far, and whether staying in the job while the issue is addressed is workable.
