New York Employment Discrimination

Employment Discrimination Lawyer For Employees Facing Discrimination

New York employment discrimination
Attorney Kelly O’Connell is a well-known employment lawyer in New York City, New York reputed for her hard work and dedication in employment discrimination litigation. She prides herself on the fact that she offers clients the best of both worlds: big firm employment law experience and results along with small firm personal service and attention.
Attorney O’Connell represents employees in employment discrimination disputes. Attorney O’Connell is committed to helping New York City employees who have been wrongfully terminated from employment or otherwise adversely affected by racial discrimination, age discrimination, sexual harassment, disability discrimination, pregnancy discrimination or a host of other work-related afflictions.
There are many facets that makeup employment law. Attorney O’Connell covers a wide range of employment discrimination, sexual harassment, and many other labor issues. Attorney O’Connell fights for employee rights through EEOC claims, Lawsuits or mediation.

An advocate for employees who listens to you and tells it like it is

Unscrupulous methods for mistreating employees are no way to reward you for your loyalty and hard work. You deserve quality, experienced employment law representation that levels the playing field and accords you the dignity and respect that everyone should expect. You should not have to fear the kind of retaliation and intimidation that adversely impacts your progress as a person and a professional. Having a job in New York City shouldn’t mean that you have to endure injustices as a means of retaining your current position. When you don’t get the raise your contract guarantees or if you feel uncomfortable at work, you may need to speak to a New York City, NY employment discrimination attorney.
If you’re not getting paid your promised wages, or you think you’re getting passed over for a promotion because you get a senior discount at the movies, you may need the help of a qualified employment lawyer. Attorney O’Connell helps New York City employees in all phases of employment law. Attorney O’Connell offers you straight answers and reliable advice about your past, present and potential employment. Attorney O’Connell is a New York City employment lawyer who treats her clients with dignity and respect.

    Contact Us Today For A Free Consultation

    Kelly O'Connell
    LEGALLY REVIEWED BY

    Kelly O'Connell

    Attorney O’Connell brings years of experience litigating a variety of employment law, civil rights, and breach of contract causes of action in federal and state courts.

    View Bio

    What type of Employment law cases do we take?



    Sexual Harassment: It is unlawful to harass a person (an applicant or employee) because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

    Discrimination: Includes unlawful bias due to an indivuals protected status under Federal, State, and New York City Law. This can include:
    - Race / Color
    - Sex
    - Pregnancy
    - Gender
    - Age
    - Color
    - Religion
    - National Origin
    - Disability
    - Gender Identity/Expression
    - Sexual Orientation
    - Caregiver status

    Retaliation: This includes wrongful acts against an employee for engaging in certain protected activity, such as being discharged, demoted, suspended, threatened, harassed or otherwise discriminated against. Under the law, "Protected Activity" may include: objecting to or complaining about discrimination, harassment or believing your company is engaging in other unlawful conduct.

    Wage and Hour Law/ Unpaid Overtime: Wage and hour claims under Federal, State, and City law include situations where employees are not paid overtime, not paid for all hours worked, not paid all of their tips or are misclassified as an exempt employee and, as a result, are denied the overtime pay to which they are entitled.

    Breach of Contract: Employment agreements and employment manuals often provide employees certain contractual rights, including a guaranteed period of employment, certain employment benefits and accrual of time off. Some employers breach these terms by firing employees before their guaranteed period of employment expires, by withholding certain employment benefits or by not paying accrued, unused vacation pay.

     

    New York Statutes of Limitations

    Understanding the statute of limitations for Federal, New York State, and New York City employment laws is extremely important. Statute of limitations refers to the amount of time that a an individual has to bring a legal claim or lawsuit. Often there are other preconditions and statutes of limitations with governmental agencies, that can further time bar claims. Should one fail to properly file an employment law claim within the statute of limitations, he or she will lose the right to bring the suit. 

    The amount of time that an employee has to bring an employment law claim depends on the type of claim. The best way to discover how much time you submit your employment law claim is to speak to an New York employment lawyer. Our firm can advise as to how long you have to file your employment law claim in court or with the necessary governmental agency. O'Connell Law, PLLC will aggressively represent your best interests throughout the legal process. Contact our New York City employment lawyers today to schedule your initial consultation. 

    The Statute of Limitations Depends on the Type of Employment Law Claim

    Federal, state, and city employment law gives employees the right to file several different types of lawsuits. New York imposes various statutes of limitations for workplace discrimination claims, minimum wage claims, unemployment claims, employee leave, and workers’ compensation claims. Time is of the essence when it comes to filing an employment law claim or lawsuit. Many employment laws require that an employee file a claim within one year of the incident.

    The statute of limitations typically begins with each unlawful event, or series of unlawful events. This often means your time to file a lawsuit will expire if you do not file a lawsuit within the statute of limitations following the last unlawful event, although a skilled employment law attorney may be able to find possible exceptions.

    180 Day Statute of Limitations in Employment Law Cases

    Employees only have 180 days to file a claim with OSHA under the Sarbanes-Oxley Act. This statute of limitations is one of the shortest in the area of employment law. If you are planning on filing a claim under this Act, we recommend speaking to an employment law attorney as soon as possible.

    300 Day Statutes of Limitations in Employment Law Cases

    Title VII of the Civil Rights Act of 1964: Employees have 300 days to file a claim with the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act of 1964. Title VI protects covered employees from discrimination based on religion, color, race, sex/gender/pregnancy, or national origin.

    Americans with Disabilities Act: Employees also have 300 days to file a charge with the EEOC under the Americans with Disabilities Act for discrimination or retaliation based on a disability.

    Age Discrimination in Employment Act: Employees have 300 days to file a claim with the EEOC for age-based discrimination in the workplace.


    One Year Statutes of Limitations

    Intentional Torts: Employees have a year to file a claim for any of the intentional torts recognized by New York Law, including battery, conversion, assault, and false imprisonment.  

     

    Defamation: Employees have one year to file a complaint in a court of competent jurisdiction for libel and slander. Defamation lawsuits include both slander and libel.

    Two Year Statutes of LimitatioNS

    Family Medical Leave Act: Employees have two years to file a claim when an employer retaliates against them or interferes with their right to leave. 

     

    Fair Labor Standards Act: Employees have two years to file a claim wage and hour violations, which gets extended to three years for reckless or willful violations. Generally, most claims have a three year statute of limitations. 

     

    THREE Year Statutes Of LimitatioNS

    New York City Human Rights Law:  NYC law on discrimination based on age, race, creed, color, national origin, gender, disability, and other classes.

    New York State Human Rights Law: Employees have three years to file a claim based on employment discrimination under state law. The state law covers many classes, including a person’s status as a domestic violence victim, criminal record, or predisposing genetic conditions.

    Dodd-Frank Act: Employees have six years from the date that their employer retaliated against them. Or, they must file within three years after the employee came to know or should have known facts material to the claim. Employees cannot file claims more than ten years after the violation happened.

    42 U.S. Code Section 1983: People can sue the government for civil rights abuses when the defendant acts under the color of state or local law. Victims of civil rights abuses have three years from the date of the violation to file a claim.

    Tortious Interference: People have three years to file a claim for tortious interference with a contract or with a prospective business relationship.

    Four Year Statutes Of LimitatioNS

    42 U.S. Code Section 1983: A person who experienced racial discrimination under this law must file within four years.

    six Year Statutes Of LimitatioNS

    Fraud: A person bringing a fraud claim has six years from the date that he or she discovered the fraud to file a complaint. 

    New York Labor Law: A person who brings a claim for wage and hour violations against their employer has six years to file the complaint. 

     

    Breach of Contract: A plaintiff has six years to file a complaint about a breach of an employment contract in court.

    SExual abuse & sexual harassment statures of LimitatioNS in new york

    In 2019, New York’s Governor Andrew Cuomo signed legislation that extended the statute of limitations on workplace harassment. Previously, employees only had one year to file a claim for sexual harassment in the workplace. Now, employees have three years to file a complaint or lawsuit. The legislation also lifted the requirement that sexual harassment is “severe or pervasive.” Now, employees can submit claims for sexual harassment without meeting the burden of proving that the harassment is severe or pervasive.

    The statute of limitations for sexual harassment at work is now 3 years. New York recognizes different statutes of limitations for sexual abuse, however. Like most other states, New York doesn’t begin enforcing statutes of limitation for civil sexual abuse lawsuits until the victim becomes an adult (age 18 and older). When the abuser intentionally sexually abused a victim, the victim has a year to file a lawsuit.

    When the victim is suing an institution, such as a school or church, for supervising or hiring the sexual abuser, the victim has three years to file a lawsuit. Any sexual abuse lawsuit based on negligence includes also includes a three-year statute of limitations.