Frequently Asked Questions
Clear Answers. Confident Decisions.
Discrimination & Harassment
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It is a violation of federal, state, and local law for an employer to discriminate against you based on your protected characteristics like race, color, national origin, sex, gender identity, sexual orientation, age, disability, religion, or pregnancy. Discrimination can occur in hiring, firing, promotions, compensation, conditions of employment, or other employment and workplace-related decisions.
New York State and New York City laws provide expansive protections for employees, such that discrimination is unlawful where an employee has been treated “less well” than an employee who does not share the same protected characteristic.
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Unlawful harassment is unwelcome conduct based on a protected characteristic that creates a hostile work environment. Unlawful harassment may include offensive comments, jokes, or other inappropriate actions.
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Sexual harassment is unlawful harassment based on a person’s sex, gender, gender identity, gender expression, or sexual orientation. Unwelcome physical touching, sexual innuendos, comments, propositions, gestures, and displays of sexual material, may create a hostile work environment. Sexual harassment may also take the form of “quid pro quo” harassment, where a supervisor conditions hiring, promotion, continued employment, or other conditions of employment on sexual favors.
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Yes. Under most anti-discrimination laws, harassment based on any protected characteristic is unlawful.
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Employers may be held responsible for harassment by coworkers if they knew (or should have known) about it and failed to take appropriate action.
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Yes. You don’t need to be fired or demoted to have a valid discrimination claim. If you’re facing ongoing harassment, unequal pay, or being passed over for promotions due to a protected characteristic, you may have a case. In addition, you are protected from retaliation for filing a claim.
Retaliation
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Retaliation occurs when an employer punishes you for engaging in legally protected activities, including reporting discrimination, filing a complaint, or participating in an investigation. Retaliation can include termination, demotion, reduced hours, reassignment to less favorable job duties, or creating a hostile work environment.
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You might. It’s illegal for an employer to retaliate against you for reporting discrimination or harassment. If you were fired, demoted, or treated unfairly soon after making a complaint, you might have a retaliation claim.
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Even informal complaints—like reporting harassment to HR or voicing concerns to a supervisor—are often protected. Retaliation doesn’t require a formal, written complaint to be illegal.
Reasonable Accommodations
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A reasonable accommodation is an adjustment to your job or workplace that enables you to perform your duties without imposing significant difficulty or expense on your employer. You may request such an adjustment to accommodate your disability, pregnancy-related condition, lactation, religion, or status as victim of domestic violence, sexual violence, or stalking.
Reasonable accommodations may include modified work schedules, remote work options, ergonomic equipment, or temporary leave.
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No. It’s illegal for an employer to retaliate against you for requesting an accommodation under laws like the Americans with Disabilities Act (ADA), Pregnant Workers Fairness Act, Title VII of the Civil Rights Act, or state and local laws.
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The ADA covers a wide range of physical and mental health conditions. Under the Pregnant Workers Fairness Act, even employees with uncomplicated pregnancies are entitled to reasonable accommodations for limitations related to pregnancy, childbirth, or lactation or other pregnancy-related conditions.
Protected Leave
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The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for specific family or medical reasons, like a serious health condition or caring for a family member. The ADA, on the other hand, can require extended leave as a reasonable accommodation for a disability—even beyond FMLA’s 12 weeks.
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Yes. An employee may take unpaid, protected leave in connection with a disability under New York State and New York City laws. Additionally, New York State and New York City’s sick leave laws require employers to provide a certain amount of sick leave when the employee or the employee’s family members are sick, or to attend to their health needs. For many employees, sick leave under New York State and New York City’s sick leave laws is paid. New York State Paid Family Leave (PFL) also allows employees to take paid time off to care for family members or bond with a new child.
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Not if you meet the eligibility requirements (working for a covered employer for at least 12 months and logging 1,250 hours in the past year). If your employer denies valid FMLA leave or retaliates against you for taking it, you may have a claim.
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Under FMLA, you’re entitled to return to your same job or an equivalent one. If your employer refuses, they could be violating federal law.
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Yes. Both New York State and City Sick Leave Laws allow employees to use sick time for physical or mental health needs, including therapy appointments or managing chronic conditions.
Filing Discrimination & Harassment Complaints
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In New York, employees can file complaints with the following agencies:
Equal Employment Opportunity Commission (EEOC): A federal agency that enforces laws prohibiting workplace discrimination based on race, color, religion, sex, sexual orientation, national origin, age (40 or older), disability, and genetic information.
New York State Division of Human Rights (NYSDHR): Enforces the New York State Human Rights Law, which protects employees against discrimination and harassment based on a broader range of characteristics than federal law.
New York City Commission on Human Rights (NYCCHR): Enforces the New York City Human Rights Law, one of the strongest anti-discrimination laws in the country.
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It depends on where you work and the specifics of your case. Federal, state, and city laws often overlap, but some offer broader protections. For example, NYC law covers more protected classes and applies to smaller employers. J.B. Andrews Law can help determine the best agency for your situation and maximize your legal protections.
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Yes. Filing deadlines vary by agency:
EEOC: In New York, typically 300 days from the date of the discriminatory or harassing act if you’re covered under federal or state laws.
NYSDHR: Generally 3 years from the discriminatory act.
NYCCHR: Usually 1 year, or 3 years for gender-based harassment.
Missing a deadline can prevent you from pursuing your claim, so it’s important to act quickly.
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The agency will review your complaint and may conduct an investigation. They may offer mediation between you and your employer or proceed with a formal investigation, which could include interviews or document requests. If the agency finds that discrimination occurred, it can help you seek remedies like back pay, emotional distress damages, and policy changes within your workplace.
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While it’s possible to file on your own, J.B. Andrews Law can ensure that your complaint is thorough, strategic, and meets all legal requirements. J.B. Andrews Law can also help you weigh whether filing with an agency is your best option or if pursuing a lawsuit would offer stronger remedies.
Terminations Due to Reductions in Force (RIF)
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It depends. While employers can conduct layoffs for legitimate business reasons, they can’t use RIFs as a cover for discrimination or retaliation.
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Not always—but if they do, the terms can often be negotiated. Having a lawyer review your severance agreement ensures your rights are protected and can help improve your financial package.
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Yes. If a RIF disproportionately impacts employees based on age, race, gender, or another protected category, it could be discriminatory—even if the company claims the decision was based on neutral criteria.
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It is illegal to target employees for layoff due to their taking protected leave under FMLA, ADA, or New York’s leave laws.
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Absolutely. Employers often draft severance agreements to protect their interests. J.B. Andrews Law can help ensure you’re not giving up important rights, negotiate better terms, and explain the long-term impact of the agreement.
Employment-Related Agreements
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Employment agreements can include complex terms that impact your compensation, job duties, termination rights, and future employment opportunities. J.B. Andrews Law can help ensure the terms are fair, flag potential issues, and protect your interests.
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Restrictive covenants include confidentiality, noncompetition, and nonsolicitation agreements that limit what you can do during and after your employment. These clauses can impact your ability to work for competitors, start your own business, or contact former clients.
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Noncompetition agreements are enforceable in New York but must be reasonable in scope, geography, and duration. Courts also consider whether the restriction protects a legitimate business interest and isn’t overly burdensome on the employee.
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A noncompetition clause restricts you from working for a competitor, while a nonsolicitation clause prevents you from reaching out to former clients, employees, or vendors for a certain period after leaving the company.
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Yes. Many employers are open to revising overly broad or burdensome clauses, especially if you have leverage during the hiring process or in severance negotiations.
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No. Severance agreements often include waivers of legal claims, non-disparagement clauses, and other terms that could impact your future rights. J.B. Andrews Law can review and negotiate severance agreements to maximize your benefits and protect your interests.
“For Cause” Termination
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A "for cause" termination typically means the employer believes the employee engaged in serious misconduct—like violating company policies, committing fraud, or failing to meet essential job duties. This can affect severance pay, equity grants, and other contractual benefits.
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Contact J.B. Andrews Law immediately. Although your employment contract may state that you are not entitled to severance or equity if you are terminated “for cause”, employers attempting to avoid paying severance or granting equity as required under an employment agreement may unjustifiably claim that an employee’s termination is due to cause. J.B. Andrews Law can assess whether your employer’s actions violate your employment contract and explore legal options to recover the compensation to which you’re entitled under your employment-related agreements.
Attorney’s Fees & Costs
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Yes! J.B. Andrews Law offers free consultations to help you understand your legal options before making any commitments.
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J.B. Andrews Law offers flexible fee structures depending on the nature of your case. Most discrimination, harassment, and retaliation cases only require a small upfront retainer, with the remaining attorneys’ fees to be paid out on contingency (only if we recover a settlement, judgment, or award in your case). J.B. Andrews Law also offers hourly rates or flat fees for services such as reviewing employment-related offers and agreements and other employment-related advising. We’ll discuss all costs upfront.
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In many cases, yes. Certain employment laws allow you to seek reimbursement for legal fees if you prevail. Jalise will evaluate if this applies to your case.
Choosing the Right Lawyer
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Jalise combines compassion with strategic legal advocacy. With experience on both sides of employment law, Jalise understands how companies think and negotiate—allowing her to push for the outcomes her clients deserve. Jalise is not just your lawyer; she’s also your trustworthy guide and friend.
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That’s completely normal. Taking legal action can feel overwhelming, especially against a current or former employer. Jalise will guide you through the process, protect your rights, and ensure you feel supported every step of the way.
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Reach out to schedule a free consultation. Jalise will listen to your situation, assess your case, and outline your legal options—so you can make an informed decision moving forward.
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