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Southern District of New York Employment Claims

Office WorkerState and federal laws ban discrimination and other abusive practices in the workplace, an employee’s primary recourse is the aid of an employment discrimination lawyer. Some districts produce more employment discrimination claims than others, however. For instance, a recent study by Lex Machina found that nearly six percent of all claims were filed in the Southern District of New York (SDNY).

If you’re a victim of employment discrimination, a successful lawsuit can bring a wide range of benefits such as coverage for back pay, front pay, and out-of-pocket expenses. It’s even possible to receive punitive damages or compensation for emotional distress, as well as the option of getting your job back. Call the law firm of Console & Associates, P.C. at 866-778-5500 or fill out our online form for a free consultation if you’d like to find out more.

Common Types of SDNY Employment Law Claims

SDNY includes eight counties with a collective population of more than 3 million residents. These counties are Bronx County, Dutchess County, New York County (Manhattan), Westchester County, Putnam County, Rockland County, Orange County, and Sullivan County. While that amounts to just under 1% of the US population, New York’s Southern District nonetheless accounts for 6% of all employment cases. The 2023 Employment Litigation Report by Lex Machina indicates that from 2020 to 2022, the district saw 3,745 cases out of 20,994 nationwide. The most common employment law claims between 2022 and 2022 include:

  • Title VII discrimination
  • Hostile work environment (HWE)
  • Retaliation

Title VII cases allude to the Civil Rights Act of 1964. Within this Act, Title VII prohibits employment against the protected classes of race, color, religion, sex, and national origin. Likewise, other federal and state laws prohibit discrimination on the basis of other protected classes, such as age. These violations are among the most common, as the timeframe from 2022 to 2023 showed 2,022 legal cases on race discrimination as well as 2,005 sex/gender discrimination claims.

While hostile work environment claims also fall under Title VII, it is quite different from conventional hiring discrimination. While a person was able to successfully obtain the job, the employer either permitted or caused the work environment to become hostile to the point of being discriminatory. In these cases, the plaintiff and their lawyer must show that a “reasonable person” would consider the workplace hostile to prove the employer’s guilt. From 2020 to 2022, the Lex Machina study found 1,931 HWE claims.

Finally, the single most common cause for an employment lawsuit is retaliation. This occurs when an employer punishes an employee for protected activity, such as calling attention to or protecting themselves from harassment. Employers have many ways of leveraging their power to punish employees, from denying promotions to fomenting a hostile workplace. From 2020 to 2022, America saw 4,170 cases raising a retaliation claim. Employers cannot initiate any adverse employment actions based on a worker engaging in any of the following protected activities:

  • Filing or participating as a witness in an employment case, investigation, or lawsuit;
  • Discussing any concerns of discrimination with a supervisor or manager;
  • Answering questions during an investigation into an employer’s alleged harassment;
  • Refusing to follow orders that would result in discrimination against another employee;
  • Resisting sexual advances;
  • Intervening to protect others from unlawful employment practices;
  • Requesting a disability or religious accommodation;
  • Discussing salaries with co-workers or asking management about other workers’ salaries to uncover potentially discriminatory wages.

What Companies Are Sued the Most for Employment Violations?

No Fee PromiseAll employers must follow employment laws, but some attempt to skirt the law for their own benefit. This is particularly true of the following four companies, which faced the largest number of employment lawsuits in recent years:

  • Walmart Inc.
  • United Parcel Service (UPS)
  • Amazon Services LLC
  • Lowe’s Home Centers

Certainly, larger corporations typically boast a higher headcount, making them more likely to find themselves on the roster of the most frequently sued employers. However, these larger entities also tend to have a heightened motivation to push the boundaries of employment practices that teeter on the edge, given the substantial stakes involved. It’s worth noting, though, that this shouldn’t be misconstrued as an indicator of these companies engaging in the most employment violations. Rather, it signifies that they faced the most legal actions initiated by their employees.

If you suffered workplace discrimination, sexual harassment, or retaliation for reporting such issues, you deserve to know your legal options. It’s crucial to acknowledge that employers seldom acknowledge responsibility and often employ extensive measures to evade liability. It can be hard for one person to take on such powerful corporations on their own. However, the law firm of Console & Associates, P.C. is here to help. Contact us today at 866-778-5500 or fill out our online form to learn how we can help.

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