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You may have a claim for an Employment Discrimination Lawsuit if you have been harassed or denied a promotion because of your race, ethnic background, religion, age, disability or other factor. We represent those discriminated against at their workplace. When a question arises regarding discrimination it is important to know what laws apply. You can turn to qualified Employment Discrimination Lawsuit attorneys at Asta & Bickoff, Personal Injury Lawyers for guidance and representation.

Federal laws and State Laws in New York and New Jersey provide protection to those discriminated against in the workplace because of pregnancy, race, political views, ethnic background, color, religion, age, and physical handicap.

The Law Against Discrimination (LAD) in New Jersey prohibits discrimination based on race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, sex or atypical hereditary cellular or blood trait of any individual, or because of the liability for service in the Armed Forces of the United States or the nationality of any individual.

In addition, the Civil Rights Law of the City of New York prohibits discrimination based on race, color, creed, age, national origin, alienage or citizenship status, gender, sexual orientation, disability or marital status.


It is illegal for an employer or a fellow employee to sexually harass you and create a hostile work environment.

Sexual harassment can also involve any unwanted:

  • Sexually explicit visual
  • Verbal
  • Or physical advances

It can also include a desire for sex or requests for sex because of a person’s gender.

Specific examples of behaviors that could indicate sexual harassment include:

  • Making or threatening reprisals after a negative response to sexual advances
  • Offering employment benefits for sexual acts
  • Physical conduct (including touching, assault, or blocking movements)
  • Making derogatory jokes
  • Sexual commentaries about an individual’s body
  • Propositioning sex


If you are the victim of sexual harassment, you should report it to your supervisor or Human Resources Department. Many companies issue an employee handbook that includes a section on how an employee can report workplace harassment and discrimination. The employee should avail themselves of this process when the employee believes he or she has been discriminated against or harassed. Once the report is made the employer must take action by investigating the claim and taking steps to stop the conduct. If the discrimination or harassment continues despite your complaints, you can take legal action and seek damages for your mistreatment.

Victims of sexual harassment may be eligible to receive compensation for:

  • Past and Future lost wages
  • And emotional suffering


According to the U.S. Equal Employment Opportunity Commission, there are various types of discrimination that are prohibited by the law:

  • Age– According to the Age Discrimination in Employment Act (ADEA), discrimination is illegal for anyone over the age of 40. Although some states do have their own set of laws against discrimination of younger workers, it is not illegal for an employer to favor an older worker over a younger one.
  • Disability– This type of discrimination occurs after an employer treats a qualified employee with a disability unfairly because of that disability.
  • Equal Pay– The Equal Pay Act requires men and women to be given the same pay for equal work.
  • Genetics– According to Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), no employee or applicant can be discriminated against because of genetic information, which means any disorder or disease found in your genes.
  • Harassment – According to Title VII of the Civil Rights Act, harassment is defined as unwelcome conduct based on an employee’s race, color, religion, sex (including pregnancy), age (40 or older), national origin, disability or genetic information.
  • National Origin– This type of discrimination involves employees who are treated unfairly because they are from a different country or because of their ethnicity.
  • Pregnancy – The Pregnancy Discrimination Act forbids any type of discrimination against a pregnant employee. This includes hiring, firing, promotions, and job assignments.
  • Race – If you are treated unfairly because of your skin color or race, this is a form of race discrimination. In addition, you can claim race discrimination if you are treated unfairly because you are married to or associated with someone of a certain race or color.
  • Religion – This type of discrimination means you are treated unfairly because of your religious, ethical, or moral beliefs.
  • Sex – If you are treated unfavorably because of your sex or gender identity, this is in violation of Title VII.
  • Sexual Harassment– Sexual harassment can include unwelcome sexual advances, requests of sexual favors, or other types of verbal or physical harassment.


When a supervisor, manager, or company retaliated against an employee for reporting discrimination or harassment a separate cause of action can be made for retaliation. The law prohibits a company from taking adverse job action against an employee for reporting harassment. An adverse job action can take the form of a demotion, transfer to a less favorable department, pay cut, or firing. At Asta & Bickoff, Personal Injury Lawyers, we also represent employees who face retaliation by their employers after complaining about discrimination and harassment at work.


Workplace harassment charges fall under the jurisdiction of the Equal Employment Opportunity Commission (EEOC). This federal governing body investigates all complaints of harassment or discrimination in the workplace and makes recommendations to employers who they determine are in violation of state and federal employment law. In many cases, you must file a complaint with the EEOC and receive a “go ahead” to file a claim against an employer for workplace harassment.

How Do You File a Workplace Discrimination Complaint?

In New York or New Jersey, you may file a workplace discrimination claim with either the State or the EEOC. Once you file a report with the EEOC, they will conduct an investigation into your claims and determine if your workplace was in violation of federal or state civil law. If they find evidence of harassment or discrimination, they will inform you and your workplace of any violation, as well as recommended actions. At this point, you will be able to file a private claim with the help of an employment discrimination attorney. These claims seek to compensate for any economic and general damages you suffered resulting from workplace harassment. Contact Asta & Bickoff, Personal Injury Lawyers if you have further questions regarding your claim.

What do we charge for an Employment Law Case?

At Asta & Bickoff, Personal Injury Lawyers, our attorneys have compassion for employees dealing with serious workplace discrimination. We understand how detrimental discrimination can be to a worker’s financial, emotional, mental, and physical well-being. We do not wish to add stress with expensive legal fees. Instead, our mission is to help wronged workers by offering worry-free legal representation. We offer our discrimination law services on a contingency fee basis.

In our contingency fee arrangement, you will only pay attorney’s fees if we succeed in achieving favorable results for your claim. If we do not obtain a financial award on your behalf, you will not pay for our legal representation during your case. It will not matter how much time or work we put into your case; if we do not win, you will pay $0 for our services. Our law firm takes on the full risk of your discrimination case so you can take a negligent, dishonest, or criminal employer to court.

Do I Need a Discrimination Lawyer?

The short answer is YES. Employment laws are complicated. There are filing deadlines and overlapping laws between the Federal, State, and Local jurisdictions.  If you hire a discrimination law firm, you will protect your rights. At Asta & Bickoff, Personal Injury Lawyers, we will help you with each step of your claim and support you during a difficult time. Call us if you need a discrimination lawyer if you suffered serious harm because of an employer’s actions. If your employer’s unlawful conduct led to job termination, demotion, damage to your reputation, or another adverse outcome that impacted your life, a lawyer could help you get back on your feet. You may need an attorney’s assistance in holding your employer accountable for discrimination.

Being discriminated against can be emotionally and physically devastating. Michael J. Asta, Esq. is one of New York’s leading attorneys with over 500 Million Dollars recovered for clients and over 30 years fighting for New Yorkers like you. You can be confident that the legal team at Asta & Bickoff, Personal Injury Lawyers is fully committed to winning the best possible results for our clients and their families. If you’ve been discriminated against, call Asta & Bickoff, Personal Injury Lawyers at (212) 244-6555 or complete the contact form here on our website so we can help you. The consultation is free, and we work on a contingency basis meaning there is no fee until we obtain compensation on your behalf, guaranteeing you’ll never come out of pocket.

Asta & Bickoff, Personal Injury Lawyers, Where Quality Representation Doesn’t Cost, It Pays.

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