Employment Discrimination

New York City Employment Discrimination Lawyers

When you’ve suffered discrimination in the workplace, the legal landscape for getting justice can seem complex and intimidating. Our New York City employment discrimination lawyers have extensive experience dealing with the legal complexity, and we never back down from seemingly powerful employers. 

Civil rights laws protect people from discrimination based on a range of characteristics, from race to religion to disability to sexual orientation, and much more. These are referred to as “protected classes.” Our team understands the profound impact that discrimination can have on your professional and personal life, and we are committed to working hard for your rights. Since our founding in 2015, we’ve been able to help a lot of clients and get a lot of terrific reviews. We hope to help you too. 

Call (347) 394-0419 or contact us online today. We serve employees throughout the Big Apple, Westchester County, and the state of Connecticut.

Voices of Victory

At Berlingieri Law, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Excellent service"

    Chris was a great attorney. I got fired from my job for refusing a mandatory medical procedure [COVID-19 Vaccine]. He was on my side the whole time. He fought hard for me and gave me updates along the way to keep me informed. I was more than happy with his service and the outcome. I strongly recommend him.

    - Shaun
    "Felt Safe & Protected"
    Chris is a wonderful listener who took a personal interest in the legal challenges I faced. He fearlessly fought against the overwhelming overreach in demands by a former employer.
    - Christine R.
    "Bilingual Lawyer"
    I have nothing but good words to say about Mr. Berlingieri. He was more helpful, knowledgeable and attentive to all of my concerns and needs with all aspects of the law that I needed an attorney for.
    - Nicole
    "Lawyer Warrior, Warrior Lawyer"
    I hired the legal services of Christopher after consulting with other lawyers and after having paid another lawyer. Minutes into a conversation with Christopher, I knew he was the lawyer that I needed, wanted and must have for my case.
    - Kristopher
    "Great, Professional & Friendly"
    I was assured by a different attorney that I would likely never find someone so specialized to handle my situation. Chris dealt with my specialized issue in a prompt, professional way.
    - Aja
    "Couldn't Be Better"
    Personable, professional and engaged in our discussion, I sensed a good vibe about him and gave him my full trust and leeway to handle this issue, and he didn't let me down.
    - William
    "Very Satisfied"
    Mr Berlingieri was very patient, diligent, and flexible when working with me. He explained every part of the process of my legal action thoroughly without being condescending.
    - Adrienne
    "Amazing Lawyer"
    Attorney Berlingieri answered my inquiry from a legal website. I knew from the first correspondence with him I had found the PERFECT lawyer to represent me in my unemployment case.
    - Laurie

Disparate Treatment in Employment Discrimination

Disparate treatment occurs when an employee is treated differently and less favorably than others based on their membership in a protected class. This type of discrimination is intentional and can manifest in various aspects of employment, including hiring, promotions, job assignments, termination, and compensation. 

Proving disparate treatment requires demonstrating that the unfavorable treatment was directly related to the employee's protected characteristic. This typically involves comparing how the employer treated other employees who are not members of the protected class under similar circumstances. 

Disparate Impact in Employment Discrimination

Disparate impact refers to policies or practices that, while seemingly neutral and non-discriminatory on the surface, disproportionately affect members of a protected class in a negative way. Unlike disparate treatment, which is intentional, disparate impact focuses on the consequences of employment policies that may unintentionally disadvantage certain groups. 

Identifying disparate impact involves analyzing statistical data to show that a particular policy has a significant adverse effect on a protected group compared to others. At Berlingieri Law, PLLC, our attorneys are adept at conducting thorough investigations and collaborating with experts to interpret complex data and uncover discriminatory patterns. 

Why Choose Berlingieri Law, PLLC Small Firm Attention – Big Firm Capabilities

  • Expertise and Growth
    We leverage our deep expertise in employment law and remain committed to continuous learning and professional development.
  • Integrity and Transparency
    We conduct our practice with the highest level of integrity and transparency, offering honest, clear, and comprehensive legal advice.
  • Dedicated Employee Advocacy
    We are unwavering in our commitment to representing employees exclusively, championing their rights and interests with passion and precision.
  • Commitment to Fairness and Justice
    We are dedicated to ensuring that every worker's rights are protected and upheld, advocating for fair treatment and justice in the workplace.

The McDonnell Douglas Burden

The McDonnell Douglas burden-shifting framework is a legal standard used in employment discrimination cases to determine whether an employer's actions were discriminatory. Established by the Supreme Court in the 1973 case of McDonnell Douglas Corp. v. Green, this framework provides a structured method for courts to evaluate discrimination claims. 

Under this framework, the burden of proof initially lies with the plaintiff (the employee and their legal team) to establish a prima facie case of discrimination. This involves demonstrating that they belong to a protected class, were qualified for the job in question, suffered an adverse employment action, and that the circumstances suggest discrimination.

Once the employee has established a prima facie case, the burden then shifts to the defendant (the employer)to articulate a legitimate, non-discriminatory reason for the adverse employment action. If the employer successfully provides such a reason, the burden shifts back to the employee to prove that the employer's reason is merely a pretext for discrimination. 

At Berlingieri Law, PLLC, our lawyers are skilled in navigating the complexities of the McDonnell Douglas framework. We meticulously gather evidence and build compelling arguments that are aimed at exposing the motives behind an employer's actions. Our goal is to get justice for employees who have been wrongfully treated based on their protected characteristics.

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