Wrongful Termination · California & New York
Discriminatory Firing Attorney
Dealing with a discriminatory firing issue? Our California & New York employment attorneys can help you get the compensation you deserve.
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Your Employment Rights in California & New York
If you have experienced discriminatory firing, both California and New York law provide strong protections. You may be entitled to:
- Back pay and lost wages recovery
- Compensatory damages for emotional distress
- Punitive damages in cases of egregious conduct
- Attorney's fees and litigation costs paid by the employer
Discriminatory Firing FAQ
What laws protect me from discriminatory firing in California?
California's Fair Employment and Housing Act (FEHA, Gov. Code § 12940) prohibits firing based on race, religion, color, national origin, ancestry, disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40+), sexual orientation, or military/veteran status. FEHA applies to employers with 5 or more employees.
What laws protect me from discriminatory firing in New York?
The New York State Human Rights Law (Exec. Law § 296) and the New York City Human Rights Law (Admin. Code § 8-107) provide broad protections. The NYC law is one of the most protective in the nation, covering all employers regardless of size and using a lower standard of proof than federal law.
How do I prove my firing was discriminatory?
You can use direct evidence (discriminatory statements) or circumstantial evidence showing: (1) you belong to a protected class, (2) you were qualified for your position, (3) you were fired, and (4) similarly situated employees outside your protected class were treated more favorably. Suspicious timing, inconsistent employer explanations, and statistical patterns also support claims.
What compensation is available for discriminatory firing?
Under both CA and NY law, you may recover back pay, front pay, emotional distress damages, punitive damages, and attorneys' fees. California has no cap on damages under FEHA. Under federal Title VII, compensatory and punitive damages are capped based on employer size, but state law claims have no such caps in either CA or NY.
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