In this interview on Scripps News, Discrimination Attorney Andrew Lieb discusses a new report from the UN Human Rights Committee that spotlights ongoing discrimination faced by the LGBTQ community in the United States. Lieb analyzes the committee's concerns about discriminatory laws targeting transgender people at the state level. He also addresses issues around employment discrimination, suicide rates in the LGBTQ community, and whether legal protections for LGBTQ individuals have expanded in recent years. This important conversation provides insight into the challenges that still exist and the ongoing fight for equality.

Recent trends have seen the Equal Employment Opportunity Commission (EEOC) significantly bolster its scrutiny on workplace discrimination, particularly on the front of disability discrimination. As advocates for those who face injustice, Lieb at Law, P.C. delves into these trends and urges those affected to seek their rightful legal recourse.

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📣 Important Update from Lieb at Law!

🔹 Case Feature: As seen on law.com and the front page of the Connecticut Law Tribune, Lieb at Law, P.C. proudly represents Nancy Camp in her case against Adelbrook Behavioral Services Inc.

🔸 Case Summary: The heart-wrenching incident details how a young, vulnerable girl with severe cognitive disabilities was allegedly discriminated against, and “tortured” at Adelbrook. As a form of punishment, she was reportedly pinned down, and a lock of her hair was maliciously cut off.

🔹 Our Stand: At Lieb at Law, we are setting out to achieve a rare goal in the legal arena – proving egregious emotional distress. Our very own Andrew Lieb stated, “We pride ourselves on articulating emotional distress. The facts in this case unequivocally fit the standard. It's paramount for us to communicate the profound impact this has had on the young victim and her mother.”

🔸 Our Mission: We are determined to fight for justice for this Connecticut mother and her daughter. Every child deserves care, respect, and protection. Facilities designed to cater to children with special needs should be held to the highest standard of care.

🔹 Looking Ahead: The police report associated with this case is deeply concerning. Our focus now is on working towards mitigating the damage caused and ensuring such incidents are prevented in the future. 

📞 For legal advice or representation, contact us today. 646.216.8009

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News 12 interviews Attorney Andrew Lieb on case where teacher made discriminatory comments to student. 

Is discrimination in school illegal?

Yes, discrimination in education is illegal in the United States. Depending on the state you live in, there may be even greater protections, rights, and damages available to victims and their parents. A student cannot be denied a right to learn.

Who can be a perpetrator of discrimination in education?

When it comes to education, you and your child have a right to be free from harassment, bullying and other forms of wrongful discrimination that is perpetrated by teachers, the administration, or even other students. This applies to public schools, non-religious private schools, career schools, colleges, and universities.

Does discrimination have to be intentional to warrant compensation?

Anti-discrimination laws in education apply regardless of whether the discrimination is explicit or implicit. It is the administration's duty to make education equally accessible to all and this failure can result in a lawsuit.  

What are the most common types of discrimination at school?

Types of discrimination at school include bullying of minorities, the failure to give testing accommodations to disabled students, and the failure to extend days off to religious observers. Additional types of discrimination include equal access to sports between the sexes / genders, and teachers having sex with their students.

What are the federal protections available for discrimination at school?

Title IX of the Educational Amendments protects against sex discrimination while Title VI of the Civil Rights Act addresses race, color, and national origin discrimination, and finally Title II of the Americans with Disabilities Act (ADA) protects against disability discrimination. However, these federal laws on education discrimination were limited by the Supreme Court in 2022 and can, mostly, no longer result in victims receiving emotional distress or punitive damages.

What are New York State protections available for discrimination at school?

New York provides victims with the right to recover for their emotional distress and punitive damages. Additionally, New York adds protections by covering victims of discrimination with respect to more categories, such as race, color, religion, disability, national origin, sexual orientation, military status, sex, age, and marital status. New York even makes clear that its own public school districts can be held accountable for discrimination based on an amendment to its laws from July 25, 2019, A3425.

How long do I have to sue for education discrimination in New York?

If you or your child were a victim of education discrimination, it is important to act quickly and file your claim after hiring a lawyer. In New York State, claims against public school districts must be filed within 3 months after the discriminatory event. While the State's anti-discrimination laws otherwise provide up to 3 years for lawsuits against non-public schools (i.e., private schools / colleges / universities), it's important to act quickly to preserve all the discriminatory evidence (i.e., audio / video), which is done by immediately sending what is known as a spoliation notice.

What can victims of education discrimination in New York recover in compensation?

Discrimination victims, in New York, can recover compensatory damages (being made whole with emotional distress damages), punitive damages (punishment damages), and your attorneys' fees. The perpetrator can lose their license (if licensed as educators or otherwise), be required to take trainings, and be ordered to stop their offensive behavior. There are fines and more.

Can I be retaliated against for speaking out against discrimination at school?

Don't be afraid to speak-up. If you are advancing an anti-discrimination right for yourself or your child, you are protected from retaliation. Even if it is ultimately found that you or your child was not discriminated against, you both can nonetheless be compensated for facing unlawful coercion, intimidation, threats, or other types of interference with your anti-discrimination rights. Again, this is not just true if you are advancing your own rights, it also applies if you are raising your child's rights, or another student's rights, because anti-retaliation laws protect anyone who aids and/or encourages someone else in exercising their rights to be free from discrimination. Give us a call.

Is employment discrimination illegal?

Yes, discrimination in employment is illegal in the United States. Depending on the state you live in, there may be even greater protections, rights, and damages available to victims of workplace discrimination.

What qualifies as employment discrimination?

The laws enforced by the US Equal Employment Opportunity Commission (EEOC), and your individual state, entitle victims to sue for compensation in the event of unfair treatment based on their protected status or protected class.

While these vary from state-to-state, they may include the following: race, ethnic background, visible traits (hair texture, hairstyle, donning of religious garments or items), color, national origin, citizenship status, alienage status, immigration status, lawful source of income (subsidy recipient status), occupation, religion, creed, marital status, partnership status, sex, gender, sexual orientation, gender identity or expression (transgender status), domestic violence victim status, stalking victim status, sex offense victim status, familial status, pregnancy, presence of children, handicap (disability), age, military status, uniformed service, veteran status, first responder status, arrest record, and sealed conviction record.

Does discrimination have to be intentional to warrant compensation?

No. Regardless of whether the discrimination was unintentional or caused by implicit biases, you are entitled to fair compensation.

What is the most common workplace discrimination?

The most common types of discrimination in the workplace include racial discrimination, age discrimination, sex or gender discrimination, and disability discrimination.

Can an independent contractor sue for discrimination?

In many places, you can sue for workplace discrimination whether you are an employee, a domestic worker, or an independent contractor. If you are unsure of whether or not this applies in your state or locale, it’s best to consult with a skilled employment discrimination lawyer.

Who do workplace discrimination laws apply to? 

You have a right to compensation if you are discriminated against by anyone in the workplace. This could include a boss, coworker, vendor, client, patron, temp agency, or franchisor. 

Where can discrimination occur?

While workplace discrimination often occurs in the office, it can happen anywhere—over a conference call, in a meeting, at a holiday party, or at a work lunch—so long as you were fulfilling your work responsibilities at the time of the discriminatory incident. 

How do I know if I have been discriminated against at work?

Federal and state laws prevent hiring managers from changing available compensation, rates of pay, hours, or availability of employment based on your protected class status. Wages must be substantially equal between genders and, in cities like New York City, wage transparency will be required when jobs are advertised.

If you have been treated unfairly in any of these ways, have been spoken to in a demeaning way, or have been subjected to offensive jokes or comments based on your protected class status, then you may have a case for workplace discrimination and should consider reaching out to an experienced New York discrimination lawyer.

Can I be fired for speaking out against discrimination?

Not legally, no. If you are speaking out against discrimination in the workplace, you are protected from retaliation. This is true regardless of whether you are speaking out for yourself or on behalf of someone else. If you or a loved one have been fired or treated unfairly for speaking out against discrimination at work, we would love to take on your case and ensure that you receive the compensation that you deserve. Give us a call.

Can you sue for workplace discrimination?

Yes. Not only is it possible to sue for workplace discrimination, but Lieb at Law, P.C. has helped countless individuals recover compensatory damages and punitive damages for the pain inflicted by this unlawful act. Workplace discrimination is a violation of your rights and should never be tolerated.

How long do I have to sue for workplace discrimination?

Typically, federal law requires that you make a filing within 300 days of the discrimination (this may be cut down to 180 days based on your state’s laws, or even to 3 months if you work in education in places like New York).  However, certain state law claims can be brought up to 3 years after the incident. So, you should call right away and let us determine if you still have time to bring your case. 

What can I recover if I sue for workplace discrimination?

Employment discrimination claims can result in very high awards because they are designed to compensate victims for lost back-pay, lost front-pay, and experiencing emotional distress / loss of dignity. Additionally, the law provides that victims can recover other forms of compensatory damages, punitive damages, and their attorneys’ fees. In fact, the perpetrator can lose their license (if licensed), be required to take trainings, and be ordered to stop their offensive behavior. There are fines and more. However, we are ethically required to advise you that our prior results do not guarantee a similar outcome. So, you should contact us today and get a tailored evaluation of your specific situation.