Our US office is located in New York. Our lawyers are also licensed to practice in California, Connecticut, Idaho, Minnesota, New Hampshire, Texas, U.S. District Court for the Central District of Illinois, Virginia and Washington, D.C.
Our New York office and US employment lawyers have won groundbreaking awards against powerful institutions on behalf of clients from all backgrounds and walks of life. Whether you are a senior executive, partner or entry-level employee, our employment attorneys can help you solve the most challenging workplace disputes.
Our transatlantic experience
With offices in the US and UK, McAllister Olivarius covers a full range of employment-related disputes, from sexual harassment and unequal pay to discrimination and unfair dismissal. We regularly advise on complex cases across all sectors, with expertise in financial services, big tech, high-end retail, higher education, manufacturing, airlines, healthcare and law.
We are particularly experienced in working on matters that involve both US and UK legal questions. For example, we have represented people employed in one jurisdiction who were harassed while on assignment in the other. We have advised American companies expanding into the UK on employment rights which differ considerably between England and the US.
Contact us
For employers and employees looking for advice on employment law, please visit our Key Contacts page or get in touch via our contact form.
Employment Law in the US
Employment law covers a wide range of areas, from contracts and working hours to equal pay and grievance procedures. Our US employment attorneys can advise you on a full range of matters, including:
● Discrimination and Title VII
● Harassment
● Whistleblowing and Retaliation
● Equal Pay
Discrimination and Title VII
Our attorneys can help protect you from discrimination in the workplace. Employers are often hostile to people who report discrimination or other misconduct, so it is important to seek legal advice before taking action.
Discrimination is illegal. If you think you may be experiencing discrimination at work, contact us for advice.
Title VII of the Civil Rights Act of 1964 is a federal law prohibiting discrimination against employees and applicants based on:
- Race
- Color
- Religion
- Sex (including sexual orientation, gender identity and pregnancy)
- National origin
Title VII specifically prohibits discrimination in the terms and conditions of employment, including hiring, compensation, employment benefits, advancement, training, assignments, and termination of employment. Title VII is enforced by the Equal Employment Opportunity Commission (EEOC), and you can also sue your employer for violations.
Harassment
If you think you may be experiencing harassment at work, it’s important to get prompt legal advice. Please contact us if you want to understand your options.
Harassment and retaliation are prohibited under Title VII, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA).
US law recognizes sex, race, age, disability, color, creed, national origin, religion and genetic information as protected characteristics.
Harassment is illegal if it is so severe that the work environment could reasonably be considered intimidating, hostile or abusive.
Individuals who report harassment or participate in an investigation are protected by law from retaliation. You have to be a member of the group being harassed to bring a claim; for example, a White person cannot bring a claim because his colleagues regularly make offensive remarks against Black people.
Whistleblowing and Retaliation
Employers are often hostile to people who report discrimination or other misconduct (“whistleblowers”), so it important to seek legal help before taking action. Please contact us for advice.
Whistleblowing is the act of reporting, or supporting someone who reports, illegal conduct by your employer. This can include illegal discrimination or harassment, or other forms of illegal conduct like violating securities or environmental laws. Our firm supports employees making internal whistleblowing complaints. We also can help if a whistleblowing employee gets retaliated against.
Retaliation is where an employer subjects you to detrimental treatment because you have brought forward a complaint of harassment or discrimination or have supported a co-worker with their complaint. The complaint can be either formal (an HR investigation, ethics investigation, EEOC investigation, etc.) or informal (conversations with management, etc.)
Retaliation for reporting employment discrimination is prohibited under Title VII of the Civil Rights Act of 1964 and is enforced by the Equal Employment Opportunity Commission (EEOC).
Other federal and state laws prohibit retaliation against employees who make complaints about other kinds of employer misconduct, including securities fraud, cheating on government contracts, putting patients in danger, and environmental violations. If you are fired or otherwise punished in retaliation for bringing illegal conduct to light, you can get your job reinstated and/or win damages. The government itself will sometimes pay substantial awards to people who report violations of these laws.
Equal Pay
We have extensive experience handling discrimination and equal pay cases. We can provide advice on your options if you think you may have received different pay or conditions of employment based on your sex or other protected characteristics.
We can help you build the strongest case before you negotiate with your employer or take it to court. Many clients prefer private settlements, but we can also litigate publicly to secure justice and compensation. Please contact us for advice.
The Equal Pay Act of 1963 requires employers to give men and women equal pay for equal work. This law covers jobs which are substantially equal in content, even if they have different job titles, and covers benefits (for example, bonuses, life insurance, stock options) as well as salaries. Employers may not reduce the compensation of men or women to make them equal; they have to “level up.”
If your employer is not adhering to the Equal Pay Act, you can file a charge with the Equal Employment Opportunity Commission (EEOC) or go directly to court. You have a limited time from the date of the unequal compensation practice to file a charge or go to court: three years in the case of a wilful violation and two years otherwise.
Equal pay claims can also tie in with other US discrimination protections. It may be possible to bring a claim under Title VII, the Age Discrimination in Employment Act, or the Americans with Disabilities Act for discriminating in pay on the basis of race, color, religion, sex, national origin, age, or disability. You can bring a claim under these acts for discrimination and unfair compensation even if your job is not substantially equal to those of other employees. For a confidential discussion of your legal options, please contact us.