New York Non-Tenured Teachers Face Discrimination
New York teachers’ rights attorneys know that teaching is a highly demanding job. It is one that requires dedication and passion. Because of the special and important nature of the profession, teachers receive some unique legal protections. After a probationary period of work, teachers can achieve tenure. Once earned, tenure provides teachers with very specific rights to due process that a school district must strictly follow before it can terminate or discipline an educator.
But what about the many non-tenured teachers in New York? A non-tenured teacher is someone who has not been granted tenure or is not yet eligible to receive tenure. The rights of a non-tenured teacher are not the same as those of a tenured teacher.
Non-Tenured Teachers are At-Will Employees
A non-tenured teacher is essentially an at-will employee. He or she has rights that exist under whatever contract the individual has entered into with the school district. Other than limits imposed by the contractual obligations, a school district may usually fire a non-tenured employee for any reason or no reason at all.
However, regardless of contract terms or someone’s status as a non-tenured teacher, an employer may never fire an employee for an unlawful reason. One such unlawful reason would be discrimination. If you are a non-tenured teacher and think you have been fired because of your gender, religion, race or disability, you should contact New York teachers’ rights attorneys at Leeds Brown.
The attorneys at Leeds Brown have been protecting New York educators’ rights for decades and can help you prove your discrimination case. We have a proven track record of obtaining successful outcomes for New York teachers who have suffered discrimination and have a deep understanding of the federal and state laws that govern such cases. Whether your case falls under Title VII of the Civil Rights Act, the Family Medical Leave Act or one of the many New York State discrimination laws, Leeds Brown can help.
What Laws Protect Non-Tenured New York Teachers from Employment Discrimination?
Employment discrimination occurs when an employer makes an employment decision based on something that is in a protected category. Under federal law, Title VII of the Civil Rights Act prohibits an employer from making an employment decision based on sex, race, color, national origin, and religion. The Age Discrimination in Employment Act makes it unlawful to discriminate against someone based on age. The Americans with Disabilities Act makes it unlawful for employers to discriminate based on disability or perceived disability. A comprehensive list of the laws that prohibit employment discrimination would be quite long.
In addition to federal statutes, New York non-tenured teachers and other employees, are protected from employment discrimination under numerous state and local laws. Under recently passed state legislation and NYC regulations, for example, an employer may not make any employment decision based on pregnancy, caregiver status, gender identity or sexual orientation.
Essentially, an employment decision based upon any one of the categories above may be discriminatory.
What is an Employment Decision?
An employment decision is any decision related to your job. It may include a decision in one of the following areas:
- Scheduling work
- Assigning work
- Providing benefits such as health insurance
- Administering reviews
- Administering bonuses
NY Teachers’ Rights Attorneys Protect Non-Tenured Teachers from Discrimination
In the specific context of teaching, discrimination may include the decision to terminate a male teacher instead of a female teacher, or the decision to offer professional education training to only teachers under the age of 35. A school district may have refused to grant you tenure because of your race, religion or because they fear you may become pregnant.
If you are a non-tenured teacher who has been fired or discriminated against because of your gender, pregnancy, race or disability, you should consider contacting the teachers’ rights attorneys at Leeds Brown for a consultation.
Non-tenured teachers have rights that deserve protection. While you may not be entitled to the same due process as a tenured teacher, you still have the right to be free from discriminatory employment practices. You may be able to recover compensation from your employer or receive reinstatement to your position.
New York Non-Tenured Teachers Have Contractual Rights
Schools may not terminate New York non-tenured teachers in violation of their contracts. It is important to know what your employment contract says as each one likely has different terms. Even if you have not faced unlawful discrimination, it is possible that your employer has violated the terms of your employment contract.
Having New York teachers’ rights, lawyers at Leeds Brown examine your contract may help you recover monetary damages. Our experienced attorneys understand what to look for in employment contracts and understand how to hold employers accountable when they fail to follow through with their legal obligations.
Non-tenured teachers, tenured teachers, and other employees should not sit back and accept employment discrimination. Employment discrimination is unlawful. If you believe you have faced discrimination, it is essential that you contact experienced NY teacher rights attorneys for assistance.
Non-tenured teachers are often under the false assumption that their rights are limited. However, discriminatory termination is unlawful under almost all circumstances. Tenure is not required for an educator to have a claim for employment discrimination or unlawful termination.
New York teachers’ rights attorneys at Leeds Brown understand the specific federal, state and local New York City laws that govern employment discrimination cases and can use this knowledge to help navigate your claim. We know the correct procedures and administrative rules to follow and can quickly move your case forward.
Leeds Brown has been working with New York teachers – tenured and non-tenured – for decades to ensure that someone is held responsible for discriminatory employment practices. We have a passionate and devoted team of lawyers who work tirelessly to obtain successful outcomes for New York teachers. After proving a successful discrimination claim, you may be entitled to receive back pay, front pay, reinstatement, promotion, reasonable accommodation, and compensation for emotional distress.
Contact our office for a free case evaluation. We have someone to take your call twenty-four hours per day, seven days per week. Call New York teachers’ rights attorneys at Leeds Brown today at 1-800-585-4658.