Blog Posts in December, 2017

The Legal Aftermath of the Sexual Harassment Scandals

As the public continues to process the growing number of sexual harassment scandals involving public figures, lawmakers and businesses are moving to adopt new policies designed to remedy actual and perceived abuses of the legal process in this area. Whether or not these changes will help or hurt the actual victims of sex-based employment discrimination remains to be seen. But it is critical to be ...

What are My Rights as a Pregnant Employee in New York City?

Pregnancy is a joyous yet stressful time for many women in New York. Juggling a full-time job and an expected new baby is never easy. Unfortunately, too many New York employers make things more difficult by failing to make the necessary pregnancy accommodations required by federal, state, and city laws. Such failures are not simply an oversight, they are a form of illegal pregnancy discrimination ...

New York Federal Reserve Accused of Race Discrimination

Race discrimination in the workplace is not always overt. In many cases it comes down to an employer subtly but noticeably treating certain groups of employees differently. For instance, if an employer enforces certain workplace rules strictly against Hispanic employees but is more lenient with Caucasian workers, that may give rise to a race discrimination claim. African-American Man Alleges ...

Can an Email Exchange Create a Binding Employment Agreement in New York?

In New York employment is considered “at will” unless the parties have a written employment agreement . This means, for example, that an employer does not have to give you any severance pay upon termination unless you have a contract in place that provides otherwise. Ideally, a severance agreement is in writing and signed by both the employer and employee. But just because there is no formal ...

EEOC Settles Pregnancy Discrimination Claim With NYC Employer

New York employers cannot treat female employees unfavorably just because they become pregnant or require leave for childbirth or a medical condition related to their pregnancy. Federal, state, and local laws all prohibit such acts of pregnancy discrimination . Even if an employer thinks it has a good reason for permanently replacing a pregnant worker, the law is quite clear in this area. ...

Why You Should Always Read (and Understand) an Employment Agreement Before Signing

Most of us have, at one time or another, signed a legal agreement without reading the entire document or fully understanding its terms. Unfortunately, such ignorance is not a defense when the other party decides it wants to enforce the agreement. This is a common problem in employment law , where employers often demand employees sign arbitration agreements. Arbitration agreements waive an ...

Does Filing an Administrative Complaint Affect My Rights to Sue for Race Discrimination?

Employment discrimination differs from other types of New York law in that a victim may choose to pursue either an administrative remedy or direct litigation. This choice is important because the two remedies are considered mutually exclusive. That is to say, if you file an administrative complaint against your employer, you cannot then pursue a separate civil lawsuit unless the applicable agency ...

When is My Employer Liable for a Coworker Sexually Harassing Me?

Sexual harassment often reflects a larger problem within a company. But as a matter of federal employment law , the U.S. Supreme Court has said an employer is not automatically liable for illegal harassment committed by an employee. That said, if the harasser was the victim's supervisor, then the employer can be held strictly liable. Even if the harasser was simply a co-worker without managerial ...

New York Court of Appeals Broadens Scope of Punitive Damages Under NYC Anti-Discrimination Law

Sex discrimination and pregnancy discrimination do not just affect the victims. As the New York City Council has said in adopting some of the country's strictest anti-discrimination laws, this type of conduct poses a “danger to the health, morals, safety and welfare of the city.” For that reason, the New York City Human Rights Law (NYCHRL) allows discrimination victims to seek punitive damages in ...

Does Working on Salary Mean I am Not Entitled to Overtime?

Some New York employers think they can avoid paying overtime wages simply by classifying employees as salaried workers. That is not how the law works, however. New York courts have long held that any salary agreement must still ensure that an employee receives at least the applicable minimum wage per hour, including any necessary overtime premium. Absent an “express agreement” between the employer ...

Can I Sue for Retaliatory Acts Other Than Getting Fired?

Employment discrimination often involves retaliation. For example, if you suffer from racially discriminatory practices at work, and the company fires you after you complain about it, the latter act is one of retaliation. Federal, state, and local laws prohibit both discrimination and retaliation. As the U.S. Court of Appeals for the Second Circuit here in New York has explained, the ...