Blog Posts in November, 2017

When Sex Toys are Tools of Sexual Harassment

Sexual harassment in the workplace has come under renewed scrutiny due to a growing number of scandals involving high-profile business, entertainment, and political leaders. As we have learned from the seemingly daily news reports, sexual harassment covers a wide variety of conduct. Indeed, behavior that you might dismiss as harmless fun may in fact be illegal. That is why all New York employers, ...

New York State Issues New Regulations for "On-Call" Employee Scheduling

Many hourly workers in New York are forced to remain “on call” and available at the sole discretion of the employer. Such scheduling practices wreak havoc with an employee's daily life and income, as they are often unable to work a second job or meet regular family obligations. In many cases, on-call employees are ordered to report into work only to be told they are not needed, thus depriving them ...

Separating Interns From Employees Under New York Labor Law

Federal and New York State employment laws requires employers to pay their employees a certain minimum wage and overtime pay. The critical thing, however, is that such laws only apply to individuals legally classified as “employees.” There are other people who may perform beneficial work for an employer yet not be considered employees for purposes of the labor laws. Court Rebuffs College Student's ...

New York Law Permits "Sealing" of Criminal Records From Potential Employers

Having a criminal record can adversely affect your ability to find a job. Here in New York, state law has tried to make it easier for individuals who have paid their debt to society seek gainful employment by prohibiting employment discrimination based solely on a criminal record. As we discussed in a previous post , New York City has gone a step further and restricted employers from inquiring ...

Bronx Court Upholds Multi-Million Dollar Pregnancy Discrimination Verdict

Even in 2017, far too many New York employers think it is okay to fire a female employee because she is pregnant. Such employment discrimination is patently illegal. Not only do such actions harm employees financially, it also takes a psychological toll on their well-being, for which discriminatory employers can be held financially liable. Judge Reduces Compensatory Damages but Affirms Punitive ...

Judge Rules Port Authority Cannot Force Police Officers to Take Annual Medical Exams

The Americans With Disabilities Act (ADA) does not just protect you against job discrimination based on any medical condition that you may have. It also forbids employers from making inquiries into your medical history during the hiring process or while you are actively employed. Among other things, the ADA prevents an employer from demanding you take a medical examination unless it is ...

Can I Reject a Job Transfer as an Unreasonable Accommodation Under Disability Law?

Disability discrimination occurs under New York State law whenever an employer fails to provide a “reasonable accommodation” to an employee with a qualifying physical or mental impairment. If there is a disagreement between the employer and the employee over the reasonableness of a specific requested accommodation, the parties are expected to engage in a “good faith interactive process” to resolve ...

Long Island Bar Accused of LGBTQ-based Harassment

Sexual harassment and related acts of employment discrimination do not just affect heterosexual women. Too many members of New York's LGBTQ community face a hostile work environment. In some cases, employers may illegally conflate an employee's sexual preference with willingness to engage in illegal behavior. Bar Manager Allegedly Ordered Employees to Promote “Illegal Live Sex Shows” Recently two ...

NY Court of Appeals Holds "Perceived" Alcoholism is Not a Disability Under NYC Law

A few months ago we discussed a pending disability discrimination lawsuit involving two former NYPD police officers who were falsely accused of suffering from alcoholism. The officers sued under New York City Human Rights Law (NYCHRL), which prohibits any form of employment discrimination based on an “actual or perceived” disability. Yet this same law also defines alcoholism as a disability only ...

Weinstein Scandal Brings Renewed Attention to Sexual Harassment in New York

On October 5, the New York Times published a bombshell article detailing three decades of sexual harassment by acclaimed Hollywood producer Harvey Weinstein. The Times reported that Weinstein's employers–the Weinstein Company and formerly Miramax–paid out “at least eight settlements with women” who accused Weinstein of illegal activity. A report published three days later by the New Yorker ...