Blog Posts in September, 2017

New York Employers Prefer Arbitration Until it Goes Against Them

Many employers demand their employees sign arbitration agreements. Among other things, this means that if the employee is unlawfully terminated and then seeks to bring a claim for employment discrimination , the case must be heard by a private arbitrator rather than a judge. Employers favor arbitration because it is usually quicker than traditional litigation, and more importantly, because federal ...

NYC Clinic Faces Trial Over Failure to Provide Software, Training to Legally Blind Employee

Disability discrimination is not limited to situations in which an employer fires, or refuses to hire, a person who has a disability. The Americans With Disabilities (ACT) also requires employers to make “reasonable accommodations” for a disabled employee. The failure to make such an accommodation is itself a form of illegal discrimination. In addition, state and city laws often provide greater ...

University of Rochester Accused of Failing to Stop Professor's Sexual Harassment

Sexual harassment is a form of sex discrimination according to federal and New York State laws. While not every sexist remark made in the workplace rises to the level of harassment, when there is a pattern of misconduct that is allowed to go unchecked by management, an employee (or former employee) has the right to file a sex discrimination complaint with the U.S. Equal Employment Opportunity ...

How Will New York's New Paid Family Leave Law Affect Me?

Many New York workers need time off from their jobs to care for a seriously ill family member or a new child. In recognition of this, New York State will start requiring employers to provide paid family leave as of January 1, 2018. Leave benefits will be phased in over a four-year period, and any employer who fails to follow the new rules--or retaliates against an employee exercising his or her ...

Can My Employer Force Me to Choose Between My Spouse and My Job?

New York State law prohibits employment discrimination based on “marital status.” Among other things, this means an employer cannot refuse to hire you because you are single, married, divorced, or in a non-traditional relationship. Nor can an employer condition promotions or employment opportunities on marital status–e.g., your boss cannot say, “We prefer to have a married man in this position.” ...

Can My Employer Favor a Less-Qualified Candidate Over Me for a Work Assignment?

Employment discrimination laws prohibit a wide range of “adverse” actions that target an employee based on their race, gender, national origin, or other protected classification. For example, if an employer gives preferential treatment to male employees when it comes to deciding promotions or does not afford Hispanic workers an equal chance to earn a particular bonus, that would constitute illegal ...

Trump Administration Suspends EEOC Collection of Pay Discrimination Data

Employment discrimination laws are designed to ensure that nobody is paid less for their work on account of race, gender, or national origin. The problem is that pay discrimination is often difficult to prove. Many employees have have no idea what their co-workers earn, which means they are not in a position to even know if they are victims of discrimination. To address problem, in 2014 ...

Can My Employer Prevent Me From Discussing My Salary With Coworkers?

Many New York workers struggle to make ends meet working jobs with limited opportunities for raises or advancement. In many cases employees may be the victims of overtime and wage hour violations . To help combat such employer abuses, federal and state laws protect the ability of workers to seek better pay and working conditions through collective action. Court, NLRB Rules Forced Confidentiality ...

NY Court Dismisses Sex Discrimination Case Against Ex-West Point Commanders

Sexual assault has no place in New York workplaces. All employers have a legal and moral duty to maintain environments that are free of both sexual violence and harassment. If a private employer fails to take appropriate action to remedy known acts of employee-on-employee sexual violence, the victims may have grounds to file an employment discrimination claim. Military Exempt From Normal Laws ...

Tennis Regulator Faces New Charges of Racial Discrimination

All New York employers have a legal responsibility to identify and address any racial discrimination within their organization. It is not enough for a company to say it does not discriminate, or to adopt policies that purport to prohibit illegal acts. The employer must have a process in place for receiving complaints, investigating allegations of discrimination, including race-based harassment, ...

Do I Have to Tell My Employer I Have a Disability?

Disability discrimination is often trickier to prove than discrimination based on race, gender, or national origin. For one thing, the employee must be proactive in notifying the employer of a disability and requesting a “reasonable accommodation.” The employer is not in a position to guess whether an employee has a disability. Indeed, the Americans With Disabilities Act (ADA) forbids an employer ...

Can My Boss Fire Me Because the Company Wants to "Get Younger"?

There is a common misconception among many New York employers that the best way to stay competitive in the market is to “get younger.” Perhaps this is an unfortunate side effect of a media culture that exalts tech-based companies where employees and even senior managers tend to be under the age of 40, but whatever the reason, age discrimination is not simply a poor business practice. It is also ...

Can I Lose My Job for Attending a Political Rally?

In the age of social media, all New York employees need to be cognizant of the fact that their off-duty activities may be monitored by employers. In some cases, employers may come under public pressure to discipline or fire an employee based on statements or actions he or she takes outside of work. As an employee, you need to be aware of how New York employment law does and does not protect you in ...