Blog Posts in August, 2018

Can I be Fired if I Ask for a Chair at Work?

New York employers have a legal responsibility to provide reasonable accommodations for employees with a medically documented disability. The purpose of laws like the Americans with Disabilities Act (ADA) is not to burden employers with unqualified workers, but rather to ensure capable employees are in a position to continue performing their jobs successfully. Employers who simply think they can ...

Can I Sue Someone Who Testifies Against Me at an Employment Arbitration Hearing?

Many New York civil servants have certain statutory rights in the workplace. For example, a tenured schoolteacher has the right to contest a disciplinary action–including a termination of employment–at a special proceeding known as a Section 3020-a hearing. But employees must also understand that such hearings carry certain legal risks and limitations. Judge Rules Fired Teacher's Ex-Therapist ...

Manhattan Court Upholds National Origin Discrimination Verdict Against State Agency

When it comes to race and nationality discrimination , it is critical to distinguish an individual employee from their native country. In other words, even if the United States Government is involved in a political conflict with a foreign country, that does not permit employers to discriminate against employees who happen to come from that country. All employees, regardless of national origin, are ...

What Happens if the State Does Not Believe My Employment Discrimination Claim?

If you suffer from discrimination in the workplace, you have the right to file a complaint with the New York State Division of Human Rights (NYSDHR). The Division then has 180 days to determine whether there is “probable cause to believe” that the accused employer “has engaged or is engaged in an unlawful discriminatory practice” and take appropriate legal action in response. If the Division ...

The Role of Collective Bargaining Agreements in Section 75 Cases

Section 75 of the New York Civil Service Law provides due process rights to certain groups of public employees. If covered by Section 75, an employee may not be fired or disciplined without receiving advanced notice and a hearing. The employee has the right to challenge an adverse employment decision in arbitration. And if the arbitrator rules in the employee's favor, he or she may seek ...

Can I be Fired for Requesting a Private Room to Breastfeed at Work?

Many expectant mothers face pregnancy discrimination in the workplace. Aside from businesses who refuse to hire pregnant women, many employers also do not respect the legal rights of new mothers. For example, New York State and New York City law both require employers to accommodate a mother's need to breastfeed her children. An employer may be held liable if it fails to provide such ...