Blog Posts in August, 2018

What are My First Amendment Rights as a Government Employee?

The First Amendment to the U.S. Constitution guarantees every American's right to freedom of speech. How far does “free speech” extend to statements you make at work? If you work for a state or city agency, for example, can you be fired for making statements with which your bosses disagree? The answer to this question is quite complicated. A public employer may be liable for wrongful termination ...

EEOC Sues New York Hotel for Refusing to Let Employee with Back Problem Sit in a Chair

Although many New York employers complain about the “unfair” burden of employment discrimination laws like the Americans with Disabilities Act (ADA), in practice, compliance is not that difficult. The ADA, for instance, requires employers provide “reasonable accommodation” to a disabled employee upon request. Although there is often disagreement as to what qualifies as “reasonable,” the intent of ...

Appeals Court Criticizes Trial Judge for Improperly Dismissing Wage and Hour Case a Week Before Trial

Many New York workers, and especially immigrants, struggle to receive fair pay from their employers. Federal and state laws impose minimum wage and overtime requirements. When employers fail to follow the law, the burden is often on the employees to take action and file a lawsuit just to receive the money they are rightfully owed. Employment litigation is usually not a quick process. It can take ...

Judge Allows Ex-Tennis Coach to Continue Sex Discrimination Lawsuit Against SUNY Albany

Last October, we discussed an interesting sex discrimination lawsuit filed by the former women's tennis team at the State University of New York at Albany. The team's coach, Gordon Graham, successfully led the team for five seasons, when the university abruptly cancelled the entire program in March 2016. According to Graham, school officials then reassigned him to “meaningless administrative ...

How Does the NYC Human Rights Law Protect Me from Sexual Harassment at Work?

There are multiple layers of legal protections for victims of sexual harassment in New York City. At the top level there is the Civil Rights Act of 1964, which is a federal statute adopted by Congress. At the next level there is the New York State Human Rights Law. If you live or work within the five boroughs of New York City, there is a separate Human Rights Law. The New York City Human Rights ...

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 ...