Blog Posts in January, 2018

Does a Union Referral Create an Employment Relationship?

Employment discrimination requires proof of an employer-employee relationship. This may seem like common sense, but there are many discrimination cases that turn on the legal definition of “employer.” Even if you think it is obvious that you are (or were) an employee, the employer and ultimately the courts may disagree. Second Circuit Rejects Electrician's Race Discrimination Claim The U.S. Second ...

NYC Expands Definition of “Sexual Orientation” for Employment Discrimination Purposes

New York, and in particular New York City, has long been at the forefront of protecting LGBT residents from employment discrimination . New York City's Human Rights Law (NYCHRL) already prohibits employers from discriminating against an employee on the basis of sex or gender. The New York City Council recently decided to further clarify the law, broadening the scope of the terms “sexual ...

FAQs for Employees About New York's New Paid Leave Law

As of January 1, 2018, just about all private employers in New York are now required to offer paid family leave to their eligible employees. This is a major step forward for employee rights in the state. As such, it is important for all New York workers to understand how paid family leave works and how they can take advantage of the new law. What Employers Must Offer Paid Family Leave? Just about ...

Can My Ex-Boss Badmouth Me if I Signed a Confidentiality Agreement?

Many New York employers try to conceal acts of illegal employment discrimination by convincing employees to sign severance agreements that contain confidentiality clauses. Such clauses effectively prohibit the employee from telling anyone about the discrimination he or she suffered during the course of employment. Such clauses also tend to be one-sided. That is to say, the employer and its ...

Employment Discrimination and "Essential" Job Functions

There are a number of employment laws that protect a worker's right to maintain his or her job despite a temporary or permanent disability, including the Americans With Disabilities Act and the Family and Medical Leave Act. All of these laws presume that the employee is actually qualified for the job. For example, while the ADA requires an employer to make any requested “reasonable accommodation” ...

How Tip Credits Affect the Rights of NY Restaurant Workers

Overtime and wage hour violations are rampant in New York's restaurant industry. A common problem is the misapplication of the tip credit. While all employees must earn the state-mandated minimum wage, employers may claim a “tip credit” for certain employees, such as servers and bartenders, who customarily receive customer gratuities. The credit allows the employer to use tips to offset the amount ...

How "Administrative Exhaustion" Affects Your Employment Discrimination Claim

One legal concept that often confuses individuals alleging employment discrimination is “administrative exhaustion.” This refers to the unique nature of federal and state laws governing discrimination claims. Under federal law, an employee must first file a charge against an employer with the U.S. Equal Employment Opportunity Commission (EEOC) before pursuing a private discrimination lawsuit. The ...

Surveys Show Sex Discrimination Remains a Major Problem for Women

Sexual harassment and gender-based discrimination are everyday issues for women in all New York workplaces. Women in the fields of science, technology, engineering, and math (STEM) face special challenges, due largely to the incorrect perception they are less capable than men in these subjects. Two recent studies shed light on these subject and help illustrate the depth of the problem. Focusing on ...

Do Targeted Job Ads Violate Age Discrimination Laws?

Do Targeted Job Ads Violate Age Discrimination Laws? Employment discrimination often starts with the advertisements employers use to attract potential employees. For example, if a company posts a help wanted ad seeking “young” applicants for a position, that would probably constitute illegal age discrimination. State and federal laws expressly protect workers ages 40 and older from discrimination ...

Will the New Tax Legislation Affect My Employment Status?

Will the New Tax Legislation Affect My Employment Status? There is a lot of confusion surrounding the tax reform package recently passed by Congress and signed into law by President Donald J. Trump. Among the provisions that has prompted questions is a 20% deduction for so-called pass-through entities. This particular deduction could impact far more than your tax bill: It could end up altering ...

FDNY Faces New Race Discrimination Allegations

Race discrimination is sadly not limited to the private sector. Many high-profile New York agencies have had to deal with a history of discriminatory employment practices. This includes New York's Bravest. In 2014, Mayor Bill de Blasio agreed to settle a race discrimination lawsuit filed seven years earlier against the Fire Department of New York (FDNY) over the use of civil service examinations ...

When can a Potential Employer Use Your Criminal Record Against You?

Although the criminal justice system is supposed to rehabilitate offenders and aid their reentry into society whenever possible, the reality is that many New York employers do not want to hire employees with a conviction on their record. This goes against the public policy of New York State, however, which encourages the “employment of persons previously convicted of one or more criminal ...

NY Courts are Not Sympathetic to Self-Represented Discrimination Plaintiffs

Many New Yorkers experience employment discrimination . If you are one of them, it is important to speak with an attorney who can assist you in asserting your legal rights. Many workers think they can handle a discrimination complaint on their own, only to discover the complexity of the law in this area can sabotage their case before it even begins. Court Dismisses Disability Discrimination Case ...

Is My Employer Liable if Customers Harass Me?

Employment discrimination is usually discussed in the context of the supervisor-employee relationship. An employer can also be held liable for worker-on-worker and even customer-on-worker harassment based on sex, race, disability, or another legally protected characteristic. This is not to say that every single act of third-party harassment will trigger an employer's liability, but if the ...