Blog Posts in June, 2018

Manhattan Judge Upholds National Origin Discrimination Verdict Against University

Under the New York City Human Rights Law (NYCHRL), an employer may not treat an employee less well “at least in part” based on certain characteristics, include race and national origin . The NYCHRL imposes a stricter standard than similar federal employment discrimination laws in this respect. An employer can only escape liability under the City statute if it can demonstrate that the challenged ...

Is an "Unfair" Employment Decision Necessarily Discrimination?

The Americans with Disabilities Act (ADA) and similar state and local laws are designed to prevent discrimination on the basis of a person's physical or mental impairments. But it is important to understand the ADA is not a proverbial “Get Out of Jail Free” card. Your employer can still discipline or fire you for unsatisfactory job performance, provided that is not simply a pretext to mask a ...

Bronx Retailer Ordered to Pay $12,000 for Not Following Overtime Laws

Does your employer have a written overtime policy in place? If not, there is a good chance you are being underpaid for the hours you work in excess of 40 per week. Many employers think they can skirt the law by paying their workers “in cash” or “off the books,” but that is not how the law works. To the contrary, federal and state wage-hour regulations require employers to give all employees ...

Can I Sue My Union if it Fails to Pursue My Discrimination Complaint?

If you are the victim of employment discrimination , you normally have the right to seek damages under New York State and New York City laws. If you are a member of a union that has a collective bargaining agreement (CBA) with the employer, then federal law also comes into play. Among other things, this means that your discrimination case may need to be heard in federal, rather than state, court. ...

Is it Really Impossible to Fire "Incompetent" Teachers in New York?

You often hear critics of New York public schools argue that it is “impossible to fire bad teachers” due to tenure and civil service laws, but that is not true. In fact, school systems can and do fire teachers for “incompetence” and similar reasons. All the law does is provide the teachers with certain due process protections, including the right to challenge an adverse employment decision in what ...

Upstate NY Employer Company Settles EEOC Disability Discrimination Charges

Last August we discussed a pending disability discrimination case against a western New York truck dealership. The U.S. Equal Employment Opportunity Commission (EEOC) accused the company of firing an employee who previously received “exceptional” performance reviews after he requested medical leave to recover from hip replacement surgery. On June 7, 2018, the EEOC announced that the parties had ...

Who is Considered a "Joint Employer" Under NYC Employment Discrimination Law?

It many employment discrimination cases, it is not necessarily clear who the “employer” is. Many New York City workers have several masters who may be fairly classified as their employer. For this reason, the New York City Human Rights Law (NYCHRL), which protects workers from on-the-job discrimination, recognizes the possibility of “joint employers.” Store Faces Lawsuit Over Restaurant ...

Understanding the Three-Step Process for Presenting Discrimination Claims

In a disability discrimination lawsuit, there is a three-step process that courts use to decide whether there is a “material” dispute that justifies trying the case on its merits. In the first step, the plaintiff–the affected employee–must make a “prima facie case of discrimination.” At the second step, the burden shifts to the employer to present a “legitimate, nondiscriminatory reason” for its ...

NYC Employers Must Comply With New Paid Sick Leave Law

On May 4, 2018, New York City's revised Paid Sick and Safe Leave Law took effect. All businesses with five or more employees who work at least 80 hours during the calendar year must provide this leave. In addition, employers must post a Notice of Employee Rights prepared by the City's Department of Consumer Affairs. What are an Employee's Rights Under the Law? An eligible worker earns one hour of ...

Can an Employer Refuse to Rehire Me Due to a Cognitive Disability?

Disability discrimination is not limited to situations in which an employer simply refuses to hire someone due to a physical or mental impairment. It also includes situations in which existing disabled and non-disabled employees are treated differently. For example, if an employer fires a disabled employee for conduct that did not lead to the dismissal of a similarly situated non-disabled ...