Blog Posts in March, 2018

Do Anti-Hispanic Statements Constitute “Racial” Discrimination?

There are multiple federal and state laws that address employment discrimination . For example, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected characteristics, including race, color, national origin, sex, and religion. Other federal laws are less broad in their scope, such as the Civil Rights Act of 1866, which outlaws racial discrimination but ...

When is Alcoholism Classified as a Legal “Disability”?

Alcoholism is a serious illness that afflict many New Yorkers. Under certain circumstances, alcoholism does qualify as a protected disability under federal and state employment laws . This does not mean that an employer cannot discipline or even terminate an employee who abuses alcohol. If an employee is in treatment or recovering from alcohol addiction, the employer may be required to make ...

NYC to Require Employers Accommodate Requests for “Temporary” Employee Schedule Changes

All of us have faced situations in which we need to take a day off from work due to a sudden personal or family emergency. Unfortunately, many employers are unwilling to accommodate such last-minute schedule changes. A recently adopted change to New York City employment law will give employees greater flexibility in seeking temporary work schedule changes necessitated by “personal events.” FAQs ...

Can an Employment Agency Refuse to Refer a Worker Due to Age?

New York employers need to tread carefully when it comes to soliciting information regarding the ages of job applicants. In some industries–notably technology–there is often a demonstrable bias in favor of hiring younger workers. Federal and state anti-discrimination laws do not recognize such biases as legitimate grounds for making employment decisions. IT Staffing Company Agrees to Pay EEOC $50K ...

Will New York Eliminate the “Tip Credit” for Servers?

The minimum wage is not as simple as you might think, at least when it comes to service workers in businesses, like restaurants, where employees receive customer tips. Both the federal government and New York State allow employers to apply a “tip credit” against the minimum wage it must pay employees. In practice, this means that employers only have to pay a sub-minimum wage of just $2.13 per hour ...

Long Island Diner Owner, Manager Plead Guilty to Criminal Wage Theft Charges

You have the right to receive a day's pay for a day's work under New York law. No employer has the right to withhold wages, even if it claims it lacks the funds to meet payroll. Failure to pay employees on time is a wage and hour violation and in some cases, it can lead to criminal charges against the employer if there is evidence of fraud. Diner Failed to Pay More Than a Dozen Employees, Forced ...

How Much can I Actually Win in a Sexual Harassment Case?

Large jury verdicts tend to garner news headlines. Sexual harassment cases are no exception, especially in the current social climate. Before pursuing an employment discrimination claim, you should be aware of how the law restricts the amount of damages you may actually receive, notwithstanding a jury's determination. $13.4 Million Employment Discrimination Award Likely to Come Down For example, a ...

Are Hospitals Founded by Religious Groups Exempt from Employment Discrimination Laws?

Last year we discussed a New York federal appeals court's holding that the ex-principal of a Catholic school could not challenge her termination under employment discrimination laws because the First Amendment to the Constitution prevented the government from interfering with a religious group's “determination of who can act as its ministers.” In this context, the U.S. Second Circuit Court of ...

Is “Not Fitting in” Actually a Pretext for Discrimination?

New York employers often give vague reasons for firing an employee. A common one is that the employee simply “did not fit in” with the company or its culture. Sometimes such ambiguity is simply designed to avoid an uncomfortable conversation with an employee who is simply not performing well. There may be cases where “fitting in” is actually a veiled reference to a discriminatory motive that is ...

Can My Employer Refuse to Assign Me Work Because of My Pregnancy?

Many New York employers view pregnant employees as an inconvenience rather than as individuals entitled to respect and equal treatment in the workplace. Fortunately, a host of employment discrimination laws, including Title VII of the federal Civil Rights Act and the Pregnancy Discrimination Act, do not afford such employers the luxury of depriving pregnant women of their ability to earn a living. ...

Did an Upstate College Illegally Fire a Campus Doctor for Treating Transgender Students?

Transgender individuals continue to face discrimination and hostility from many parts of our society. In addition to bullying and harassment, transgender persons must also overcome significant obstacles in order to obtain proper health care. As an ongoing employment discrimination dispute from upstate New York illustrates, these issues raise important questions regarding basic principles of civil ...

N.Y. Court Rules Federal Sex Discrimination Law Covers Sexual Orientation

The U.S. Second Circuit Court of Appeals, which has jurisdiction over all federal courts in the State of New York, issued a landmark employment discrimination ruling on February 26. By a vote of 10-3, the full Court held that “sex discrimination” under Title VII of the federal Civil Rights Act of 1964 includes discrimination on the basis of a person's sexual orientation. This ruling overturned ...

Does My Disability Make Me a “Direct Threat” to Workplace Safety?

The Americans With Disabilities Act (ADA), together with other state and local employment laws , require an employer to make “reasonable accommodations” for employees and job applicants who have a documented medical impairment. The ADA only goes so far, however. An employer may refuse to accommodate and even refuse to hire an employee whose condition poses a “direct threat” to workplace safety. In ...