Blog Posts in November, 2018

Addressing Sex and Gender Discrimination in the Hiring Process

Despite the fact that everyone knows there are laws against gender discrimination , many New York employers still think they can get away with blatantly sexist hiring practices. In fact, many employers continue to hire less-qualified male applicants to the detriment of female applicants. This is why it is so important for the affected applicants to take action and file employment discrimination ...

Who is Considered a "Joint Employer" for Purposes of Discrimination Law?

When bringing a lawsuit for race discrimination , or any other type of discrimination claim for that matter, it is important to clearly identify who the relevant “employer” is. In many cases this will be obvious. But what about a situation in which an employment agency or multiple contractors are involved in the hiring process? How do you determine who may be liable for a particular act of alleged ...

Supreme Court: Federal Age Discrimination Law Applies to All State, Local Government Agencies

There are a number of laws designed to combat age discrimination in the workplace. The most prominent is the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits certain types of employers from discriminating against workers–who are at least 40 years old–on the basis of age. More precisely, the ADEA applies to private businesses with at least 20 employees and any “State or ...

Buffalo Company to Pay $465,000 to Settle EEOC Charges

All New York employers must be mindful of their legal duty to avoid engaging in any acts that may qualify as disability or pregnancy discrimination . Not only can the affected employees sue the employer privately for monetary damages, but government regulators charged with enforcing employment laws can take separate action, which may result in significant fines and additional penalties. Employer ...

How the "Essential Functions" of a Job Affects a Discrimination Disability Lawsuit

Disability discrimination occurs whenever an employer fails to make a “reasonable accommodation” requested by an employee with a documented physical or mental impairment. What constitutes “reasonable” varies based on the situation. An employer may reject an accommodation–and even fire a disabled employee–if it can prove there was no accommodation that would allow the employee to perform the ...

N.Y. Court of Appeals Upholds Labor Department's Interpretation of Prevailing Wage Rules

If you work on a public works project–that is, a construction project for a state or local government–you may be covered by New York's prevailing wage law. The prevailing wage is a complex schedule of wage hour rules that specify how different skilled tradespeople must be paid for their labor. Prevailing wages differ by city or county and set not only how much workers must be paid, but also what ...

Amtrak Sued for Alleged Sexual Harassment, Retaliation

There are, broadly speaking, two major types of illegal sexual harassment . The first involves actions that create a “hostile work environment” that targets an employee, or group of employees, based on their sex. The second is commonly referred to as “quid pro quo” harassment. This is often the more direct form of harassment, as it involves an employer or supervisor demanding sexual favors in ...