Blog Posts in September, 2018

Can Public Employees Run for Elected Office?

Many elected officials in New York continue to hold outside jobs while in office. This is generally not a major problem if the elected official works for a private employer, but what about a public employer? In other words, can you work for the State of New York while simultaneously holding an elected office? These questions were the subject of a recent Article 78 decision by the New York Court of ...

Ex-Sales Manager Accuses Spotify of Gender Discrimination

Gender discrimination in the workplace often takes the form of implicit or explicit bias on the part of male managers toward female employees. For example, a manager may enforce different standards of conduct for male and female employees, affording greater latitude to the former. Or the manager may simply favor male employees with respect to opportunities for assignments or promotions. In either ...

How do I Prove the Existence of a Hostile Work Environment?

It is often difficult to prove a hostile work environment claim in the New York courts. There is no universal definition of what precise acts qualify as creating such an environment. As a general rule, according to the U.S. Second Circuit Court of Appeals, courts must look at whether the workplace in question “is permeated with discriminatory intimidation, ridicule, and insult, that is ...

Understanding Employment Discrimination and "Constructive Discharge"

There are many scenarios in which a person faces such adverse discrimination at work that he or she has no choice but to quit. In such cases, the employee may have a claim for “constructive discharge” under federal and state employment discrimination laws. Keep in mind, constructive discharge requires more than proof of simple harassment. The employee must be faced with a working environment that ...

Federal Court Rules Limos are "Taxicabs" for Purposes of Federal Overtime Exemption

As a general rule, employees who work more than 40 hours during a given workweek are entitled to 150% of their regular pay–i.e., overtime–for any hours worked in excess of 40. As you might know, there are several groups of employees “exempt” from overtime pay requirements. For example, under the Fair Labor Standards Act (FLSA), the federal law governing overtime, “any driver employed by an ...

EEOC Sues N.Y. Manufacturer Over Management's History of Misogynist, Racist Remarks

Online forums and social media services are filled with people making vulgar, misogynist, and racist comments, but such comments have no place in New York's workplaces. If a supervisor consistently uses such derogatory language toward employees, it can and will be treated by regulators and the courts as a form of illegal employment discrimination . Discrimination in the Workplace For instance, the ...

First Department Affirms Broad Definition of Marital Status Discrimination

Last September, we discussed a ruling by a Manhattan Supreme Court judge allowing a unique marital status discrimination lawsuit to proceed to trial. Under the New York City Human Right Law (NYCHRL), an employer may not discriminate against an employee based on whether they are married, single, divorced, or in any other particular type of personal relationship. In this particular case, Morse v. ...

EEOC Sues NY Grocery Store Over Supervisor's Alleged Sexual Harassment

Everyone knows–or should know–that sexual harassment is illegal, nor are there as many “grey areas” regarding sexual harassment as some folks seem to think there is. At its most basic level, sexual harassment consists of an employer (or one of their agents) demanding sexual favors from an employee–and threatening retaliation if the employee does not comply. All New York employers must have strong ...

Will My Employment Discrimination Case be Heard in State or Federal Court?

If you have been the target of employment discrimination in New York City, you may be able to seek relief under a number of federal, state, and local laws, but you must be careful in deciding how to pursue your case. Different laws cover different types of illegal conduct, and if you are not careful, you may find yourself in an unintended legal situation. Judge Holds FMLA-Related Claims do Not ...

Sexual Harassment is Not a "Playful" Joke

Sexual harassment takes many forms. Sometimes a coworker makes inappropriate sexist “jokes” in the office. In other cases, a manager directs sexually charged comments toward a subordinate. New York employers must take affirmative steps to identify and stop any such conduct. It is unacceptable–and illegal–for an employer to excuse harassing conduct as “just kidding around” and “no big deal.” EEOC ...

3020A Hearings and Retaliation Claims

Tenured public school teachers have certain due process rights in the workplace. A teacher may not be fired unless the local board of education can show there was “just cause.” The teacher also has the right to an administrative review–commonly known as a 3020A hearing –at which he or she can confront the evidence against him or her and present a defense. Federal Judge Rejects Fired Math Teacher's ...

New York State Publishes Model Sexual Harassment Policy

Earlier this year, New York State adopted new legislation (included in the state's budget) designed to expand worker protections against sexual harassment . Pursuant to this legislation, the governor's office created a Combating Sexual Harassment in the Workplace website, which includes a model sexual harassment policy for employers. All New York State employers are required to have such a policy ...

Does a College Have to Alter its Educational Program to Accommodate a Disabled Student?

Disability discrimination is not strictly limited to employment. The Americans with Disabilities (ADA) guarantees access to a wide range of “goods, services, facilities, privileges, advantages, or accommodations.” This includes educational programs, which means colleges and universities must engage in an “interactive process” with disabled students who request a reasonable accommodation for their ...

Manhattan Court Awards Default Judgment Against Employer Who Used Racial Slurs, Assaulted Female Employee

There is simply no excuse in this day and age for race discrimination in the workplace. Yet it remains an everyday occurrence. In some situations the discrimination is subtle and the affected employee may try to ignore it. But there are other cases in which the discrimination is so extensive–and perhaps violent–that the employee simply has no alternative but to take legal action. Court Finds ...

Can I Sue My Former Employer for Same-Sex Gender Discrimination?

The typical gender discrimination is brought by a female heterosexual or an LGBTQ individual. But even male heterosexuals can be the victim of job-related discrimination. Anti-discrimination laws are broadly applied to certain types of unlawful employment practices, regardless of the sexual orientation of the individuals involved. Judge Allows Lawsuit Against L.I. Car Dealership to Proceed Here is ...