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Second Circuit Confirms "But-For" Standard in Disability Discrimination Cases

It is against the law for an employer to discriminate against an employee based on a disability. This includes not just hiring decisions but also situations involving the promotion or demotion of an existing employee. When it comes to disability discrimination , the question ...

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    • Second Circuit Rules 300-Day Limitations Period Does Not Apply to "Background Evidence" of Age Discrimination

      Age discrimination is prohibited by federal law. More precisely, the Age Discrimination in Employment Act (ADEA) states an employer cannot ...

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    • Why the Total Number of Employees Matters in an Age Discrimination Lawsuit

      Size can make a difference when it comes to certain forms of employment discrimination . That is to say, the size of a given employer–i.e., how many ...

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    • EEOC Issues New Report on Age Discrimination in the U.S.

      Although employment figures have been strong over the past few months, a rising tide does not necessarily lift all boats. Older workers, in ...

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    • NY Court of Appeals Holds "Perceived" Alcoholism is Not a Disability Under NYC Law

      A few months ago we discussed a pending disability discrimination lawsuit involving two former NYPD police officers who were falsely accused of ...

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    • Second Circuit Confirms "But-For" Standard in Disability Discrimination Cases

      It is against the law for an employer to discriminate against an employee based on a disability. This includes not just hiring decisions but also ...

      View More
    • EEOC Releases Figures on Workplace Discrimination Charges Filed in 2018

      Although you frequently see news reports about individual cases of sexual harassment and other forms of employment discrimination , it is often ...

      View More
    • Can a City Agency Refuse to Hire You Based on a Perceived Disability?

      There are a number of laws on the books designed to protect New Yorkers from disability discrimination . One such law is the Rehabilitation Act of ...

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    • Second Circuit Confirms "But-For" Standard in Disability Discrimination Cases

      It is against the law for an employer to discriminate against an employee based on a disability. This includes not just hiring decisions but also ...

      View More
    • Supreme Court to Decide Whether Federal Sex Discrimination Law Protects LGBT Workers

      Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees or job applicants on the basis of “sex.” Last ...

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    • How Being Treated "Less Well" at Work May Qualify as Employment Discrimination

      Although employment discrimination is prohibited at the federal, state, and city levels, each law is different in its scope and application. In fact, ...

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    • Supreme Court to Decide Whether Federal Sex Discrimination Law Protects LGBT Workers

      Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees or job applicants on the basis of “sex.” Last ...

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    • How Being Treated "Less Well" at Work May Qualify as Employment Discrimination

      Although employment discrimination is prohibited at the federal, state, and city levels, each law is different in its scope and application. In fact, ...

      View More
    • Is a New York City Employer Liable for a Non-Supervisor's Sexual Harassment?

      New York City employers have a duty to identify and address sexual harassment in the workplace. Some employers think this means they only need to ...

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    • Can a State Agency Refuse to Hire You Based on a Prior Criminal Conviction?

      New York State law forbids most employers, including state agencies, from refusing to hire a job applicant solely on the basis of a prior criminal ...

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    • 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 ...

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    • U.S. Department of Labor Launches Pilot Program to Encourage Self-Reporting of Wage Hour Violations

      The Fair Labor Standards Act (FLSA) protects the right of all qualified employees to receive minimum wage and overtime pay from their employers. If an ...

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    • Employment Attorney Mahir Nisar to Attend United Nations Event for Gender Equality

      New York employment lawyer Mahir Nisar is set to attend the 62 nd session of the Commission on the Status of Women. Attorney Nisar was nominated and ...

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    • EEOC Releases Figures on Workplace Discrimination Charges Filed in 2018

      Although you frequently see news reports about individual cases of sexual harassment and other forms of employment discrimination , it is often ...

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    • 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 ...

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    • 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 ...

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    • Supreme Court to Decide Whether Federal Sex Discrimination Law Protects LGBT Workers

      Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees or job applicants on the basis of “sex.” Last ...

      View More
    • Is Firing a Female Employee Over a Topless "Selfie" an Act of Sex Discrimination?

      Sex and gender discrimination in the workplace can take many forms. There is, of course, sexual harassment , and there are cases in which a woman may ...

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    • What You Need to Know About New York City's New "Lactation Room" Laws

      What You Need to Know About New York City's New “Lactation Room” Laws There are some forms of sex discrimination that are less about overt conduct and ...

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    • EEOC Releases Figures on Workplace Discrimination Charges Filed in 2018

      Although you frequently see news reports about individual cases of sexual harassment and other forms of employment discrimination , it is often ...

      View More
    • Is a New York City Employer Liable for a Non-Supervisor's Sexual Harassment?

      New York City employers have a duty to identify and address sexual harassment in the workplace. Some employers think this means they only need to ...

      View More
    • Is Firing a Female Employee Over a Topless "Selfie" an Act of Sex Discrimination?

      Sex and gender discrimination in the workplace can take many forms. There is, of course, sexual harassment , and there are cases in which a woman may ...

      View More
    • Social Media Job Post Highlights Fine Line Between "Employee" and "Independent Contractor"

      In the so-called gig economy, many New Yorkers no longer fully appreciate the legal distinction between an “employee” and an “independent contractor.” ...

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    • Does My Employer Have to Pay Me for Time Spent Driving to a Job Site?

      Does My Employer Have to Pay Me for Time Spent Driving to a Job Site? Federal and state wage hour laws require employers to pay employees a certain ...

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    • Is it an "Abuse of Process" to Sue My Employer for Back Pay?

      Is it an “Abuse of Process” to Sue My Employer for Back Pay? Unless an employee meets certain exemptions defined by law, he or she is entitled to ...

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    • Can I be Compelled to Arbitrate an Employment Dispute if My Union Declined to Pursue a Grievance?

      Many New Yorkers belong to a labor union. Such unions negotiate a collective bargaining agreement (CBA) setting the terms and conditions of employment ...

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    • NYC Council May Ban "At-Will" Firings in Fast Food Industry

      As a general rule, private employment in New York State is considered “at-will.” This means that an employer can fire an employee for just about any ...

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    • What are My First Amendment Rights as a Government Employee?

      The First Amendment to the U.S. Constitution guarantees every American's right to freedom of speech. How far does “free speech” extend to statements ...

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