Discrimination in the workplace is rarely the fault of one person. It often reflects a culture that fosters and protects those who engage in discriminatory acts. For this reason, the New York State Human Rights Law (NYSHRL) makes it illegal “for any person to aid, abet, incite, compel or coerce the
Many New Yorkers belong to a labor union. Such unions negotiate a collective bargaining agreement (CBA) setting the terms and conditions of employment with a given employer. Among other things, CBAs typically contain provisions regarding the handling of employee grievances, such as allegations of discrimination or wrongful termination. These grievance procedures are enforceable
If you are the victim of employment discrimination, you have multiple possible options for seeking justice. Depending on the facts of your case, you may be able to seek relief by filing a complaint with a state or city agency, by filing a lawsuit directly against the discriminating business in
Article 78 proceedings allow public employees in New York to challenge disciplinary or termination decisions made by their employer. A public employee must typically go through an administrative review process first. But if the employee is not satisfied with the outcome, he or she may initiate an Article 78 proceeding in
There are situations in which a person affected by gender discrimination or similar forms of illegal conduct is reluctant to come forward and pursue a claim because he or she fears retaliation from an employer (or former employer). For instance, what happens if a wrongfully terminated employee files a discrimination lawsuit, only
As one of the most diverse cities in the world, New York City has adopted its own local laws designed to combat problems such as race and nationality discrimination. The New York City Human Rights Law (NYCHRL) offers similar–yet in many cases broader–protections against employment discrimination than either federal or state
There are many situations in which a claim for employment discrimination or overtime and wage hour violations are subject to a binding arbitration agreement. Many employees are asked to sign such agreements as a condition of employment. Even employees who do not directly sign an arbitration agreement may still be bound by one if
Many people attempt to deal with an employment discrimination without first consulting a qualified attorney. This is often a mistake for several reasons. For one thing, there is a specific legal process employees must follow when pursuing a discrimination charge. If the worker fails to understand this process, it can doom the
Many New York employees are subject to arbitration agreements. This means that if they are victims of employment discrimination or any other illegal act arising from their employment, their claim will be heard by an arbitrator instead of a judge. Although arbitration is often criticized as unfairly weighted in favor of employers,
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
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