Is an Arbitration Agreement Binding if I do Not Sign it?

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

When can a Court Overturn an Arbitration Award in a Discrimination Case?

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,

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

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

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

Does Filing a Lawsuit Make Me Mentally Unfit to Hold a Job?

Many New York employers may try to justify illegal job discrimination on the grounds that a job applicant is physically or mentally unfit for the position. While some types of medical testing may be permissible depending on the nature and requirements of a given job, when an employer uses such tests as

When can a Potential Employer Use Your Criminal Record Against You?

Although the criminal justice system is supposed to rehabilitate offenders and aid their reentry into society whenever possible, the reality is that many New York employers do not want to hire employees with a conviction on their record. This goes against the public policy of New York State, however, which