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
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
There is simply no excuse in this day and age for race discrimination in the workplace, as highlighted by recent allegations against major institutions. 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
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
Many New York civil servants have certain statutory rights in the workplace. For example, a tenured schoolteacher has the right to contest a disciplinary action–including termination of employment–at a special proceeding known as a Section 3020-a hearing. But employees must also understand that such hearings carry certain legal risks and
If you suffer from discrimination in the workplace, you have the right to file a complaint with the New York State Division of Human Rights (NYSDHR). The Division then has 180 days to determine whether there is “probable cause to believe” that the accused employer “has engaged or is engaged in an
Section 75 of the New York Civil Service Law provides due process rights to certain groups of public employees. If covered by Section 75, an employee may not be fired or disciplined without receiving advanced notice and a hearing. The employee has the right to challenge an adverse employment decision in
If you are the victim of employment discrimination, you normally have the right to seek damages under New York State and New York City laws. If you are a member of a union that has a collective bargaining agreement (CBA) with the employer, then federal law also comes into play. Among
As a general rule, laws protecting workers against employment discrimination include harassment or other “adverse employment actions” designed to discourage someone from exercising their legal rights. For example, a supervisor cannot bully, ridicule, or threaten an employee who requires medical leave to care for a documented disability. Indeed, the Family and Medical
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
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