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
Many New York employers try to conceal acts of illegal employment discrimination by convincing employees to sign severance agreements that contain confidentiality clauses. Such clauses effectively prohibit the employee from telling anyone about the discrimination he or she suffered during the course of employment. Such clauses also tend to be one-sided. That
One legal concept that often confuses individuals alleging employment discrimination is “administrative exhaustion.” This refers to the unique nature of federal and state laws governing discrimination claims. Under federal law, an employee must first file a charge against an employer with the U.S. Equal Employment Opportunity Commission (EEOC) before pursuing a private discrimination lawsuit.
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
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