Yes, temporary disabilities can qualify for full ADA protection when they substantially limit one or more major life activities—regardless of how long they’re expected to last. The U.S. Court of Appeals for the Ninth Circuit’s May 2022 ruling reinforced that conditions like surgery recovery, broken bones, and serious illnesses requiring
Non-compete and non-solicitation clauses are restrictive covenants that limit your ability to work for competitors or contact former clients and colleagues after leaving your job. In New York, these restrictions must be reasonable in time, geographic scope, and industry limitation to be enforceable, and employers typically must provide additional compensation
The “severe or pervasive” standard determines whether workplace harassment violates federal anti-discrimination laws. You don’t need both—harassment must be either severe enough that a single incident creates an abusive environment, OR pervasive enough that repeated conduct fundamentally changes your working conditions. Courts evaluate severity by asking if a reasonable person
A release of claims in a severance agreement is a legal provision where you waive your right to sue your employer for virtually all employment-related claims in exchange for severance benefits. You’re typically giving up rights to pursue claims for discrimination, harassment, wrongful termination, unpaid wages, breach of contract, and
Yes, severance payments are fully taxable as ordinary income and subject to federal income tax (typically 22% supplemental withholding rate), state and local taxes, plus FICA taxes (7.65% for Social Security and Medicare) – meaning you could lose 35-45% of your severance to taxes depending on your location and income
No, in most cases, your employer cannot force you to retire based solely on your age—it’s been illegal since 1986 under the Age Discrimination in Employment Act (ADEA). If you’re 40 or older and working for a company with 20+ employees, federal law protects you from mandatory retirement, though narrow
The most common ADA violations include inaccessible entrances (missing ramps, narrow doorways), non-compliant restrooms (inadequate space, missing grab bars), insufficient accessible parking, service animal discrimination, failure to provide reasonable accommodations in employment, and inaccessible websites lacking screen reader compatibility. These violations can result in federal penalties up to $75,000 for
Temporal proximity is the time gap between when you engage in a protected workplace activity (like reporting discrimination or filing an EEOC complaint) and when your employer takes negative action against you. When these events happen suspiciously close together – typically within three months – courts often view this timing
After wrongful termination, you maximize your settlement by negotiating before filing formal complaints when your employer faces $75,000-$125,000 in potential litigation costs. Start by documenting discriminatory actions, calculating comprehensive damages (including 3-12 months severance, lost wages, and benefits), and then present a demand 20-30% higher than your target settlement. Most
Intersectional harassment occurs when you’re targeted at work based on two or more protected characteristics simultaneously – like being harassed specifically as a Black woman, an older LGBTQ+ employee, or a disabled immigrant. Unlike single-factor discrimination, these compound attacks target the unique intersection of your identities, creating a distinct form
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