To prove disability discrimination at work, you need four key elements: medical documentation establishing your disability under the ADA, evidence that you’re qualified for your position, proof of an adverse employment action (like termination or demotion), and documentation linking that action to your disability rather than legitimate business reasons. The
Confidentiality and non-disparagement provisions restrict what you can say about your employer and your severance terms after leaving a job. These clauses aim to protect company reputation and keep settlement details private, but recent federal and state regulations have significantly limited how broadly employers can enforce these restrictions—especially when they
Your employer can’t ask about your medical conditions during a job interview, but they can require a full medical exam after making you a job offer – and the rules change again once you’re actually employed. The Americans with Disabilities Act (ADA) creates three distinct stages of employment with different
In New York, you can typically receive unemployment benefits after receiving severance pay, but the timing and eligibility depend entirely on how your severance is structured. If you receive a lump sum payment, you can usually file for unemployment immediately after your last day of work. However, if your severance
The EEOC guidance on criminal background checks requires employers to prove that excluding job applicants based on criminal history is “job-related and consistent with business necessity.” This means employers can’t use blanket policies that automatically disqualify anyone with a criminal record. Instead, they must consider three key factors: the nature
When you lose your job in New York, you typically have 60 days to elect COBRA healthcare coverage at 102% of your employer’s full premium cost – that’s your portion plus what your employer previously paid, plus a 2% administrative fee. For most employees, this means paying $700-$2,000 monthly for
To prove discriminatory termination, you need evidence establishing three critical elements: membership in a protected class, disparate treatment compared to similarly-situated employees outside your protected class, and proof that your employer’s stated reason for termination is pretextual – essentially a cover-up for illegal discrimination. This means documenting specific instances of
A standard severance package typically includes one to two weeks of pay per year of service, continuation of health benefits for a limited period (usually 3-6 months), payout of accrued vacation time, and a general release of claims against your employer. Most agreements also contain confidentiality provisions, non-disparagement clauses, and
Age discrimination in hiring happens when employers treat job applicants less favorably because they’re 40 or older. Under federal law (the Age Discrimination in Employment Act, or ADEA), this is illegal for companies with 20 or more employees. If you’re in New York, you get even stronger protections—state and city
Yes, you can request religious accommodations at work without fear of retaliation—it’s your legal right. Title VII of the Civil Rights Act of 1964 protects your ability to practice your faith in the workplace, and the law explicitly prohibits employers from retaliating against you for requesting accommodations. Whether you need