Sexual harassment is a serious problem in many New York City workplaces. Like other forms of employment discrimination, sexual harassment often reflects a certain institutional or managerial culture. That is to say, even managers who do not directly engage in harassment may encourage it by failing to take action against the
Sex and gender discrimination in the workplace can take many forms. There is, of course, sexual harassment, and there are cases in which a woman may be denied a promotion in favor of a less-qualified male colleague. Teacher Blamed for Students’ Invasion of her Privacy Then there are situations in which sex
Have You Been Unfairly Disciplined at Work Due to Your Sex? When it comes to employment discrimination, it is not enough for an employer to hide behind seemingly neutral disciplinary policies. In other words, if an employer enforces a given policy more harshly against one group of employees–say, women–then that qualifies
Is it an “Abuse of Process” to Sue My Employer for Back Pay? Unless an employee meets certain exemptions defined by law, he or she is entitled to overtime pay if they work more than 40 hours in a given workweek. This is a pretty straightforward legal principle, yet far
If you are the victim of employment discrimination, you have multiple possible options for seeking justice. Depending on the facts of your case, you may be able to seek relief by filing a complaint with a state or city agency, by filing a lawsuit directly against the discriminating business in
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
Disability discrimination occurs whenever an employee is the victim of an “adverse employment action” related to his or her impairment. An adverse action is not limited to cases in which the employee is hired, or even when a job applicant is not hired. If a manager transfers an employee to
If you plan to pursue a legal claim against your current or former employer for an overtime and wage hour violation, it is critical to get your facts straight. Many employers do not keep complete records of how much they pay their workers, despite the fact that they are required to
New York State and New York City both provide legal protections for workers that meet–and often exceed–the provisions of federal civil rights law. In order to take advantage of state and city laws, you must demonstrate that the New York courts have “subject matter jurisdiction” over your claim. Among other
Overtime and wage hour violations are governed by both federal and state law. This has led to some confusion as to the types of damages an employee can seek against an employer. This past April we discussed a decision by the U.S. Second Circuit Court of Appeals here in New York, Rana v. Islam,