Many New York employees are subject to arbitration agreements. This means that if they are victims of employment discrimination or any other illegal act arising from their employment, their claim will be heard by an arbitrator instead of a judge. Although arbitration is often criticized as unfairly weighted in favor of employers,
Online forums and social media services are filled with people making vulgar, misogynist, and racist comments, but such comments have no place in New York’s workplaces. If a supervisor consistently uses such derogatory language toward employees, it can and will be treated by regulators and the courts as a form
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
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
There are multiple layers of legal protections for victims of sexual harassment in New York City. At the top level there is the Civil Rights Act of 1964, which is a federal statute adopted by Congress. At the next level there is the New York State Human Rights Law. If you live
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
Before pursuing a claim for sex or pregnancy discrimination, you need to be careful to maintain any records related to your employment, including the discriminatory acts that led to your illegal termination. Having this paper trail will make it easier for you to prove your case in court as well as
One of the biggest ongoing debates in employment law is how to properly classify workers as “employees” or “independent contractors” in the digital economy. The media throws around the term “gig economy” to describe workers who provide services through online platforms. This provides little guidance for judges and state officials who need
Although employment figures have been strong over the past few months, a rising tide does not necessarily lift all boats. Older workers, in particular, continue to face an uphill struggle when it comes to finding work or simply retaining their current jobs. Although the federal government banned age discrimination 50 years ago,
One way that New York State law protects you from potential overtime and wage-hour violations is by requiring your employer to provide you with a wage statement, i.e., a pay stub. A wage statement must include basic information about the hours you worked during a given pay period, your regular and overtime