Employment discrimination cases may involve multiple levels of judicial and quasi-judicial proceedings. As a general rule, once a discrimination claim has been fully and fairly litigated in one court or forum, it cannot be re-litigated in the future. In legal parlance this is known as “collateral estoppel.” Judge Rejects Board of
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
Fast-food workers typically work long hours for little pay. They are also often at the mercy of employers who force them to work additional shifts with little or no notice. To help remedy this situation, the New York City Council adopted a number of measures last year designed to strengthen
The so-called gig economy has been a boon to many New Yorkers who have chosen to forego traditional employment in favor of more flexible working arrangements. Freelancing and self-employment also carry certain legal risks. For one thing, a freelancer does not have the same protections as traditional employees under federal
New York, and in particular New York City, has long been at the forefront of protecting LGBT residents from employment discrimination. New York City’s Human Rights Law (NYCHRL) already prohibits employers from discriminating against an employee on the basis of sex or gender. The New York City Council recently decided to
There are a number of employment laws that protect a worker’s right to maintain his or her job despite a temporary or permanent disability, including the Americans With Disabilities Act and the Family and Medical Leave Act. All of these laws presume that the employee is actually qualified for the job. For
Will the New Tax Legislation Affect My Employment Status? There is a lot of confusion surrounding the tax reform package recently passed by Congress and signed into law by President Donald J. Trump. Among the provisions that has prompted questions is a 20% deduction for so-called pass-through entities. This particular
Race discrimination is sadly not limited to the private sector. Many high-profile New York agencies have had to deal with a history of discriminatory employment practices. This includes New York’s Bravest. In 2014, Mayor Bill de Blasio agreed to settle a race discrimination lawsuit filed seven years earlier against the Fire Department of
Many New Yorkers experience employment discrimination. If you are one of them, it is important to speak with an attorney who can assist you in asserting your legal rights. Many workers think they can handle a discrimination complaint on their own, only to discover the complexity of the law in this
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