The Americans with Disabilities Act (ADA) and similar state and local laws are designed to prevent discrimination on the basis of a person’s physical or mental impairments. But it is important to understand the ADA is not a proverbial “Get Out of Jail Free” card. Your employer can still discipline or fire
Last August we discussed a pending disability discrimination case against a western New York truck dealership. The U.S. Equal Employment Opportunity Commission (EEOC) accused the company of firing an employee who previously received “exceptional” performance reviews after he requested medical leave to recover from hip replacement surgery. On June 7, 2018, the EEOC
It many employment discrimination cases, it is not necessarily clear who the “employer” is. Many New York City workers have several masters who may be fairly classified as their employer. For this reason, the New York City Human Rights Law (NYCHRL), which protects workers from on-the-job discrimination, recognizes the possibility of “joint
There are many employment law situations in which it may benefit workers to band together and pursue joint legal action. For instance, if an employer routinely fails to pay overtime–in violation of the Fair Labor Standards Act (FLSA) and New York State law–the affected employees could file a class action to recover
The New York City Council recently passed a package of new laws designed to address the prevalence of sexual harassment and hostile work environment complaints throughout the city. Known collectively as the “Stop Sexual Harassment in NYC Act,” the new legislation significantly expands the scope of private employers subject to the New York City
Age discrimination is illegal when the victims are workers or job applicants ages 40 and over. It is important to distinguish illegal acts of age discrimination from employment policies that merely disfavor older workers in practice. Not every such policy is illegal. The burden is on the plaintiff making a claim
Even when a worker successfully pursues an employment discrimination claim, that does not always mean the employer will refrain from further illegal acts. If such acts do occur, the employee may be entitled to bring a separate lawsuit to recover any additional damages they suffer. This includes both new, standalone acts
Smartphones and laptops allow us to work anywhere and anytime we choose. On the flip side, these devices also make it possible for your employer to contact you even when you are not working. One New York City council member recently proposed a change to local employment law that would give workers
There are multiple federal and state laws that address employment discrimination. For example, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected characteristics, including race, color, national origin, sex, and religion. Other federal laws are less broad in their scope, such as the
New York employers often give vague reasons for firing an employee. A common one is that the employee simply “did not fit in” with the company or its culture. Sometimes such ambiguity is simply designed to avoid an uncomfortable conversation with an employee who is simply not performing well. There