Category Archives: Employment Discrimination
How is disability discrimination dealt with in New York?
The Americans With Disabilities Act (ADA) is a federal law that prohibits employment discrimination on the basis of disability or perceived disability. It is enforced by each state, New York included, in tandem with the state’s own antidiscrimination provisions. The ADA is the law that a disabled person will generally cite if they believe… Read More »
What is workplace retaliation?
When an employee complains about poor conditions, or provides information to an agency looking to protect workers, it would be nice if an employer accepted the feedback and learned from it. However, it is all too common for employers to react vindictively, retaliating against the employee who has complained via pay cuts, demotions, or… Read More »
What are “just cause” protections and do they apply to me?
In every U.S. state, an employer can generally fire an employee at will, meaning that they do not require a specific cause in order to terminate someone. However, this has resulted in a manifestly unequal balance of power in U.S. workplaces – most of the time, when an employee is fired from their job,… Read More »
How do I show a hostile work environment exists in my office?
Every workplace may have a modicum of jokes, teasing, or even harassment, with the level of acceptance varying between employers. However, it is in the employer’s best interest to not allow inappropriate behavior to mushroom, because if it rises to the level of a hostile work environment, anyone who can demonstrate that they were… Read More »
Does New York have ‘ban the box’ laws?
In recent years, there has been a movement across the U.S. to ‘ban the box’ – to prohibit employers from using a person’s past criminal history as a reason not to hire or retain them as an employee. New York has been one of the forerunners, passing extensive statewide legislation affecting both the public… Read More »
How is religious discrimination handled in New York City?
New York City has one of the most expansive human rights laws in the United States, which goes a long way toward ensuring that as many people as possible have the right to seek justice if they have experienced discrimination, particularly in housing or employment. Claims are filed on a host of bases, including… Read More »
Has the COVID-19 pandemic affected employment discrimination claims?
As of this writing, the United States is being hit by another spike in cases of COVID-19, affecting every industry and forcing employees into difficult positions. However, none of this is grounds for allowing employers to act unethically, and where true discriminatory action exists, employment discrimination claims have continued to be filed. If you… Read More »
What does being misclassified mean?
In the current difficult economic climate, it is crucial for every worker to receive the pay to which they are entitled. However, some employers, trying to tighten their own belts, may engage in unethical behavior that includes trying to maneuver workers into a classification where they are not entitled to overtime pay or even… Read More »
Does “at will” employment mean you can be fired at any time, for any reason?
As of this writing, every state in the U.S. is considered an at-will state, which means that an employee can be terminated without cause, at any time. However, this would seem to fly in the face of federal and state nondiscrimination laws, which forbid terminating employees based on certain characteristics. The truth is that… Read More »
How are employment contracts handled in New York?
The overwhelming majority of employment opportunities in the United States are filled on what is referred to as an ‘at will’ basis. This means that either the employee or the employer can terminate the work relationship at will, with no notice required on either side. If you accept a job without signing an employment… Read More »
