Category Archives: Employment Discrimination
Undocumented Workers Have Employment Rights
The U.S. Department of Homeland Security (DHS) estimates between 11 and 12 million undocumented immigrants are currently residing in the country, as of the most recent available data. Many undocumented immigrants work (despite, in theory, not being permitted to do so), and that they have employment rights protecting them from unfair or disparate treatment,… Read More »
How Do I Make An ADA Claim Against My Employer?
While disabled workers are at least theoretically protected from discrimination in the workplace, in reality, many employers try to ignore federal and state laws like the Americans With Disabilities Act (ADA) for a variety of reasons. Some may try to disguise discriminatory intent behind facially neutral communication, while others do not even hide their… Read More »
Do I Have “Religious Freedom” In The Workplace?
The First Amendment to the United States Constitution guarantees freedom of religion in that “Congress” (and government in general) cannot favor one religion over another. However, what many people miss in this day and age is that the First Amendment does not apply to private enterprise, or in some cases, only applies in specific… Read More »
What Is New York’s Position On Unvaccinated People In The Workplace?
While U.S. numbers of COVID-19 cases still remain at an elevated level, some states are choosing to end mask and vaccine mandates, arguing that current variants are more “mild” and that such precautions endanger mental health. New York is rolling back some of its directives, but this does not include the vaccine requirements in… Read More »
Was I Wrongfully Terminated From My Job?
It can be a hard truth that in the United States, most employers may terminate their employees on what is known as an ‘at-will’ basis – essentially, at any time, for any reason. While employees can (at least in theory) leave their employment for the same motivations, this does not mean that there is… Read More »
What Exactly Constitutes A Hostile Work Environment?
The term ‘hostile work environment’ has become somewhat overused, with the average person applying it to every situation where interactions between coworkers are less than cordial. In New York, it has a more specific legal meaning – if you have been experiencing harassment or behavior that makes it difficult to do your job, contacting… Read More »
Obtaining Reasonable Accommodations In New York
Most of the time, discussing “reasonable accommodations” in a workplace context applies to disabilities, though there are other characteristics for which accommodations can be requested. However, the concept of which accommodations are “reasonable” will vary from employee to employee and workplace to workplace. Both federal and New York state law have benchmarks that employers… Read More »
My Employer Has Misclassified Me As An Independent Contractor!
When a business hires employees, they must report that number of employees in order to remain in compliance with programs like unemployment insurance, Social Security, tax withholding, and the like. However, many employers are not above using unethical methods to lower their financial burden. One of the most common maneuvers that an employer may… Read More »
Does New York Law Cover Maternity Or Bonding Time Leave?
Having a baby is a joyous event for many people, but for some, it can create logistical issues. A common concern for people who are about to deliver is whether or not they can take leave from their job to do so. The United States does not offer paid maternity leave nationally, but several… Read More »
New York Whistleblower Law Modified To Grant Further Protections
In late October 2021, New York’s Governor Hochul signed a bill into law that makes changes to New York’s law surrounding private-sector whistleblowers and their rights in the face of retaliation. The amendments to the law were proposed given the recent rise in whistleblowers, particularly in cases related to COVID-19 and workplace safety precautions… Read More »
