Category Archives: Employment Discrimination
What Are Employer Obligations Under The New York City Human Rights Law (NYCHRL)?
The U.S. Constitution contains a provision known as the Supremacy Clause, which holds that federal law will always prevail over state or city law. This means that if a federal law and a local law are in conflict, the federal law will always be the one upheld by the court. However, this does not… Read More »
What Is A Non-Compete Agreement?
When a person chooses to leave their job, they will simply be allowed to depart in the strong majority of cases. However, employees in certain industries, or those with certain extraordinary skills, may be asked to sign what is known as a non-compete agreement. These agreements are sometimes appropriate, but very often, they can… Read More »
Terms To Know In Workplace Disability Discrimination Cases
The Americans With Disabilities Act (ADA) was signed into law in 1990, ostensibly prohibiting discrimination against disabled people in all aspects of life, including employment. New York’s Human Rights Law does the same thing. However, while many overt forms of discrimination are becoming less common, more subtle kinds of disability discrimination are sadly endemic…. Read More »
What Rights Do I have As An “At-Will” Employee?
While it may be unpleasant to hear, it is a truism that most employees in New York, and indeed in the entire United States, are “at-will” employees. This means that those employees, lacking a valid employment contract, are at risk of termination at any point, for any legal or ethical reason. If you are… Read More »
How Can I tell If I Am Being Sexually Harassed At Work?
Reading people is a skill that not everyone has, and misunderstandings do happen. However, most types of sexual harassment are unsubtle enough to notice. If you feel as though you are being sexually harassed on the job, you have the right to take action against the person who is harassing you, and against the… Read More »
What Constitutes “Reasonable” Accommodations At Work?
The Americans With Disabilities Act (ADA) and other laws that govern behavior in the workplace all mandate reasonable accommodations must be provided for employees who require them, provided that it would not be an undue burden to do so. However, the word “reasonable” is a highly subjective one, and its meaning changes not only… Read More »
Is Being Pregnant A Protected Characteristic?
When a person becomes pregnant, it is usually considered a happy occasion in the family. However, some employers will see a pregnancy as an opportunity to cut that employee’s hours, deny them advancement, or to generally not treat the employee the same as any other, non-pregnant person. The average person might think temporary conditions… Read More »
How Can I tell If My Termination Was Wrongful?
Generally, most employees in the United States are considered “at-will,” meaning that they can be terminated at any time, for any reason. However, this does not mean that there is never a time when a firing can be wrongful. If you have been terminated and you believe that it was motivated by something other… Read More »
Am I Entitled To Antidiscrimination Protection As A Military Servicemember?
After the Vietnam War, veterans were widely shunned and often required a police escort due to widespread anti-war protests. The negative perception of the U.S. military that exists in this day and age is not nearly so vehement, but it can still unfortunately lead to discrimination and harassing behavior against those who are serving… Read More »
Is It Possible To Be Discriminated Against Based On Fears Of Having COVID-19?
With the COVID-19 pandemic approaching almost a full year of existence, it is not an understatement to say that society has been forever altered in countless ways. One of the most pernicious, however, is a rise in discriminatory behavior against those thought to either have COVID-19, or those who are seen as somehow responsible… Read More »
