The Pregnancy Discrimination Act (PDA) was created to protect women from workplace discrimination due to her pregnancy. Pregnancy discrimination in the workplace may involve any of the following:
- Refusing to hire;
- Failing to promote;
- Placing an employee on leave;
- Not allowing a person to work;
- Reducing an employee’s hours;
- Limiting assignments for safety reasons;
- Requiring medical clearance or notes;
- Failing to provide accommodations;
- Employer retaliation; and
- Different or disparaging treatment.
A company is not allowed to fire a person, change his or her daily job description or deny them benefits due to their pregnancy. In addition, pregnancy can cause certain medical conditions that may require reasonable accommodations in order for a person to perform his or her job. An employer must provide these reasonable accommodations in accordance with the Americans with Disabilities Act (ADA). This may include, working remotely, alternative assignments, disability leave, or an extended leave of absence.
If you have been faced with discrimination, it is important to:
- Speak with a superior about any hostility you are experiencing or missed opportunities.
- Speak with Human Resources regarding any discrimination or hostility in the work environment to determine the next course of action. Make sure to familiarize yourself with company policies and protocols to protect yourself.
- Contact an experienced employment lawyer. If your employer has or is continuing to violate your rights, it is important to speak with an experienced employment law attorney who can protect your rights and assist you in receiving the compensation you deserve.
Navigating the complexities of discrimination in the workplace can be difficult. It is important that individuals who have faced employment discrimination seek the guidance of an experienced employment discrimination lawyer. Steven Sack, “The Employee’s Lawyer,” has represented individuals alleging unfair employee discrimination for more than 37 years. Mr. Sack is knowledgeable in all aspects of employment law and fights zealously on behalf of his clients.For more information or to schedule a consultation, call (917) 371-8000 or email sms@StevenSack.com.
New York State Governor Andrew Cuomo signed into law a bill which structures the gradual increase of the minimum wage in New York to $15.00. This structure provides a different schedule in three different regions of New York including, 1. New York City; 2. Nassau, Suffolk, and Westchester counties; and 3. outside Nassau, Suffolk, and Westchester counties. Not only does each region have a different schedule, but each type of business within New York City has different schedules as well.
Continue reading “New Year New Minimum Wage Requirements”
Across the country, more employers are hiring individuals on an as-needed basis. This often leads to denying workers benefits such as health insurance, overtime, and sick pay, among others. Hiring employees on an as-needed basis may be a violation of the Fair Labor Standards Act (FLSA). The Department of Labor has set forth a legal test to determine whether or not a worker is considered an employee or a contractor.
Continue reading “Misclassifying Employees as Independent Contractors”
Recently, there have been multiple accusations of sexual misconduct against some of the world’s most powerful and famous people, including Harvey Weinstein, Louis C.K., and Matt Lauer. These accusations demonstrate instances of sexual misconduct in the workplace where a person of authority uses his or her position to make unwanted sexual advances or sexual requests in exchange for something. Any form of direct or indirect unwelcomed or inappropriate conduct results in a hostile work environment. Some examples of the most common types of sexual misconduct that result in a hostile work environment include:
- Inappropriate sexual photos in the workplace;
- Inquiring about a person’s sexual preference or any other question related to sex;
- Sending pornographic pictures to colleagues;
- Unwelcomed advances, including touching or rubbing;
- Sending suggestive emails or other communications
- Sexual jokes; and
- Inappropriate gestures or starring.
Though society may act as the court of public opinion, these powerful people have faced limited consequences within the judicial system for their wrongful conduct. However, the legal system provides opportunities for those that are a victim of sexual misconduct to be compensated for the harm he or she experienced. While the criminal punishment for sexual misconduct examines the seriousness of the wrongdoing and the perpetrator’s intent, the civil component seeks to make a victim whole from the harm caused by the perpetrator’s wrongdoing.
Under Title VII of the Civil Rights Act of 1964, sexual harassment is prohibited because it is a form of gender discrimination. In accordance with the law, a sexual harassment claim may be filed with the following agencies:
- Equal Employment Opportunity Commission (EEOC);
- New York State Division of Human Rights; and
- New York City Commission on Human Rights.
While New York does not tolerate employment discrimination and harassment, it does have a three-year statute of limitations to file a lawsuit, which means that victims of sexual misconduct must act before their claim is barred.
If you believe you have been a victim of sexual misconduct by your employer or have been wrongfully terminated, contact an experienced New York employment law attorney who can ensure that your rights are protected. Call Steven Mitchell Sack at 917-371-8000.
You just made a controversial Facebook post about the company you work for forgetting your boss is one of your friends. Can you get reprimanded for what you post on your own personal social network? The laws surrounding social media and the workplace are still developing. The best piece of advice to follow is to always be cautious about what you post, whether you are on your own blog, Facebook, Instagram, or Twitter account. You are responsible for what you post and who sees it, so post restrictively. Continue reading “Social Media and the Workplace”
Employees get asked questions from their employers on a day-to-day basis. Some questions are innocent, while other questions may seem a little more personal. Either way, employees are not usually hesitant to answer employer questions, as they assume that any question asked must be necessary for the employer to know. While in many cases this may be true, when it comes to prying into an employee’s medical information, there are laws that protect employees from having to disclose. Continue reading “What Employees Should Know About Employer Medical Information Requests”
According to federal anti-discrimination laws, gender identity and gender expression are not protected categories. However, New York City’s statute on employment anti-discrimination includes gender identity and gender expression as protected categories. However, a recent U.S. Supreme Court decision in Price Waterhouse v. Hopkins found that Title VII of the Civil Rights Act of 1964 prohibits sex stereotyping, which may now provide a basis for claims. Continue reading “Sex Stereotyping In The Workplace”
On November 1, 2017, the Equal Employment Opportunity Commission (EEOC) launched a public portal that will give people online access to inquiries about discrimination. “The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex, national origin, age, disability or genetic information.” The public portal will make EEOC information, as well as personal charge information, easily accessible. The features included in the public portal are currently available for all newly filed charges and any charges that were filed on or after January 1, 2016 that are currently in investigation or mediation. Continue reading “Equal Employment Opportunity Commission Public Portal”
ew York City has statutes protecting employees from sexual harassment and other offensive conduct in the workplace. Sexual harassment includes sexual remarks, images, jokes, or any other conduct by a co-worker or superior that creates a hostile or intolerable work environment. Most sexual harassment claims are made between female employees regarding the actions of male coworkers or supervisors. However, sexual harassment claims are not limited to acts committed by men against women. In a recent case, according to the New York City Commission on Human Rights, a female chief executive officer (CEO) made inappropriate sexual remarks towards female employees. Continue reading “Sexual Harassment Doesn’t Only Happen Between Males And Females”
Sexual harassment often makes victims feel helpless and alone. Victims will begin to feel powerless, especially if the act happens at their place of employment. There have been many times when a victim of sexual harassment has spoken to another employee and confided in them, and then the other employee tells them there is nothing they can do, and they should just ignore it. No matter where sexual harassment takes place, it is not to be ignored and you should never be silenced. Continue reading “5 Steps to Follow If You Have Been a Victim of Sexual Harassment in Your Workplace”