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.
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”
In 2016, New York City’s Commission on Human Rights experienced a sixty percent increase in complaints relating to discrimination and harassment.
The New York City Human Rights Law is a statute that provides an individual with protections in addition to federal and state regulations. It addresses discrimination in the workplace, housing complexes, public spaces, harassment by law enforcement, and retaliation. Furthermore, it covers employment discrimination against all New York City workers and even interns. Also, it establishes protected classes, which include:
The Pregnancy Discrimination Act (PDA) was put in place to prevent discrimination against a woman for being pregnant. The PDA states that there can be no discrimination “on the basis of pregnancy, childbirth, or related medical conditions.” Related medical conditions are used as an overreaching term and therefore includes the issues that come with breastfeeding, as it is intrinsically intertwined with pregnancy. Stephanie Hicks, the plaintiff in Hicks v. Tuscaloosa case, was denied accommodations because of her pregnancy-related medical condition and ultimately resigned from her position.
Recently, the 7th Circuit Court of Appeals in Chicago ruled that a civil rights law from 1964 protects lesbian, gay, bisexual and transgender (LGBT) employees from workplace discrimination. The 8-3 decision is the first ruling by the federal appeals court to recognize that law as protecting the rights of LGBT individuals in the workplace.
On January 11, 2017, a proposed class action discrimination lawsuit was filed against Fiat Chrysler Automobiles (FCA) in Detroit, Michigan by the company’s former diversity manager Marlin G. Williams. In her discrimination suit, Ms. Williams alleges that FCA’s employee evaluation process impedes the success of African-American employees at a disproportionate rate. This lawsuit has the potential to affect many African-American managers who are subject to an evaluation process. Class-action status is the designation that can be approved by a federal judge if a plaintiff can prove numerous employees were also harmed in the same manner.
Employers can face serious legal consequences when they retaliate against whistleblowers. A whistleblower is an employee who voices a complaint about a company’s misconduct, such as filing complaints about safety and health code violations, shareholder fraud, mismanagement of fiances or other illegal activity. Additionally, employees who make initial complaints, those that follow up on those concerns or give information to investigators are also considered whistleblowers. Whistleblowers are protected against retaliation by their employers and companies under both federal and state laws.
Law360 recently reported that The Department of Justice is proposing a new rule that would implement changes to the Immigration and Nationality Act, including how certain terms would be defined in regards to the so-called “unfair, immigration-related employment practices” based on the employee’s immigration status or nation of origin. Continue reading “New Proposal from DOJ Seeks to Reduce Employment Discrimination against Immigrants”