The Supreme Court is currently considering a case, Bostock v. Clayton County, which may have an impact on LGBTQ rights across the United States. The plaintiff in the case was allegedly fired from his job after his employer discovered he had joined a baseball team for gay men. This case has become a focus of national attention to see whether the Supreme Court is willing to recognize employment discrimination because of sexual orientation as legally protected in the same way that many other forms of discrimination are. Continue reading “Supreme Court Considers LGBTQ Employment Discrimination Case”
The Constitution of the United States guarantees its citizens the right to freely associate, and to peacefully assemble for political purposes. However, the modern labor union only dates to the 1930s, with the passage of the National Labor Relations Act (NLRA). Until that point, labor unions were made illegal, and were often broken up by police, or sometimes even by the State or National Guard. Moreover, there are still many people who are not allowed to legally unionize, or who have their right to organize significantly restricted. How can this be true? Continue reading “The Right to Unionize”
When people think of employment discrimination, whether based on gender, race, age, sexuality or disability, they usually have a specific picture of what that looks like. They imagine bigoted tirades or inappropriate physical contact, or managers or executives outright declaring their refusal to treat certain kinds of people as equals. That said, with employers now more conscious of lawsuits than ever, discrimination can often take more subtle forms. Continue reading “When Employment Discrimination Gets Sneaky”
Prospective employers, under law, cannot ask a prospective job applicant such questions as “How old are you?” “Aren’t you a little old to apply for this job?” or “What year were you born?” This applies to companies accepting online applications.
Placing a question about the job seeker’s date of birth or year of graduation from college may be illegal because it allows the interviewer to dismiss the applicant on the basis he or she is “too old” or “overqualified.”
Continue reading “The Employees Lawyer Weighs in on Age Discrimination in the Workplace”
ADP Research Institute® announced it recently released the Rethinking Gender Pay Inequity in a More Transparent World study, which found that the pay gap that currently exists between men and women increases when bonus pay is added into the mix.
The study, which followed 11,000 exempt new hires – both male and female – who worked for the same company from the quarter of 2010 to December 2016, found that, on average, men earn $15,000 more in base salary than women do, which is a 17% discrepancy. When bonus pay is included, bonuses for men are 69% greater, widening the overall pay gap to 19%.
Continue reading “Study Shows Gender Pay Gap Widens When Taking Bonus Pay into Account”
According to the Crohn’s & Colitis Foundation of America (CCFA), there will be an estimated 1.6 million new cases of inflammatory bowel disease diagnosed in the United States this year. Inflammatory bowel disease is an umbrella term that refers to intestinal disorders that cause prolonged inflammation that result in anemia, ulcers, diarrhea, bowel obstructions, colon cancer, fistulas, and malnutrition.
The American with Disabilities Act (ADA), prohibits discrimination against individuals with a qualified disability. The ADA applies to employers with 15 or more employees. Federal employees are afforded protections under the Equal Employment Opportunities Commission (EEOC). In addition, the New York Human Rights Law (NYHRL) provides, “It shall be an unlawful discriminatory practice for an employer to refuse to provide reasonable accommodations to the known disabilities of an employee.” (Executive Law 296(3).)
Continue reading “Inflammatory Bowel Disease May Result In Reasonable Accommodations”
Throughout the past few decades, North American society has become diverse. While many employers are able to see the benefits in honing a diversified team, these wide-spread movements towards equality in the workplace are raising concerns about maintaining the status-quo when welcoming LGBTQ employees into their ranks.
If you or someone you know has fallen victim to workplace discrimination based on sexual orientation or sexual identity, it is important to consult a skilled employment law attorney who can fight to enforce the rights you are entitled to. The Employee’s Lawyer™, Steven Mitchell Sack, has successfully handled thousands of employment law cases for more than 38 years and will help guide you through all aspects of employment law. To schedule a consultation, call our office at (917) 371-8000 or fill out his contact form.
Bereavement leave refers to when an employee takes time off of work to grieve and mourn the loss of a spouse, child, or close family member. There are only two states which offer some form of bereavement leave to its workers, which are Oregon and Illinois. However, New York may become the third state to offer a form of bereavement leave.
Continue reading “Paid Bereavement Leave”
Interviewing for a job can be nerve-wracking. While the complexities of the interview process can deter your attention away from essential legal concepts, it is important to be attentive to what the interviewer is asking, especially in a legal sense. Potential employers should understand what they can and cannot ask of an applicant, but some may fail to recognize the severity of asking a discriminatory question. Questions along the following lines should always be avoided:
Continue reading “The Job Interview: Questions that are Necessary and Questions that are Off-limits”
The United States has developed a system of laws and regulations that have contributed to safeguarding an employee’s status in the workplace. These laws protect employees from illegal hiring and firing and allow employees to bring civil cases in court against their employers for unfair labor practices. Federal statutes pertaining to employment law include, but are not limited to:
- Fair Labor Standards Act;
- Family and Medical Leave Act;
- Civil Rights Act of 1964; and
- Americans with Disabilities Act.