The United States District Court of Maryland has ruled that an employer violated the Americans with Disabilities Act (ADA) when he was dismissed due to vision problems. The vision problems were caused by a benign brain tumor for which the employee was seeking medical treatment. The employer argued the condition didn’t legally constitute a disability. The Equal Employment Opportunity Commission (EEOC) disagreed, and the District Court affirmed the EEOC’s decision. Continue reading “Company Violated ADA By Firing Man With Vision Problems”
Sexual harassment is an unpleasant, but unfortunately common, part of the modern workplace. Men and women alike must deal with coworkers and superiors who do not respect their boundaries and see no problem in using their position to pressure others with improper behavior. However, there are steps you can take if you have been the victim of sexual harassment, and knowing your rights can help protect you, or at least redress the harm you’ve suffered. Continue reading “Five Things to Know About Workplace Sexual Harassment”
The Ninth Circuit of the United States Court of Appeals has affirmed a ruling from the National Labor Relations Board (NLRB) that stated that secondary boycotts are not constitutionally protected as free speech. This follows similar rulings from the DC Circuit and Second Circuit, both of which have also refuted arguments saying that said that secondary boycotts should qualify as free speech. This is seen as a blow to labor organizers, who have long tried to argue for the constitutionality of secondary boycotts, with little success. Continue reading “Federal Appeals Court Permits Ban on Secondary Boycotts”
It is illegal under the New York Human Rights Law for an employer in New York State to discriminate against an employee on the basis of race, sex, creed, color, sexual orientation, national origin, disability, marital status, domestic violence victim status, military status, criminal or arrest record, or predisposing genetic information. It is also illegal to retaliate against an employee for making a complaint, either to their employer or to the government, based on discrimination they experience or observe. However, not all forms of retaliation are easy to spot. Here’s just a handful of ways an employee can be retaliated against by their employer:
Being fired or having pay cut
By far one of the most obvious forms of retaliation, an employer accused of discriminating against their employees may simply decide to get rid of the employee who complained about them. Alternately, they may decide to punish an employee by cutting their pay. Obviously, this can have severe economic consequences, and sometimes simply wielding the threat of a firing or a pay cut can be enough to stifle would-be complainants.
Suffering abuse or harassment
Another of the more obvious forms of retaliation, an employer who is displeased with an employee complaint can simply choose to berate, harass, intimidate, or even assault the complaining employee. While, again, these are all illegal, an employer who is already discriminating against their employees may be willing to commit illegal acts to cover up other illegal acts. The goal in harassing or abusing complainants is to either get them to drop their complaints, or to get them to leave the company on their own volition, which would deprive them of any benefits they might otherwise get for having their job terminated.
Getting passed over for promotions or raises
Just as victims of employment discrimination might find their opportunities for advancement within their company cut off, so too might people who complain about discrimination find themselves unable to get raises or promotions, despite the work they put in or the success they have at their job. It becomes a way of quietly smothering a person out of the job, by making it impossible to advance a career. This can be more difficult to prove as people get passed over for raises and promotions all the time, for reasons that have nothing to do with employee retaliation.
Negative employee reviews
An increasingly common way for employers to retaliate against employees who complain about discrimination is to give them bad performance reviews. Employees who previously excelled in their job may find their reviews becoming worse, even if they haven’t changed anything else about their work habits or attitude. The reviews may say they “don’t take direction well,” or that they’re “not a team player,” or that they “lack emotional intelligence.”
If you have been discriminated against by your employer, or have suffered retaliation for complaining about discrimination by your employer, you seek the guidance of an experienced New York employment lawyer who can protect your legal rights and advocate on your behalf during the legal process. Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with forty years of experience in handling the many aspects of employment law. To schedule an appointment with New York City employment lawyer Steve Mitchell Sack, call (917) 371-8000.
Under federal law, there are two primary kinds of paid workers: employees, and independent contractors. And whether intentionally or accidentally, employers are mixing up the two, to the detriment of their own workers. Being misclassified can have major financial and legal implications to an employee, and it’s important to know what to do if you think you’ve been misclassified. Continue reading “The Scourge of Misclassified Employees”
When people talk about labor law and unionization, one of the arguments that often comes up is about the so-called “right to work.” It’s often brought up as one of the reasons not to unionize, and “right to work” legislation has been passed in many states throughout the country. But what, exactly, is the “right to work,” and why do union organizers hate it so much? Continue reading “What is the “Right to Work?””
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”
When people think about what an employer might examine to evaluate their employees, they think of things like their resume or curriculum vitae, their references, their criminal background check or even how they dress. However, many employers now add an additional step to their employee evaluation process: a credit check. Most people may be surprised to discover an employer can do this, and they’re probably curious as to why. Continue reading “Can My Employer Really Look at My Credit History?”
When you get hired for a job, the terms of your employment are supposed to be laid out for you before you agree to be hired. This includes your benefits, your hours, your vacation and sick days, and of course, your wages. However, not every employer will stick to their end of the bargain. Some will choose not to pay overtime or will refuse to pay for all the hours you worked, or they’ll deny you sick days or vacation days that you’re entitled to. Some will refuse to pay you your last paycheck when you leave, and some may “forget” to pay you at all. Continue reading “The Problem of Wage Theft”
A recent amendment to the New York City Human Rights Law now requires employers to handle employee requests for reasonable accommodations in a specific manner. The New York City Council amended the law, which takes effect on October 15, 2018, in response to employers’ failure to acknowledge and appropriately handle requests for reasonable accommodations by their employees. The amendment requires employers to participate in a cooperative discussion with an employee who needs accommodations for:
Continue reading “Amendment to NYC Human Rights Law For Reasonable Accommodation Requests”