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”
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.
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”
Recently, a federal lawsuit was filed against Amazon and T-Mobile, among others, for discriminating against older employees in violation of the Age Discrimination Employment Act (ADEA). According to the complaint, these companies posted recruitment advertisements on Facebook, a social media platform, which targeted only specific age groups.
Continue reading “Age Discrimination Is Illegal”
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”
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.
Continue reading “Hicks v. Tuscaloosa”
Recently, a New York State Court of Appeals restored a gender discrimination case against a wellness clinic. Both defendants were co-owners of the establishment and were husband and wife. The husband had hired the plaintiff in the case as a massage therapist and yoga instructor. The husband acted as the plaintiff’s supervisor and had a professional relationship during her tenure. However, he told Plaintiff that his wife was jealous because she was “too cute.”
Continue reading “Don’t Fire An Employee Because Of A Jealous Spouse”
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.
Continue reading “U.S. Appeals Court Rules That LGBT Workers Are Protected From Bias”
The top executives at The New York Times have come under a multimillion-dollar class action lawsuit for creating “a culture of discrimination” at the company based on age, gender and race. The lawsuit was filed on behalf of two African-American female employees in their 60s who worked in the paper’s advertising department. The two women alleged that they were paid less than younger, white employees and were overlooked for promotions within the Times.
Continue reading “New York Times Top Executives Face Lawsuit For Racial, Age and Sexual Discrimination towards Employees”