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”
Author: Steven Mitchell Sack
Equal Employment Opportunity Commission Public Portal
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”
Sexual Harassment Doesn’t Only Happen Between Males And Females
New 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”
5 Steps to Follow If You Have Been a Victim of Sexual Harassment in Your Workplace
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”
New York City Safe Time Act
On November 6, 2017, New York City Mayor Bill de Blasio signed the Earned Safe and Sick Time Act (ESSTA) which amends Chapter 8 of Title 20 to the New York City Administrative Code. On May 5, 2018, the new law will take effect that affords leave time to victims and to the family members of victims of family offenses, sexual offenses, stalking, and human trafficking. Continue reading “New York City Safe Time Act”
Seasonal Hires Receive Many of the Same Labor Law Protections
Seasonal employees are typically hired to work on a part-time basis for retailers that need extra help around the holiday season. These seasonal positions are a perfect way to provide employees the opportunity to earn extra income to pay for gifts, meals, and even bills. In addition, already employed workers may have the opportunity to receive a supplemental income, which may help to offset the extra money spent during the holiday seasons. Continue reading “Seasonal Hires Receive Many of the Same Labor Law Protections”
Employers Are Not Allowed To Ask About Past Employment Compensation
On October 31, 2017, a law banning New York City employers from “(1) asking job applicants about their compensation history and (2) relying on a job applicant’s compensation history when making a job offer or negotiating an employment contract, unless freely volunteered by the applicant” took effect. Furthermore, the law also prohibits a potential employer from searching public records in order to obtain a person’s past salary history. A potential employer may only inquire about an applicant’s salary and or benefits expectations, but not history. However, if an applicant freely volunteers his or her past salary, an employer is entitled to verify the information. Continue reading “Employers Are Not Allowed To Ask About Past Employment Compensation”
New York City Human Rights Law
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:
Hicks v. Tuscaloosa
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.
Don’t Fire An Employee Because Of A Jealous Spouse
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”
