New York Employment Lawyer, Steven M. Sack discusses work-related discrimination (on the job, wrongful termination, and more).
Disability discrimination is sadly a common experience in workplaces across the country. While the Americans With Disabilities Act (ADA) is meant to protect disabled workers from discrimination, they nevertheless face hurdles that can make it harder for them to support themselves. Here are five potential signs of disability discrimination you should look out for in your workplace:
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Sexual harassment is a sadly common phenomenon in workplaces across the United States, with more than 25,000 sexual harassment claims reported to the EEOC every year. Unfortunately, however, many time sexual harassment goes unreported and unaddressed, in part because people do not recognize the signs. Here are five signs of sexual harassment you should watch for in the workplace:
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Every year, more than 100,000 people file discrimination claims with the Equal Employment Opportunty Commission (EEOC), the federal authority in charge of investigating workplace discrmination claims. However, this shockingly large number is still thought to include a great deal of underreporting, in part because people do not always recognize when they have been the victim of discrimination. So how do you know if you have been discriminated against at work?
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A surprising number of American workers do not realize they are entitled to family and medical leave under federal law. This law, known as the Family and Medical Leave Act (FMLA), protects many workers by giving them a certain amount of leave every year for family or medical issues. But what is the FMLA, and how does it help employees?
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In the context of employment law, one of the most important legal ideas to understand is that of the “protected class.” This term has been the source of some controversy, but it is essential to understanding how employment discrimination cases work. But what exactly is a protected class, and how do you know if you belong to one? Continue reading “What is a “Protected Class” in Employment Law?”
Congress has successfully passed a law that would make it illegal to enforce mandatory arbitration clauses in employment contracts for sexual harassment and sexual assault cases. This measure, which is expected to be signed into law, is intended to protect employees from being trapped in private arbitration. This, in turn, could help victims of sexual harassment and assault in the workplace to get the justice they deserve.
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A federal court in Ohio has dismissed a motion for summary judgment in a case where a prospective employee was not hired after disclosing he used a prescription opioid painkiller. The case is a sign of the stigma that many people with chronic pain face as they seek employment in their respective fields. However, the plaintiff’s own motion for summary judgment was also defeated, meaning the case may have a long way to go before it is resolved.
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Performance reviews are a regular part of almost every job in existence, with employees evaluated based on their ability to adequately perform their job duties. In theory, these are innocuous, a sensible part of ensuring employees are on task and doing their jobs. In reality, however, performance reviews can be used as a tool to deprive employees of their pay and benefits, and to conceal potentially illegal labor practices. Continue reading “How Do Employers Use Performance Reviews Against Employees?”
The Equal Employment Opportunity Commission (EEOC) has just issued guidance, clarifying that employees can seek a legal remedy in the event they suffer retaliation for reporting COVID-19 related violations. This means that anyone who suffers employment discrimination for reporting employers that violate COVID-19 labor protections can file a complaint with the EEOC or pursue litigation in court, as appropriate. This guidance has upset some employers, who fear a wave of lawsuits for alleged COVID-19 retaliation.
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The New York State Department of Human Rights (NYSDHR) has announced that it has stopped the policy of discontinuing complaints about labor and employment violations after the parties have reached a private settlement. Supporters of the change say that it will help to prevent future labor and employment abuses. However, critics of the new policy say that it will harm people’s ability to obtain private settlements, dragging out cases for months or years and encouraging more employers to go to trial.
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