Twitter is once again facing a major federal lawsuit for alleged employment law violations, this time for potentially violating the Americans with Disabilities Act (ADA). The lawsuit alleges that Elon Musk, the company’s new CEO, violated the law by suddenly requiring all employees to commit to 80-hour work weeks or accept severance, demanding an unreasonable amount of work without any accommodations. The suit also alleges an additional ADA violation by ending Twitter’s work from home policy without adequate explanation or notice. Continue reading “Twitter Faces ADA Woes Due to Changes in Work Policy”
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:
Sexual harassment is a sadly common phenomenon seen in workplaces throughout New York and the rest of the country. Despite how common it is, though, not everyone recognizes sexual harassment when they see it. Here are some of the most common forms of sexual harassment seen in workplace settings:
Anti-discrimination laws like Title VII of the Civil Rights Act and the Americans With Disabilities Act (ADA) exist to help protect against various forms of discrimination, including employment discrimination. But who, exactly, is protected by anti-discrimination laws, and how do you take advantage of these laws if you have been discriminated against? Continue reading “Who is Protected by Anti-Discrimination Law?”
Addiction to opioids is a prevalent problem that affects people from every economic class and social background, and which remains a major public health problem. In addition to issues with physical and psychological health, people who are dealing with opioid addiction often face problems at work when their problems become revealed. To address these issues, the Equal Employment Opportunity Commission (EEOC) has issued guidance to employers and healthcare providers about potential implications of the Americans with Disabilities Act (ADA) on handling employees dealing with current or past opioid addiction. Continue reading “When Are Opioid Users Protected by Anti-Discrimination Law?”
The Supreme Court of the United States has ruled that Title VII of the Civil Rights Act of 1964 protects employees against discrimination based on sexual orientation or gender identity. The unexpected 6-3 decision by the court is considered a major win for LGBT advocates who feared the conservative majority on the court would rule the other way. However, the ruling itself is narrow and applies only to Title VII itself, and future battles likely wait for LGBT people seeking legal protections against discrimination. Continue reading “Supreme Court Rules LGBT Discrimination Violates Title VII”
A federal district court in California has ruled that a former executive for Tinder, the popular dating app, must resolve her sexual assault claim against the company’s CEO in private arbitration. This is in accordance with an arbitration agreement she signed a full year after the alleged assault, which was determined to apply retroactively. The executive claimed the agreement was forced on her to silence her, but the judge determined it was still valid and enforceable. Continue reading “Former Tinder Executive Must Arbitrate Sexual Assault Claim”
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”
Barnes and Noble, the bookstore chain with locations around the country, is facing a possible class action lawsuit from employees who claim they were fired due to their age. The lawsuit, filed in the United States District Court in Northern California, accuses the chain of deliberately purging the company of older workers in an attempt at cutting costs. The lawsuit blames the age discrimination in part on Elliott Management Corp., a hedge fund that took control of Barnes and Noble in August. Continue reading “Lawsuit Claims Barnes and Noble “Purged” Older Workers”
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.