The Supreme Court is currently considering a case, Bostock v. Clayton County, which may have an impact on LGBTQ rights across the United States. The plaintiff in the case was allegedly fired from his job after his employer discovered he had joined a baseball team for gay men. This case has become a focus of national attention to see whether the Supreme Court is willing to recognize employment discrimination because of sexual orientation as legally protected in the same way that many other forms of discrimination are. Continue reading “Supreme Court Considers LGBTQ Employment Discrimination Case”
Tag: Employment discrimination
New York Employment Lawyer, Steven Sack, discusses labor issues, including employment discrimination in New York, and how to resolve legal issues in the workplace. Steven Sack,”the employee’s lawyer”, is also the author of The Employee Rights Handbook.
When Employment Discrimination Gets Sneaky
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”
Inflammatory Bowel Disease May Result In Reasonable Accommodations
According to the Crohn’s & Colitis Foundation of America (CCFA), there will be an estimated 1.6 million new cases of inflammatory bowel disease diagnosed in the United States this year. Inflammatory bowel disease is an umbrella term that refers to intestinal disorders that cause prolonged inflammation that result in anemia, ulcers, diarrhea, bowel obstructions, colon cancer, fistulas, and malnutrition.
The American with Disabilities Act (ADA), prohibits discrimination against individuals with a qualified disability. The ADA applies to employers with 15 or more employees. Federal employees are afforded protections under the Equal Employment Opportunities Commission (EEOC). In addition, the New York Human Rights Law (NYHRL) provides, “It shall be an unlawful discriminatory practice for an employer to refuse to provide reasonable accommodations to the known disabilities of an employee.” (Executive Law 296(3).)
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Paid Bereavement Leave
Bereavement leave refers to when an employee takes time off of work to grieve and mourn the loss of a spouse, child, or close family member. There are only two states which offer some form of bereavement leave to its workers, which are Oregon and Illinois. However, New York may become the third state to offer a form of bereavement leave.
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Age Discrimination Is Illegal
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.
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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”
U.S. Appeals Court Rules That LGBT Workers Are Protected From Bias
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.
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Discrimination Lawsuit Filed Against Fiat Chrysler Automobiles
On January 11, 2017, a proposed class action discrimination lawsuit was filed against Fiat Chrysler Automobiles (FCA) in Detroit, Michigan by the company’s former diversity manager Marlin G. Williams. In her discrimination suit, Ms. Williams alleges that FCA’s employee evaluation process impedes the success of African-American employees at a disproportionate rate. This lawsuit has the potential to affect many African-American managers who are subject to an evaluation process. Class-action status is the designation that can be approved by a federal judge if a plaintiff can prove numerous employees were also harmed in the same manner.
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New York State Eases Burden on Hiring Ex-Convicts
On December 21st the Cuomo Administration implemented a new regulation prohibiting insurance companies from refusing coverage for crime-related losses caused by employees. Effective January 1, 2017, the regulation allows businesses to obtain commercial crime coverage after sustaining losses in a situation involving an employee’s dishonesty.
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Discount Store Employee Says Boss’ Violent Temper Caused Her to Suffer from PTSD
A discount store employee from Virginia is seeking $1 million in damages, claiming that she began to suffer from post-traumatic stress disorder (PTSD) after her male boss flew into a rage and began to verbally and physically assault her, according to Courthouse News Service.
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