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”
ADP Research Institute® announced it recently released the Rethinking Gender Pay Inequity in a More Transparent World study, which found that the pay gap that currently exists between men and women increases when bonus pay is added into the mix.
The study, which followed 11,000 exempt new hires – both male and female – who worked for the same company from the quarter of 2010 to December 2016, found that, on average, men earn $15,000 more in base salary than women do, which is a 17% discrepancy. When bonus pay is included, bonuses for men are 69% greater, widening the overall pay gap to 19%.
Continue reading “Study Shows Gender Pay Gap Widens When Taking Bonus Pay into Account”
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, there have been multiple accusations of sexual misconduct against some of the world’s most powerful and famous people, including Harvey Weinstein, Louis C.K., and Matt Lauer. These accusations demonstrate instances of sexual misconduct in the workplace where a person of authority uses his or her position to make unwanted sexual advances or sexual requests in exchange for something. Any form of direct or indirect unwelcomed or inappropriate conduct results in a hostile work environment. Some examples of the most common types of sexual misconduct that result in a hostile work environment include:
Continue reading “Sexual Harassment Claims Continue to Accumulate Against the World’s Most Powerful”
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”
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:
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.”
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.