Tag Archives: employment discrimination

Sexual Harassment Know the Line

New York York Sexual Harassment Attorneys “How are you today?” is a great to hear at the start the day but once  they add the “Sexy” to the end of that they may have just crossed the line into sexual harassment. Sometimes it that slight, but many times sexual harassment is anything but slight and… Read more »

The Roots of Fair Employment Law

New York State’s extensive anti-discrimination Human Rights Law did not spring intact from the minds of New York’s legislators. Instead, it built on existing federal and state laws to become one of the most inclusive, protective anti-discrimination laws in the nation. In 1945, New York’s Ives-Quinn Act — the Law Against Discrimination — became law,… Read more »

Unemployment Discrimination in New York City Today

New York City’s Human Rights Law has long protected against discrimination based on: Race Color Creed Age National origin Alienage Citizenship status Gender Sexual orientation Disability Marital status Partnership status Any lawful source of income Status as a victim of domestic violence Status as a victim of sex offenses or stalking Lawful occupation Family status… Read more »

What Types of Legislation is Enforced by the EEOC?

The Equal Employment Opportunity Commission enforces prohibitions against several categories of employment discrimination. Prohibitions against discrimination based on race, color, sex, religion, national origin, age, disability and genetic information, as well as reprisal for protected activity are derived from the following legislation: Title VII of the Civil Rights Act of 1964 The Equal Pay Act… Read more »

What is a “Ministerial Exception” to Employment Discrimination?

In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the U.S. Supreme Court recognized a ministerial exception to most types of workplace discrimination lawsuits. The case, brought by a parochial school teacher, is one of the most important church-state rulings since 1990. Hosanna-Tabor is a Lutheran school with two types of teachers—those who worked on a… Read more »

EEOC, physical harassment, same-sex harassment, sexual comments, sexual harassment

Extra weight does not affect a person’s intellect, work ethic or professionalism. Yet, overweight workers often face pervasive employment discrimination. Sadly, in many instances, the discrimination is tolerated. Unjustly, the laws offer little recourse. The Obesity Action Coalition (OAC) reports the following: “Unfortunately, weight bias remains very socially acceptable in North American culture; it is… Read more »

Common Sense Says You Should Not Be Judged By Your Weight, But Is it Against the Law?

Extra weight does not affect a person’s intellect, work ethic or professionalism. Yet, overweight workers often face pervasive employment discrimination. Sadly, in many instances, the discrimination is tolerated. Unjustly, the laws offer little recourse. The Obesity Action Coalition (OAC) reports the following: “Unfortunately, weight bias remains very socially acceptable in North American culture; it is… Read more »

Unpaid Interns Work for Free and Are Denied Basic Legal Protections

Unpaid interns receive no income for their work, a fact that is readily apparent by their title. However, most interns probably don’t realize they also receive no protection against employment discrimination. This is because interns are not employees by virtue of their lack of wages. This circular and unfair logic has left the most vulnerable… Read more »

Derek T. Smith Wins Biggest New York Employment Verdict of 2012 For Harassment Case

After enduring years of emotional abuse and discrimination at her job, Mirella Salemi won a 1.6 million dollar lawsuit from her former employer — the largest employment verdict in 2012 in New York, thanks to the representation of New York City Sexual Harassment Attorney Derek T. Smith. For her claims of emotional distress, loss of… Read more »

NYC Federal Court Approves Late Arrival as a Reasonable Accommodation

Reasonable accommodation in the context of employment discrimination against people with disabilities has been a complex and frequently unclear issue. What is reasonable is often a subjective determination that requires a close examination of the facts in every case. There are some general rules that have been applied in the context of reasonable accommodation. For… Read more »

What Relief is Available to Discriminated and Harassed Workers?

What relief is available to victims of sexual harassment or employment discrimination is often the most important issue to workers in New York who have suffered on the job harassment or discrimination. If you have experienced this type of treatment, the semantics and particularities of employment law litigation are probably not very important to you…. Read more »

Are Interns Employees? The Fight in the Second Circuit

The application of many federal, state and local anti-discrimination laws is limited to the employer/employee relationship. This makes distinguishing between employees and those with similar but distinct relationships — like independent contractors — all the more important. With the increased prevalence of both paid and unpaid internships in a challenging job market, whether interns qualify… Read more »

How New York City Protects Workers

Various federal laws — including the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act — prohibit companies engaged in interstate commerce from discriminating or tolerating harassment in the workplace. Most states have similar laws that parallel federal statutes and extend the same or… Read more »

How New York City Protects Workers

Various federal laws — including the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act — prohibit companies engaged in interstate commerce from discriminating or tolerating harassment in the workplace. Most states have similar laws that parallel federal statutes and extend the same or… Read more »

What Does the Federal GINA Law Do?

The Genetic Information Nondiscrimination Act, or GINA, represents the latest addition of the types of employment discrimination protections available under federal law. This law prevents employers, among others, from discriminating against individuals in hiring, firing or the terms or conditions of employment based upon a genetic predisposition to certain health conditions. Congress passed the Genetic… Read more »

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