Earlier this week, on Monday, June 24, 2013, the Supreme Court redefined what constitutes a “supervisor” in order for an employer to be vicariously liable under Title VII of the Civil Rights Act of 1964, as amended (“Title VII”) in Vance v. Ball State University, 570 US 1-30 (2013). Vicarious liability is a legal principle […]
Wage and Hour laws exist to ensure that employees receive a fair day’s wage for a fair day’s work, and set standards for how employees should be properly paid so that they are neither overworked nor underpaid. Some job positions, such as those involving volunteer work or internships, are typically unpaid and are therefore not […]
On January 23, 2013, the New York City Council passed an amendment to the New York City Human Rights Law (“NYCHRL”) making it illegal for an employer to discriminate against an individual who is unemployed. On February 22, 2013, Mayor Bloomberg vetoed that amendment after strong protests from employers. However, the City Council overrode the […]
According to the U.S. Department of Labor, the unemployment rate for workers in the United States is 9.1 percent and affects 13.9 million people. These statistics have remained unyielding, but change could now be in the mist. In the last several years of the recession, prospective employees seeking employment have suffered discrimination because of the […]
The New York State Court of Appeals has held that, “animosity on the job is not actionable.” Forrest v. Jewish Guild of the Blind, 3 N.Y. 2d 295 (2004). Simply put, while discrimination has no place in society, it is simply not the law that every dispute or wrongful act that arises in the work-place is […]
The Internet is a revolutionary tool that provides an Employer with a unique new method to evaluate a prospective employee. This freedom to access information through social media and other websites has sparked new lawsuits that are changing the dynamics of Employment Law litigation as it relates to discrimination, retaliation, civil rights and other employee […]
Discrimination in the workplace can take many forms, each one of them unjust and ugly. According to the U.S. law, employment discrimination occurs when an company or its representatives adversely single out employees or applicants based on age, race, gender, sexual orientation, disability, religion or other issues covered by the law. Let’s take a closer […]
In New York, Sexual harassment is one of the most wide-spread forms of work place discrimination. Federal and NY state law makers have provided a remedy in case you have been subjected to such abuse. The laws are clear that unwelcome sexual advances, requests for sexual favors, and any other verbal or physical conduct of […]
According to the New York Whistleblower Laws, a whistleblower is an employee who “tells” on an employer, because he or she is reasonably sure that the employer committed an illegal act. A whistleblower may uncover financial fraud, health mistreatment, environmental violations, or anything else that is against public policy or law. Federal acts and statutes […]
Common knowledge says that older employees have more experience and leadership skills than younger ones. Nevertheless, many employers see older workers as also having more problems with health, taking more time off, and being less active and ambitious. Surveys show that in New York age discrimination begins when job seekers are in their late thirties. […]
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