Law Blog

Employment DiscriminationFederal, state and local laws prohibit discrimination in the form of any adverse employment action or hostile work environment based upon race, color, creed, color, military status, religion, sex, disability, national origin, age, sexual orientation, predisposing genetic characteristics or marital status.

New York Lawmakers Propose Updates to Discrimination Laws

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New Anti Discrimination Laws Proposed in New York

New York lawmakers have proposed legislation that would expand the protections available to employees under the New York State Human Rights Law (“NYSHRL”). The bill, sponsored by Sen. Alessandra Biaggi and Assemblymember Aravella Simotas, is the bedrock of a package of eleven bills intended to strengthen the state’s anti-discrimination laws.

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321 Hits

EEOC Releases 2018 Fiscal Year Discrimination Charge Data

Discrimination
2018 Discrimination Charge Data Released by EEOC

On Monday, April 10, 2019, The U.S. Equal Employment Opportunity Commission (“EEOC”) released its fiscal year (“FY”) 2018 report concerning discrimination charges. The report shows that the number of discrimination charges filed with the EEOC dropped, with one notable outlier: sexual harassment charges.

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4894 Hits

New Ruling Expands the Age Discrimination in Employment Act to Cover Small Government Employers

Age Discrimination

On November 6, 2018, the U.S. Supreme Court issued a unanimous decision in Mount Lemmon Fire District v. Guido, holding that the Age Discrimination in Employment Act of 1967 (“ADEA”) applies to state and federal government employers regardless of their size. In Mount Lemmon, a small Arizona municipal fire department terminated its two oldest employees, arguing that it was exempt from the requirements of the ADEA because it had fewer than 20 employees. The Supreme Court disagreed and found that all government employers, regardless of size, are subject to the ADEA. The Supreme Court’s opinion focused its analysis on the phrase “also means” as it was used in the statute, finding that the phrase was additive as opposed to clarifying and meant that under the statute “employer” “also means … a State or political subdivision of a State.” As a result of the decision, employees working for state or federal government agencies with less than 20 employees now have protection against discrimination on the basis of age and it is important for such employees to be aware of their new rights and protections.

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762 Hits

Borrelli & Associates negotiates $135K settlement for Age Discrimination and Unpaid Wages

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New York employment law firm, Borrelli and Associates, P.L.L.C represented a client against her employer, an international interior design association, for claims of age discrimination in violation of the Age Discrimination in Employment Act, the New York State Human Rights Law, the New York City Human Rights Law, as well as for claims of unpaid wages in violation of the Fair Labor Standards Act, the New York Labor Law, and the New York Codes, Rules, and Regulations. The client alleged that the company took several adverse actions against our client due to her age in an effort to force her from her employment. Further, the company misclassified her as exempt from federal and state overtime laws and thus cheated her out of her overtime wages. The Firm negotiated a pre-litigation settlement of $135,000.00. Michael J. Borrelli, Alexander T. Coleman, and Jeffrey Maguire handled the matter on behalf of the Firm.

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640 Hits

Job Interview on Your Agenda? Beware of these Questions!

Job Application Process

A job interview is one of the most stressful parts of job hunting. Despite the excitement and opportunity of being offered the job, the initial stages of meeting a potential employer and making a good impression are tough.

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765 Hits

LGBTQ Rights and the Workplace

Title VII protects employees from discrimination in the workplace based on sex, race, national origin, and religion, but it remains unclear what protection from “sex” discrimination really means. As it turns out, this topic is presently being hotly debated, with many calling for the protected class to encompass one’s sexual orientation, rather than just gender. In fact, there is currently a split among circuit courts on whether sexual orientation is protected by Title VII or not. Most recently, in what some are calling a setback for LGBTQ rights, the Supreme Court has decided not to hear a Georgia case, Evans v. Georgia Regional Hospital, in which a woman claims she was harassed and ultimately terminated from her job at a hospital due to the fact that she is a lesbian. “During my term of employment, I endured harassment and denial of equal pay and retaliation simply because of my sexual orientation and lifestyle,” Evans said.

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830 Hits

New York Launches Human Rights Law Ad Campaign

In an effort to spread the word and educate employees about their protections under the city’s Human Rights Law, New York has launched a print advertising campaign concerning the law.

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898 Hits

Protecting Domestic Violence Victims of Discrimination in the Workplace

Domestic violence happens in the home, but it affects every aspect of a victim’s life. This is especially true when it comes to work.

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1019 Hits

Employment and Service Animals

If a person has a disability, he or she might be eligible to bring a service animal into the workplace for assistance and support. Service animals are specially trained dogs that help people with emotional and physical disabilities.

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1315 Hits

Pregnancy and the Workplace

Pregnancy is typically thought of as a happy occasion and telling co-workers you are pregnant might be one of the most exciting things you do after sharing the news with family and friends. Unfortunately for some women, though, the opposite is true. They dread telling their co-workers and employer they are pregnant and even today, live in fear their pregnancy will affect their career.

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1156 Hits

Are You a Victim of Workplace Age Discrimination?

Employees are protected from workplace discrimination based on a variety of factors, including their age. As long as someone is able to perform his or her job duties, laws protect against negative treatment based on age. Age-related discrimination is illegal under the Age Discrimination in Employment Act (“ADEA”).

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1181 Hits

Have You Been Victimized by LGBT Discrimination in the Workplace?

Employment Discrimination is one of the most common issues that arise in the workplace. Most workplaces have a great deal of diversity among co-workers and unfortunately, some employers find it difficult to adhere to the laws that are in place to protect staff.

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1225 Hits

ADA and Obvious Disabilities

The Americans with Disabilities (ADA) law ensures employees are protected in the workplace and accommodated by their employer when they are working with a disability. In most cases, if an employee asks for a certain accommodation, his or her employer is required by law to it. If the employee fails to make a request, an employer is usually not responsible for specific accommodations, though there are instances in which an employer could be responsible for providing an accommodation, even if it was not requested.

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1752 Hits

What You Should Know about Religious Discrimination in the Workplace

Religious freedom is protected under the US Constitution, as well as several state and federal laws that protect against specific actions in the workplace that could constitute religious discrimination. This means that anyone who feels attacked, targeted, or treated differently because of his or her religion has the right to take legal action against his or her employer. If you suspect you are a victim of religious discrimination in the workplace, what do you need to know?

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1498 Hits

Can I Be Fired for Being Too Fat?

Everyone knows there are certain jobs that place value on a person’s appearance. For instance, it would be tough for someone to expect to work as a fitness model if he or she is not fit. When someone is searching for a job that requires a certain lifestyle, expectations related to appearance make sense, but what about regular jobs that have nothing to do with what a person does during his or her non-working hours.

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3247 Hits

Sexual Orientation and Your Job

There are federal and state laws protecting employees from discrimination in the workplace and these laws apply to sexual orientation. No matter what your sexual orientation, you are legally entitled to be protected from harassment or differential treatment. You might be further protected by specific company policies regarding sexual orientation, too.

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2228 Hits

Did a Recent Job Interview Include Any of these Questions? Your Potential Future Employer Just Broke the Law!

If you are a job hunter, you already know how intimidating an experience the interview can be. Answering detailed questions about your work history and professional goals is enough to drive anyone into panic mode.

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2534 Hits

How Can I Prove Age Was the Reason I Wasn’t Hired?

Employment decisions based on a person’s age are illegal. What can you do if you suspect you were turned down for a job because of your age?

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2613 Hits

Pregnant and Harassed: Here’s What to Do!

Pregnancy is supposed to be one of the happiest times in your life, but if your employer is acting out in response to the news of your pregnancy, things can get stressful. If you find yourself in a difficult situation at work because of pregnancy you must do what is necessary to protect your unborn child. If you are threatened or the stress of the workplace is affecting your health; speak with your doctor about what you should do.

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2292 Hits

What are Your Employment Rights as a Service Member?

What are Your Employment Rights as a Service Member?As a member of the United States military, you have earned certain employment rights and job protections not afforded to non-military members. These rights and protections are covered under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The laws within this act were designed to ensure individuals that are called to service do not lose their jobs while serving; and the law prevents discrimination based on past and present military service of applicants and employees.

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2900 Hits

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