Law Blog

Dealing with Sexual Harassment in a Small Business

Working for a small company has its advantages – things are sometimes more laid back, you feel like a person instead of just a number, and you often form close personal bonds with your co-workers. Unfortunately, there are also drawbacks to working for a small company. In addition to the reduced benefits and lack of opportunity you might encounter, small business culture can be very different from that of a large corporation.

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The Employment Non – Discrimination Act - EDNA

“Prejudice, not being founded on reason, cannot be removed by argument.”- Samuel Johnson

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The Effect of DOMA on Employers

The Defense of Marriage Act (“DOMA”) is the federal law that defined marriage as being solely between a man and woman. On June 26, 2013, the U.S. Supreme Court decided the fate of DOMA in United States v. Windsor. In that case, the Supreme Court held that the provision of DOMA prohibiting the federal government from recognizing same-sex marriages was unconstitutional. Although it is still unknown how the ruling will affect the workplace long-term or how it will affect same-sex couples in states that do not recognize same-sex marriages, the decision has currently resulted in many changes particularly in the way benefits are provided for employees by employers.

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3124 Hits

NYC Considering a Bill that Protects Caregiving Employees

As we know, an employer may not discriminate against an employee for their disability, race, national origin, age or religion in any state under the federal laws. Specifically, in New York City, there are even more statutes that offer additional protection to New York City employees, such as offering protection for unemployment discrimination or offering additional sick pay leave. Currently, New York City is considering an additional basis of protection for discrimination in the workplace: caregiver status. This bill, if passed, would add a person’s caregiver status onto the list of reasons that an employer cannot discriminate against, and it would require employers to make reasonable accommodations to employees with familial obligations.

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3199 Hits

Does the Law Protect Against Discrimination Based on Obesity?

Until recently, lawsuits based upon obesity and weight discrimination had been largely unsuccessful despite the fact that there are many statistics that indicate obese individuals are vulnerable to discrimination based upon their weight as often as individuals are discriminated against based upon their race. Examples of weight discrimination in the workplace include obese employees facing unfair hiring practices, lower wages, harsher discipline and wrongful termination compared to thinner employees.

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3945 Hits

Court of Appeals Rules: there is an “Intimate Association Right in Betrothal” – An Employer Cannot Discriminate Against You or Who You Choose to Marry

Plaintiff Scott Matusick, was employed by the Erie County Water Authority as a dispatcher. Plaintiff, who is white claimed he was assaulted, harassed, and ultimately terminated from his employment because of his romantic relationship with African-American woman, Anita Starks, who he was engaged to.

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7692 Hits

New Rights for New York City’s Pregnant Women

On October 2, 2013, New York City Mayor Bloomberg signed into law the New York City Pregnant Workers Fairness Act, Local Law 78 of 2013 (the “Pregnant Workers Fairness Act,” “Local Law 78,” or the “NYCPWFA”). On September 24, 2013, the New York City Council had approved the Pregnant Workers Fairness Act by a unanimous vote of 47 to zero.

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