Law Blog

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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367 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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6653 Hits

How to Know If You Were Wrongfully Terminated

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Were you Wrongfully Terminated?

Job termination is a fact of life. Employees are let go all the time and in many cases, the reasons for termination are justified.

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525 Hits

New York Adds Gender Expression as Protected Class

Gender
Gender Expression is Protected

On January 15, 2019, the New York State legislature passed the Gender Expression Nondiscrimination Act (“GENDA”) which adds “gender identity and expression” to the protected categories of the New York State Human Rights Law (“NYSHRL”). Currently, the NYSHRL prohibits discrimination based on sex and sexual orientation but courts have not interpreted this category to extend to discrimination based on gender identity or expression. With the passage of GENDA, and pending Governor Cuomo’s expected signature, the NYSHRL will prohibit discrimination based on gender identity and expression, extending significant protections to transgender and gender variant individuals across the state.

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905 Hits

Transgender Rights in the Workplace Under Fire

Gender
Defining “sex” for purposes of Title IX of the Educational Amendments Act of 1972 as meaning a “person’s status as male or female based on immutable biological traits identifiable by or before birth"

Earlier this week, the Trump administration announced that it was considering defining “sex” for purposes of Title IX of the Educational Amendments Act of 1972 as meaning a “person’s status as male or female based on immutable biological traits identifiable by or before birth . . . The sex listed on a person’s birth certificate, as originally issued, shall constitute definitive proof of a person’s sex unless rebutted by reliable genetic evidence.” This would be an effective refusal by the federal government to recognize transgenders as an entity.

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403 Hits

Religious Discrimination in the Workplace: What You Should Know

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Despite efforts to prevent all types of discrimination in the workplace, people are still harassed and abused on a regular basis while working. Discrimination on a religious basis is no exception. Individuals are still treated differently in the workplace because of their religious beliefs and practices, even though the law is supposed to prevent this from happening.

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471 Hits

“Marital Status” Discrimination under the New York City Human Rights Law Expanded by the Appellate Division

marital status

Decisions issued by both federal courts and state courts in New York have recognized that the New York City Human Rights Law (“City HRL”) is far more expansive than other state and federal laws protecting employees from discrimination. The Appellate Division, First Department again affirmed this notion on September 6, 2018 in its recent decision in Morse v. Fidessa Corp.

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1244 Hits

Martinez v. Long Island Railroad Company, and Katherine Meilick, individually Case No.: 1:18-cv-03075

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New Collective Action filed in the Eastern District of New YorkMartinez v. Long Island Railroad Company, and Katherine Meilick, individually Case No.: 1:18-cv-03075

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1201 Hits

Breastfeeding and the Workplace

Breastfeeding

Breastfeeding is a perfectly natural practice for mothers of young children, but the practice tends to raise strong opinions. Unfortunately, this is sometimes the case in the workplace. Though you might assume there wouldn’t be an issue in the workplace unless the child is present to be fed, the truth is mothers must use a breast pump to remove milk even if they are not actively feeding their baby. Mothers have little to no control over the need to pump and employers must act reasonably when it comes to nursing mothers on their staff.

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629 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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859 Hits

Second Circuit Rules that sexual orientation discrimination is illegal under Federal Law

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As we previewed in our earlier post LGBTQ Rights and the Workplace, the Second Circuit Court of Appeals in New York has released its decision in Zarda v. Altitude Express, holding that sexual orientation discrimination is considered sex discrimination under Title VII of the Civil Rights Act of 1964. Sex discrimination is one of the types of discrimination historically barred under Title VII. After a 10-3 vote, Chief Judge Robert Katzmann authored the majority opinion, which gives three separate legal grounds for their holding.

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614 Hits

Help! I’m a Victim of Mental Harassment in the Workplace!

Most people understand that many forms of harassment are illegal in the workplace, but they might not be aware that laws regarding harassment might also apply to the mental or emotional variety.

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7612 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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924 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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1056 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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1356 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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1189 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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1249 Hits

Phyllis Carter v. Cablevision Systems Corp., et al. Case No. 16-cv-08649

New Collective Action filed in the Eastern District of New YorkPhyllis Carter v. Cablevision Systems Corp., et al. Case No. 16-cv-08649

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1352 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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1804 Hits

What Options Do You Have If You are Sexually Harassed on the Job?

Sexual harassment in the workplace is illegal. It is a type of sex discrimination in violation of Title VII of the Civil Rights Act of 1964. It is not something any employee should be forced to accept or tolerate, nor is it a “part of the job” or “the price of getting ahead.”

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1585 Hits

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