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What types of workplace discrimination are prohibited by law? What types are not?

Federal and New York State and New York City law prohibits discrimination on numerous basis including age, race, national origin, sexual identification, disability, and being a caregiver status. Under Federal, State, and New York City law discrimination only exists if the discriminatory acts are because of a protected status. So if the employers targeting you […]

If I am disabled, is my employer obligated to accommodate me?

Your employer is not required to accommodate your disability. What your employer is required to do is engage in an interactive process with you to see what type of accommodation that they can provide you that will allow you to continue performing your jobs while not create an undue burden for the employer. For example, […]

Number of EEOC Lawsuits Decline While Settlements Increase in 2019

The Equal Employment Opportunity Commission (EEOC) has filed fewer lawsuits at the midpoint of its fiscal year, compared to the same period in FY 2018. At the same time, the settlements obtained thus far have increased by a substantial amount. This comes despite the fact that the EEOC has not had a full panel of […]

Long Island Company Settles Racial Discrimination Lawsuit

West Babylon-based A&F Fire Protection Co. Inc (A&F Fire) recently settled a race discrimination and retaliation lawsuit brought by the Equal Employment Opportunity Commission (EEOC). The company, which designs and installs fire sprinkler systems, has agreed to pay $407,500 to cover lost wages and other damages awarded to a class of black and Hispanic employees. […]

Department of Labor Issues Proposal for Joint Employer Regulation

On April 1, 2019, the Department of Labor (DOL) announced a proposed rule clarifying regulations regarding joint employer status under the Fair Labor Standards Act (FLSA). Some observers believe this is a rollback of regulations that had previously been proposed by the DOL under the Obama administration. In any event, the proposed rule is particularly […]

What constitutes a hostile work environment?

The nature of a hostile work environment under the Federal and New York State Law is that the conduct has to be severe and pervasive, such that a reasonable person would find that their, their work environment has changed, that they’re really having difficulty working in that environment because of the conduct. So depending on […]

What protection is there against retaliation? Could I lose my job if I report it?

If your supervisor is sexually harassing you or you’ve seen a supervisor sexually harassing someone, you are legally protected by going to human resource or complaining to another manager about that sexual harassment. Under federal, New York and New York City law, an employer cannot retaliate against you for having complained about sexual harassment. Retaliation […]

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