The U.S. Congress is once again considering legislation that would provide stronger legal protections to women who have been subjected to pregnancy discrimination. The stated purpose of the bill, the Pregnant Workers Fairness Act (PWFA), is to eliminate discrimination and ensure reasonable accommodations for women whose ability to perform their...
EEOC Updates Guidance on Religious Discrimination
The Equal Employment Opportunity Commission (EEOC) recently released revisions to its guidance on religious discrimination in the workplace (Guidance). In particular, the revised Guidance reiterates that employers must make reasonable accommodations for an employee’s religious beliefs in accordance with Title VII of the Civil Rights Act of 1964 (Title VII).
What to Do About Discrimination During a Job Interview
A job interview can be nerve-inducing for even the most qualified candidate, but what happens if you are discriminated against during a job interview because of your race, age, sexual orientation, or other illegal reason? While local, state, and federal laws prohibit discrimination during the hiring process, job applicants are often denied...
NYC Probation Department Hit with Racial Discrimination Class-Action Lawsuit
All employees in New York are protected against discrimination under local, state and federal law, including wage discrimination. Now, a federal discrimination class-action lawsuit against the New York City Probation Department indicates that discrimination is not only a problem in the private sector but the public sector as well.
Is Racial Discrimination Pervasive in the High-End Restaurant Industry?
Fast-food workers, line cooks, servers, and other restaurant workers who represent minority communities are at risk of being discriminated against. According to a recent story in the New York Times, racial discrimination is especially pervasive in the high-end restaurant industry, where women of color, in particular, suffer the combined effects of...
New York City Eliminates At-Will Employment For Most Fast-Food Workers
New York City Mayor Bill de Blasio signed into law in January two City Council bills prohibiting fast-food employers from terminating workers or reducing their hours below a certain threshold without just cause, except in certain situations. The new law, which goes into effect on July 4, 2021, redefines the employer-employee relationship...
Use of AI in Hiring Process During the Pandemic Poses Employment Law Risks
Today, more employers are navigating the pandemic by turning to artificial intelligence (A.I.) to recruit and screen job applicants remotely. Employers are well-advised to take a lesson from Amazon.com, however, which reportedly scrapped its A.I. screening tool in 2018 after finding that it discriminated against women.
The Amazon...
Tipped Workers Face Increased Harassment During Pandemic, Study Says
Long before the pandemic, tipped workers in the hospitality industry experienced sexual harassment at a higher rate than workers in other industries. Now, a recent survey reveals tipped service workers in New York have experienced significant unsafe and unfair treatment during the pandemic.
If you have been subjected...
New DOL Rule Expands Tip Pooling to Non-Tipped Workers
On Dec. 22, 2020, the U.S. Department of Labor issued its Final Rule addressing which employees can legally participate in tip pooling under the Fair Labor Standards Act (FLSA).
The rule rolls back an Obama-era regulation that barred tip pooling with back-of-house workers and establishes regulations to enact a...
Can My Employer Terminate Me Based on a False Accusation?
Because New York is an “at-will” employment state, you can be terminated at any time for any reason or no reason at all. But what if your employer terminates you based on a false accusation?
Whether being terminated based on a false accusation constitutes wrongful termination, or whether a...