NYC Employment Law Blog


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 […]

  • Posted on: May 8 2019
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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 […]

  • Posted on: May 8 2019
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Is it worth filing a sexual harassment complaint if the harassment was only verbal?

It is absolutely worthwhile to file a complaint of sexual harassment where the actions creating the harassment are limited to comments, verbal acts. In fact, many of the cases we handle are exactly that nature. They’re comments, statements, unwelcome jokes, epithets things of that nature. All of which are verbal and can create a hostile […]

  • Posted on: May 8 2019
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What happens if I am being sexually harassed but there are no witnesses?

Doesn’t matter if no one has witnessed the sexual harassment. If you’ve been sexually harassed at work, the employer is breaking the law. You have two options. You could go Human Resources to complain about the sexual harassment or you could contact one of the attorneys here at Lipsky Lowe who will advocate for you […]

  • Posted on: May 8 2019
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Debunking Sexual Harassment Myths

  It’s no big deal if a person is harassed; it’s all done in “good fun.” It truly is a myth to think that things that are done jokingly are all in good fun, just one of the guys kind of thing, that’s the way we’ve always done it here, you know, we always joke […]

  • Posted on: May 8 2019
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New Jersey Appellate Division Allows Medical Marijuana Bias Claim To Proceed

The New Jersey Appellate Division recently issued a ruling to the effect that the New Jersey law Against Discrimination (LAD) may require employers to accommodate employees who use medical marijuana under the state’s Compassionate Use Medical Marijuana Act (CUMMA). Given the far reaching effect this ruling could have on employers with drug-testing policies, employers should […]

  • Posted on: Apr 29 2019
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Supreme Court to Decide if Title VII Covers LGBT Discrimination

The United States Supreme Court has agreed to decide whether federal law prohibiting discrimination in the workplace applies to gay and transgender employees. Under Title VII of the Civil Rights Act of 1964, workplace discrimination based on certain protected characteristics, including sex, is prohibited. The overarching issue is whether the term “sex” under Title VII […]

  • Posted on: Apr 26 2019
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New York High Court Upholds “13-Hour Rule” for Home Health Aides

In a highly anticipated ruling, the New York Court of Appeals recently upheld the Department of Labor’s 13-hour rule governing home health aides who work shifts of 24 hours or more. The high court reversed two appellate division rulings overturning the rule, which is seen as a victory for the state’s home health industry. Nonetheless, […]

  • Posted on: Apr 22 2019
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Second Circuit Says ADA Allows for Hostile Workplace Claims

In March, the U.S. Court of Appeals for the Second Circuit ruled that hostile work environment claims are viable under the Americans with Disabilities Act (ADA). The Second Circuit, which had yet to actually rule on the issue, is now in accord with similar rulings by the Fourth, Fifth, Eighth, and Tenth Circuits. While a […]

  • Posted on: Apr 15 2019
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