For 22 years, the U.S. Equal Employment Opportunity Commission has maintained a policy statement objecting to the use of mandatory arbitration agreements for employment discrimination claims. In December 2019, the agency rescinded its long-standing policy statement in a 2-1 decision. In light of this development, the best way for employees to protect...
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New York Bars Discrimination Based on “Reproductive Health Decision Making”
Employment discrimination based on race, gender, religion, ethnicity, sexual orientation, gender identity and other protected characteristics is prohibited by the New York State Human Rights Law -- the state’s primary employment discrimination law. Workplace discrimination is also barred by the New York Labor Law, however, which has recently been amended to include...
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What You Need to Know About Hairstyle Discrimination in the Workplace
Earlier in 2019, the New York City Commission on Human Rights issued guidance to the effect that prohibiting or restricting a natural African-American hairstyle in the workplace is a form of unlawful racial discrimination under the New York City Human Rights Law (NYCHRL). If your employer has a grooming policy that treats...
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What Is the Worker Adjustment and Retraining Notification Act?
Even with the continued economic expansion and the nation’s unemployment rate at historic lows, it is still common for large corporations to layoff thousands of employees at a time. Losing a job is one of the top ten most stressful experiences for individuals, resulting in financial hardships that can affect the entire...
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Workplace Discrimination and Harassment Protections Expanded in New York
In August 2019, Governor Cuomo signed legislation amending the New York State Human Rights Law (NYSHRL) that essentially strengthens worker protections against discrimination and harassment. Some of the new legal requirements are already in effect and more are on tap for the coming year. The following is a brief discussion of the...
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Is the “OK, Boomer” Meme Ageist?
The OK, Boomer meme has become a popular rant for younger generations (Millennials, Generation X, Generation Y) to blame contemporary social ills, economic uncertainty, and even climate change on the Baby Boomer generation.
The meme, which emanated on the heavily censored social media site “TikTok,” may seem like harmless name-calling. In...
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Can My Employer Discriminate Against Me If I’m Divorced?
Although divorce rates have declined over the past decade, marital breakups are still common. As anyone who has been through a divorce can attest, it reaches every aspect of life; however, divorce should never impact an individual’s ability to secure or retain employment. In fact, discriminating against a divorced woman
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Preventing Harassment at Office Holiday Parties
With the holiday season upon us, many companies will be hosting year-end parties, happy hours, and other events for their staff. While such activities typically happen after hours, it is crucial to remember that employees are still on the clock at seasonal gatherings, and the rules of conduct regarding discrimination and harassment...
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New York DMV Discriminates Against Muslims, Says Employee
A Muslim employee has filed a discrimination complaint against the New York State Department of Motor Vehicles (DMV). The employee claims that his request for an accommodation to participate in religious prayers on Friday afternoons was unfairly denied by the DMV.
The Backdrop
The complaint, filed by the Council on American-Islamic Relations-New...
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New Tip Rules on the Horizon
The U.S. Department of Labor (DOL) recently announced a proposed rule concerning tip provisions under the federal Fair Labor Standards Act (FLSA). This rule applies to employers in the hospitality and restaurant sectors where wage theft has long been a pervasive problem. If you believe your employer has taken improper tip credits,...
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