Category Archives: Discrimination

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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New York City Moves to Protect ‘Black’ Hairstyles in the Workplace

The New York City Commission on Human Rights recently issued guidance warning employers that prohibiting or restricting natural hair styles associated with African-Americans is a form of unlawful racial discrimination under the New York City Human Rights Law.  If you believe you have been treated less favorably than others under an employer’s grooming policy, you […]

  • Posted on: Mar 26 2019
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Can I be fired because of my religious beliefs?

When people hear of discrimination in the workplace, it’s often in the context of race or gender discrimination. Religious discrimination is, however, common – as a recent case in Ventura County California demonstrates. The former director of Ventura County Animal Services claims she was wrongfully terminated in 2018 because she refused repeated and unwanted requests […]

  • Posted on: Mar 5 2019
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New York Lawmakers Extend Legal Protections to Transgender Community

After a protracted legislative battle spanning 16 years, the New York state legislature finally passed a bill legislation protecting transgender individuals from discrimination, the Gender Expression Non-Discrimination Act (GENDA). The measure, first introduced more than a decade ago, had passed the Democrat-controlled assembly numerous times. Prospects for passing GENDA shifted dramatically with the 2018 midterm […]

  • Posted on: Jan 18 2019
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In Focus: Age Discrimination in the Technology Sector

There are two overarching trends in the contemporary workplace, particularly in the technology sector: an influx of new workers (millennials and generation Y candidates), combined with an aging workforce. As such, reports of age discrimination are on the rise, and age-related lawsuits are becoming more common. Don’t be fooled into thinking age discrimination is limited […]

  • Posted on: Jan 15 2019
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In Focus: Wrongful Termination

In New York, people who work hard to make a living are often unaware that they work “at will.” In other words, they can be fired at any time, without good cause, or for any reason at all. Obviously, employees can be fired for legitimate reasons — layoff, poor performance, or violations of company policy. […]

  • Posted on: Jan 8 2019
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In Focus: Nonsexual Harassment in the Workplace

Harassment in the workplace is typically thought of in the context of unwelcome sexual advances, or similar misconduct, by a supervisor or coworker. However, non-sexual discrimination is another form of unlawful discrimination under applicable employment laws. If you have been the victim of non-sexual harassment, it takes a skilled employment discrimination attorney to enforce your […]

  • Posted on: Dec 24 2018
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For Discrimination Claims, the New York City Human Rights Law Has a More Liberal Test For Awarding Punitive Damages, versus Title VII, according to the Second Circuit

On March 16, 2018, the Second Circuit made clear, in Chauca v. Abraham and Park Management Systems, LLC, that Title VII’s standard for assessing punitive damages does not apply to workplace discrimination claims brought under the more liberal New York City Human Rights Law. In reaching this holding, the Second Circuit reversed a lower court’s […]

  • Posted on: Apr 12 2018
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Age Discrimination in the Workplace

How can I prove I was the victim of age discrimination? Americans today are living longer and working longer than ever before. Sadly, older employees continue to face discrimination in the workplace. Age discrimination in the workplace is illegal under the Age Discrimination in Employment Act (ADEA) of 1967, the New York State Human Rights […]

  • Posted on: Mar 23 2018
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New York Protects Transgender

Although neither federal nor New York law expressly prohibits discrimination on the basis of gender identity or expression, the New York State Division of Human Rights issued regulations that will interpret the state’s anti-discrimination prohibitions to cover transgender individuals. These regulations make discrimination or harassment against transgender applicants and employees unlawful, and require employers to […]

  • Posted on: Jan 22 2018
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