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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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