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November 2013 Archives

Staten Islander files workplace discrimination lawsuit for firing

Under both New York City and state laws, no one can be discriminated against on the basis of sexual orientation. Like race, religion, national origin and a variety of other protected classes, if an employee says that he or she is experiencing workplace discrimination because of his or her sexual orientation, an employer must do what it can to remedy the hostile work environment. Moreover, if an employee reports discrimination, he or she cannot be fired in retaliation. Unfortunately what an employer is supposed to do and what it actually does is not always the same.

Family and Medical Leave Act: granting parental leave

Imagine being told that you must return to work the day after you give birth. Though most people in New York can't imagine an employer saying that, there are no requirements for smaller companies and employers to give their employees any paid or unpaid time off for the birth of a child. According to the Family and Medical Leave Act, only employers with 50 or more employees must give their employees unpaid leave under FMLA. And, yes, you read that right, they are only required to provide unpaid leave.

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