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March 2016 Archives

EEOC seeks federal sexual orientation discrimination protection

Employees in New York have numerous legal measures in place to protect them from being mistreated on the job. However, there are legal limitations that leave certain workers vulnerable to actions like retaliation, discrimination and harassment.

What is at-will employment?

Employees in New York are generally categorized as at-will employees. This means that a person can be hired or fired for any reason. However, there are some important exceptions to at-will employment of which employees across the state should be aware.

Is My Job Protected While I am Out of Work on a Medical Leave of Absence?

If you suffer from a disability or serious health condition that requires you to take time off work, a few different laws may protect your job during your medical leave of absence. Your job may be protected by the Family and Medical Leave Act (FMLA) and/or federal, state, and city disability discrimination laws. Each of these laws provide different protections and operate separate and apart from each other, so even if the FMLA doesn't protect your job, the disability discrimination laws may.

Discrimination on the job has a serious, long-lasting impact

There is no doubt that racial discrimination is a troubling and pervasive problem across the U.S. We read about discrimination in law enforcement, politics and education. Unfortunately, we also see discrimination in the workplace.

3 examples of FMLA violations to watch out for

If you need to take time away from your job to have a child or care for yourself or a loved one with a medical condition, you likely want to do so with an understanding of what protections you have in place. Will you have a job when you return? How much time will you be allowed to take? Will you be paid during this time?

Should my employer be giving me a meal break during work?

New York employers are expected to know and comply with wage and hour laws that dictate how and when their employees should be compensated. These rules are strictly enforced, but there are some parties that do not follow them and hope they can get away by taking advantage of employees who are not as familiar with wage and hour laws

Pregnant? Don't forget to tell your boss

Finding out you are pregnant can be an overwhelming experience for any woman. Immediately, you can feel a rush of emotions from excitement and joy to fear and anxiety. These and countless other emotions will ebb and flow as your pregnancy progresses.

Reporting sexual harassment doesn't just help the victim

Readers of this blog may be familiar with the lawsuit filed by sportscaster Erin Andrews after being stalked and recorded without her knowledge in a hotel room. Years after the incident, Andrews finally received some good news when a jury awarded her $55 million in damages, to be paid by the hotel where the incident occurred and the man who recorded her.

What was the most common charge of discrimination filed in 2015?

Every employee and employer in New York City should understand that the law prohibits discrimination in the workplace. Unfortunately, these laws haven't stopped employers from demoting, harassing or otherwise mistreating employees on the job because of certain characteristics.

Are you being sexually harassed at work?

There are several types of harassment that one may encounter in the workplace. Among the most pernicious is sexual harassment. Sexual harassment is defined as unfavorable treatment in the workplace based on the person's sex or gender. This type of behavior is prohibited by federal law, New York State Human Rights Law, and the New York City Human Rights Law.

Men face sexual harassment in the workplace too

When most people think of a sexual harassment lawsuit, they typically envision a female plaintiff who has been harassed by their employer or fellow colleagues. Although a vast majority of sexual harassment cases are filed by women, nearly 80 percent according to the Association of Women for Action and Research, men are not immune to this form of harassment either.

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