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October 2016 Archives

Transgender rights under Title VII decided in court

Transgender employees in New York and elsewhere across the country who have interest in litigation that could potentially impact their rights in the workplace may want to take note of a decision that was handed down on the other side of the country on Oct. 4, 2016. In that decision, the U.S. District Court for the District of Nevada agreed with the position of the Equal Employment Opportunity Commission that Title VII of the Civil Rights Act of 1964 gives transgender employees the right to use bathroom facilities that are consistent with their gender identity.

Discrimination against minorities in the tech industry

People of color who want to work in the tech industry in New York and around the country may face a lot of discrimination. Many tech industry insiders admit that there is a lack of diversity in the industry, and minorities are often discriminated against in recruiting efforts and interviews. Data supports claims of racial discrimination, as major tech companies have very low percentages of nonwhite employees.

What are reasonable workplace accommodations for a disability?

A short time ago, an employee was found drinking a store beverage to help control her diabetes, it was her intention to pay for it after her blood sugar normalized. She was fired - but she filed a claim against her employer and now the employer has to pay for not making a reasonable accommodation for this employee with diabetes.

High numbers of disabled people unemployed

There are a number of reasons that New York companies might want to hire disabled individuals other than avoiding discrimination lawsuits. Considering disabled individuals for positions means a greater focus on hiring the best person for the job. Employee retention may also improve in an inclusive environment. Conversely, when employees suspect discrimination, they may be less likely to trust management.

How workers can use litigation financing

Employees in New York who are experiencing legal issues associated with worker rights might be interested in the trend of litigation financing. This is the practice of having investors fund a lawsuit in exchange for a percentage of the compensation received. Investors tend to only choose lawsuits that they have a great deal of confidence in because if the lawsuit is not successful, the plaintiff does not have to repay the investment. While litigation financing has primarily been used in big commercial cases, experts say that it may become more common in the world of employment law.

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