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employment discrimination Archives

Age discrimination law celebrates 50th anniversary

In 1967, the Age Discrimination in Employment Act was passed by Congress. The act makes it illegal for companies in New York and around the country to discriminate against people based on their age. Other stated goals of the legislation were to ensure that workers were judged by their ability and to help workers and employers find solutions to issues related to age in the workplace.

After-acquired evidence defenses

New York residents who believe that they have been victims of workplace discrimination and want to file a complaint should be aware that the employer may counter with a variety of defenses. This may include the after-acquired evidence defense, which is any information the employer will find about the employee after he or she has been fired and is the behavior that the employer would have used as cause to terminate the employee even if there had been no discrimination.

Understanding what discrimination looks like

A study released on March 21 found that New York residents and others may be subjected to many different kinds of discrimination. For instance, a gay worker may understand that he or she needs to avoid mentioning a spouse or dress in a way that better conforms to gender stereotypes. Employees may also be deemed less credible than others because of their age, gender or race. In some cases, religious beliefs may play a role in determining credibility at work.

Court rules Title VII protects gay workers

Under the Obama administration, the Equal Employment Opportunity Commission took the position that gender-based protections in Title VII of the Civil Rights Act of 1964 protect gay and lesbian employees in New York and nationwide. On April 4, the U.S. Court of Appeals for the 7th Circuit also came to that conclusion, marking the first time a full federal appellate court took such a stance.

Study finds hiring bias against older Americans

New York job seekers may be interested to learn that some older Americans have trouble getting hired potentially due to age bias. Although there are laws that prevent employers from explicitly discriminating against employees based on age, some companies may attempt to get around this by using certain recruiting tactics.

Dealing with FMLA notification procedures

The Family and Medical Leave Act entitles workers to certain rights when they are granted intermittent leave that employers in New York are obligated to respect. The law also holds employees to certain responsibilities regarding their use of FMLA leave that they must respect as well. These guidelines are important for employees to be aware of because they could affect their access to FMLA leave.

Court rules in favor of plaintiff's estate

New York residents may have heard about a court ruling that allowed the estate of a deceased worker to file an Americans with Disabilities Act (ADA) claim against his employer. The employee worked for a company called Griffin Construction from 2008 to 2013. In 2012, the man was diagnosed with prostate cancer and needed to take three weeks off for radiation treatment.

The increase in workplace disability discrimination claims

New York workers concerned about discrimination in the workplace should be aware of the data that has been released by the Equal Employment Opportunity Commission. According to the EEOC, workplace discrimination claims in 2016 increased, and those related to disability seem to be steadily rising. Over 30 percent of the charges in 2016 pertained to disability discrimination, even though disabled individuals comprise only about 20 percent of the national population and a fraction of the workforce.

Common discrimination claims in 2016

The EEOC says that it obtained $482 million in damages for victims of workplace discrimination during fiscal year 2016. Damages were sought and won for those working in both private and government workplaces at the local, state and federal level, including many in New York. The most common type of case involved employer retaliation against an employee. During 2016, there were 42,018 cases, which made up 45.9 percent of all cases heard during the year.

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