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employment discrimination Archives

Employers could be responsible for FMLA mistakes

Employers in New York could create liability for their organizations if written communications contain errors regarding a worker's eligibility under the Family Medical Leave Act. An appeals court ruling allowed one employee's FMLA legal complaint to go to a jury even though the person had not technically qualified for the leave.

Justice Department opposes gay, lesbian civil rights

A former instructor at a skydiving company in New York filed a discrimination lawsuit against the company claiming he was fired because of his sexual orientation. His claim that this falls under sex discrimination as outlined in the Civil Rights Act has been supported by the Equal Employment Opportunity Commission. However, on July 26, the Justice Department informed the appeals court that the law applied to different treatment between men and women and not sexual orientation.

Understanding religious discrimination

Workers in New York are protected by Title VII of the Civil Rights Act of 1964 from religious discrimination in the workplace. Specifically, employers are prohibited from engaging in any discriminatory behavior during the hiring or termination processes and setting conditions and terms of employment based on an individual's religion.

Many workers struggle with wage discrimination

Wage discrimination can be experienced by workers in New York for a number of reasons. While gender is a major example, wage discrimination can be experienced by both women and men. Older workers and workers with disabilities have also reported wage discrimination on the job.

How Title VII and Section 1981 differ

New York employees that are being racially discriminated against at work may have recourse by filing legal claims under either Title VII of the Civil Rights Act or a law known as Section 1981. It is important that individuals understand the similarities and differences between these two laws so that they file their claims under the right one. For example, while both statutes prohibit intentional discrimination, only Title VII bars disparate impact discrimination. This term refers to an employment practice that appears to be neutral but still disproportionately excludes certain protected groups.

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.

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