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employment law Archives

When a single incident creates a hostile workplace

People working in New York may understand how easily a conflict between employees could rise to the level of a hostile workplace. In some cases, this may be true of an employee who has only been involved in a single harassing act as opposed to a pattern of poor behavior. According to the EEOC, harassment is unwelcome conduct that is based on a protected attribute and is a condition of employment.

How a disability may impact a worker's career

The Center for Talent Innovation conducted a survey that shed some light on the realities that disabled workers face on the job in New York and around the country. One of their key findings was that 30 percent of full-time white collar workers with a college degree have a disability. Of those workers, 62 percent have what are referred to as invisible disabilities that cannot be easily spotted by others.

Tips for dealing with workplace harassment

When harassment occurs in New York workplaces, the incidents can create an environment where certain employees no longer feel safe or productive. Even though the vast majority of all workplace harassment incidents are never formally reported, there are things workers and employers can do to start dealing with incidents in an effective manner.

Discrimination against others could be considered evidence

In some cases, it can be difficult to prove that a New York company discriminated against an employee due to the employee's age, race, sex or gender. When it comes to glass ceiling or promotion discrimination cases, how the company treated other employees becomes important when trying to prove that the company actively discriminated against the employee.

Lawsuit against Home Depot alleges disability discrimination

Home Depot, which has locations in New York City, is facing disability discrimination charges after firing a woman instead of allowing her a reasonable workplace accommodation. According to the lawsuit filed on Sept. 28 by the U.S. Equal Employment Opportunity Commission, the woman suffers from fibromyalgia and irritable bowel syndrome and simply needed a short break to attend to her medical needs. Allegedly, her employer refused her that break.

Blacks and Latinos still face hiring discrimination

Many New York residents believe that those who work hard enough can improve their circumstances. However, studies have consistently shown that blacks and Latinos have to work harder to get the same opportunities to get ahead due to a discrimination in hiring practices. Further, the studies show that discrimination in hiring processes based on race is not declining.

6 Plaza Hotel employees claim incessant sexual harassment

Six current and former female workers who were employed at New York's Plaza Hotel filed a lawsuit against the establishment on Aug. 8. They alleged in the court documents that they experienced incessant sexual harassment from senior management and other male hotel workers.

Defining harassment at work

New York employees should understand that there is a difference between being disrespectful and harassing someone in the workplace. It is important that a company's HR department does whatever it takes to create a culture that embraces kindness and respect for everyone. There are a variety of state and federal statutes that treat certain types of harassment as unlawful, and in some cases the legality is based upon the status of the victim.

Constructive dismissal in workplace discrimination cases

Workers in New York and around the country who have been discriminated against due to their race, religion, gender, age or national origin may pursue remedies under Title VII of the 1964 Civil Rights Act. These claims are often made after workers have been fired unfairly, but Title VII cases may also be filed when working conditions are so unbearable that a reasonable person would feel compelled to quit. This was how the Supreme Court defined constructive dismissal in a 2004 lawsuit involving the Pennsylvania State Police, but proving such claims can be challenging for workers.

When gender harassment isn't gender harassment

New York residents may know that sex discrimination in the workplace is banned by Title VII of the Civil Rights Act of 1964. However, it isn't always clear what the definition of sex is under that statute. According to one court ruling from the Northern District of New York, a male police officer who sent text messages to his ex-girlfriend was not harassing her based on sex.

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