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June 2017 Archives

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.

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.

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.

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