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employment law Archives

Senior official at EEOC calls age discrimination 'open secret'

Economic news in New York might boast of low unemployment, but older workers continue to face challenges in the workplace or while job hunting. The Age Discrimination in Employment Act officially protects workers over age 40 from unfair treatment, but age discrimination remains a leading cause of complaints filed with the Equal Employment Opportunity Commission. A senior adviser at the organization referred to age discrimination as an "open secret."

Veterans discharged for minor offenses face hiring difficulties

Many New Yorkers like to believe that military veterans are always treated fairly in the workplace. However, veterans who were discharged for minor offenses often have difficulty getting hired. In fact, the problem is so bad that the Connecticut Commission on Human Rights and Opportunities just warned employers not to discriminate against veterans who were discharged for certain reasons.

Many employees do not report sexual harassment

New York employees may be interested to learn that the majority of employees who have experienced sexual harassment at their workplace never reported the incident to their employer. A recent survey asked employees about their history with reporting harassment and whether the issue got resolved.

Restaurant chain settles age discrimination suit

Some New Yorkers who are older than 40 experience age discrimination at their jobs or when they apply for new positions. Discrimination against workers and applicants who are older than 40 based on their ages is prohibited under state and federal law. According to news sources, the Seasons 52 restaurant chain, which is owned by Darden Restaurants, recently settled an age discrimination lawsuit with the Equal Employment Opportunity Commission of almost $3 million for discriminating against older workers at 35 restaurant locations across the country.

Senator from New York supports bill addressing sexual harassment

Senator Kirsten Gillibrand is part of the bipartisan group proposing a bill called Ending Forced Arbitration of Sexual Harassment. It would create a legal limitation on the use of arbitration agreements to cover up allegations of sexual harassment in workplaces. The bill calls for the exclusion of sexual harassment and gender discrimination from the terms of employment agreements that mandate arbitration as the only method for dispute resolution between workers and employers.

Qualifying for FMLA could protect workers from retaliation

Managers and supervisors in New York should avoid criticizing employees for taking time off for medical treatment and recovery. Even if a worker does not officially take a leave under the terms of the Family Medical Leave Act, time off that could have qualified as FMLA leave could still entitle an employee to protection from retaliation or interference.

Native Americans report frequent workplace discrimination

Discrimination can be a major concern for many people in the workplace in New York and across the country. One group that has been impacted by employment discrimination as well as oppression and racism in other areas of life is Native Americans. Discrimination has ranged from overt racially discriminatory practices to actions that impact cultural practices. For example, traditional Native American haircuts have been derided as unprofessional or inappropriate for the workplace. In other cases, negative stereotypes about Native Americans have been used to judge workers for injuries on the job or using sick time.

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.

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