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 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.
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.
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.
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.
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.
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.
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.
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.
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.