Pregnancy can change many aspects of a woman's life, including her job situation. Many women decide to take time off, work different hours or change career paths entirely. The Pregnancy Discrimination Act is designed to protect workers who become pregnant. Employees in New York are protected from unlawful discrimination by both state and federal law.
People in New York might recognize Tesla as a company pursuing the advancement of electric cars, but a string of lawsuits reveals workplaces riddled with alleged discrimination. A new class-action lawsuit claims that racial discrimination was pervasive at a West Coast factory.
Some New Yorkers are subjected to illegal discrimination based on gender in the workplace. In some cases, the jealousy of a spouse that leads to disparate treatment by the members of one gender at a company may constitute illegal discrimination, according to a recent case.
The announcement from the Trump administration ending the Deferred Action for Childhood Arrivals does not enable employers to fire their employees with valid work permits under the program. The Center for American Progress estimates that about 700,000 people hold jobs under the program that protected them from deportation. A ruling in 2015 from a federal judge in the Southern District of New York determined that employers could not discriminate against "all lawfully present aliens." The people who gained work permits through DACA, known as Dreamers, meet this definition.
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.
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.
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.
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.
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.
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.