NEW YORK CITY
EMPLOYMENT DISCRIMINATION ATTORNEY
The most common form of discrimination happens in the workplace. Sexual harassment is a type of discrimination, where the employer is responsible for creating or allowing a “hostile work environment.” There are civil rights laws against discrimination in any facet of employment, it can be discrimination during the hiring and firing process, but it can also happen during the course of your employment. When you suspect that you are being treated unfairly at work, a call to a New York City Employment Discrimination Attorney will shed light on your rights.
An employer may not discriminate based on the following criteria:
- Age (Over 40)
- Gender
- Race
- Ethnicity
- Skin Color
- National Origin
- Mental or Physical Disability
- Genetic Information
- Relationship to someone who may be discriminated against
- Pregnancy or Parenthood
Some examples are:
- Specifying the above criteria in a job advertisement (Examples: Waitress, Able Bodied, Young Lady, Strong Man, Youthful)
- Excluding potential employees during the recruitment process (Example: Only men were interviewed for a position, even though many women applied.)
- Denying some staff compensation or benefits (Example: The younger employees are given all the overtime.)
- Paying equally-qualified workers, with the same job description and experience, different salaries (Example: The German employees are paid more than the Dutch employees.)
- Discriminating when assigning disability leave, maternity leave, or retirement options (Example: An older worker is given less disability leave, in the hope they will retire.)
- Denying or disrupting the use of company facilities (Example: There are not enough restrooms for women and they have to wait in line.)
- Discrimination when issuing promotions or lay-offs (Example: The French workers are always getting promoted, whereas the British workers are not.)
Sexual Harassment and the Hostile Work Environment
A hostile work environment is an environment that is difficult or uncomfortable for another person to work in due to discrimination. The most common type is sexual harassment which might include fondling, suggestive remarks, sexually-suggestive photos displayed in the workplace, use of sexual language, or off-color jokes. If a co-worker makes an offensive joke once, you report it to your employer, the employer speaks to the co-worker and it never happens again – that is NOT harassment or a hostile work environment. Your employer did that they were supposed to do and succeeded in properly protecting you. If there is an ongoing pattern of harassment, it’s time to call a New York City Employment Discrimination Attorney.
From Wikipedia:
To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to a reasonable person. An employer can be held liable for failing to prevent these workplace conditions, unless it can prove that it attempted to prevent the harassment and that the employee failed to take advantage of existing harassment counter-measures or tools provided by the employer.
A hostile work environment may also be created when management acts in a manner designed to make an employee quit in retaliation for some action. For example, if an employee reported safety violations at work, was injured, attempted to join a union, or reported regulatory violations by management, and management’s response was to harass and pressure the employee to quit. Employers have tried to force employees to quit by imposing unwarranted discipline, reducing hours, cutting wages, or transferring the complaining employee to a distant work location.
The United States Supreme Court stated in Oncale v. Sundowner Offshore Services, Inc.[4] that Title VII is “not a general civility code.” Thus, federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. Rather, the conduct must be so objectively offensive as to alter the conditions of the individual’s employment. The conditions of employment are altered only if the harassment culminates in a tangible employment action or is sufficiently severe or pervasive.
Please New York City Employment Discrimination Attorney, Wittenstein & Wittenstein at 718-261-8114 if you have been a victim of discrimination.
NEW YORK CITY EMPLOYMENT DISCRIMINATION ATTORNEY
Asserting Your Rights In New York State
With Donald Trump and his oligarchs back in power, we are sure to see a reduction in federal rights, including the right to collect compensation from negligent parties for injuries caused by negligence, recklessness, and intentional conduct. It’s no secret that safety measures are expensive and profit-hungry billionaires would rather bank that money than spend it on preventing injuries to people they don’t care about. That said, New York State will continue to provide injured people with access to negligence lawyers Queens who handle cases on contingency fees, so you don’t have to pay a penny upfront for high-quality legal representation. Here’s what you need to know when asserting your rights in New York State. [...]
Attorneys Fighting for Justice
When our country was founded only white, propertied, Protestant men had the right to vote. Much progress has been made to include a much wider range of voters, but many inequities remain. One of those inequities is access to the legal system for middle-class people who cannot afford to pay hundreds of dollars an hour for legal representation. That’s why the best Queens, Brooklyn, and Bronx car accident attorneys represent clients on a contingency fee, so clients don’t have to pay a dime until their case is settled. In this political climate, we can’t take anything for granted as long as cherished rights are being stripped from us regularly by those beholden to the interests [...]
Justice for Hit and Run Victims
One of the most infuriating things life can throw at us is a hit-and-run driver! You’re lying on the ground, or you’re sitting in your damaged car, or you’re trapped under your broken bike, watching the car that hit you drive away! It’s unimaginable, but it happens every day. The good news is that there are plenty of ways for victims of hit-and-run drivers to get justice. The best personal injury attorneys can help you collect money damages for out-of-pocket medical expenses, lost earnings, pain, suffering, and emotional distress even if the culprit is never found. Documenting the Accident Getting a photo of the hit-and-run driver's license plate can help you get car accident compensation [...]
Why Drunk Driving Accident Injuries Are Often Catastrophic
Of the thousands of motor vehicle accidents that happen each year in New York City, the ones that cause the most serious injuries are usually caused by drunk driving. This is because sober drivers that make a mistake are usually able to mitigate the damage, they cause by slamming on the brakes, turning out of the way, or other corrective actions, whereas drunk drivers aren’t able to accomplish this. The best negligence lawyers Queens are well aware of these tragic consequences and can help you understand why drunk driving accidents are so catastrophic. What Alcohol Does to a Driver These are just some of the effects that Queens drunk driving accident attorneys report that makes drunk [...]
Who Is Liable in a Car Accident Involving a Rideshare Service?
Rideshare services like Uber and Lyft have become a popular and convenient transportation option for many. Whether you're commuting or traveling, catching a ride using your smartphone is convenient and economical. However, with the rise in rideshare usage, car accidents have been increasing in New York City. If you’re involved in an accident while using a rideshare service, determining who is liable can be confusing at times. If you were hurt while using a ridesharing vehicle, consulting an experienced car accident lawyer in Queens and Brooklyn can be helpful. Rideshare Drivers are Independent Contractors Rideshare companies classify their drivers as independent contractors rather than employees. This distinction is crucial because it limits the company's liability in [...]
The Importance of Documentation for Personal Injury Claims
A personal injury claim is a civil action that claims that a plaintiff has been “damaged” due to the negligent, reckless or intentional acts of another. In order to successfully prosecute the claim, sufficient evidence must be presented to support this allegation. There are many different types of claims that are handled by a Queens personal injury law firm, each with their own evidentiary requirements. This blog outlines the types of documentation needed for some common types of personal injury claims. Motor Vehicle Accidents Queens pedestrian accident attorneys are well aware of the documentation requirements for pedestrian accidents where the driver leaves the scene. In order to make a claim, these accidents must be reported [...]