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
Black History Month Spotlight: Michelle Obama
Black History Month- Recognizing Notable Lawyer: Michelle Obama We’ve seen Michelle Obama poised by Barack Obama’s side during his presidency countless times. Fashionable and statuesque, she handled her position as first lady with a deftness and grace that belied the initial criticism she faced. For eight years, she proudly served as the premiere African-American first lady. There is so much more to know about Michelle Obama - here are some things you might not be aware of: 1. She is one of only three first ladies with a Graduate Degree. After graduating Magna Cum Laude with her Bachelors Degree in Sociology from Princeton University, Michelle Obama went on to receive her Law Degree from Harvard Law [...]
HERE’S WHAT YOU SHOULD DO AFTER A CAR ACCIDENT
Nobody is truly prepared for a car accident. Sometimes it’s just a nuisance fender-bender with property damage, but other times it can be a life-altering event. Usually, it’s someplace in-between. Since accidents are so common in New York City, it’s a good idea to know what to do in case you have a car accident. Wittenstein & Wittenstein is a law firm with accident attorneys in Queens that will answer all your questions after accident. They also share some basic information about what to do. THE FIVE MOST IMPORTANT THINGS TO DO RIGHT AFTER A CAR ACCIDENT Call the police (911). Never make an agreement with the other vehicles to exchange information and handle everything “without [...]
Common Questions after a Truck Accident
Have you ever seen an 18-wheeler, semi-truck, tractor-trailer, or big rig crash into car? Have you ever wondered what would happen if that car was yours and you were driving? The tragedy of such a situation can be mitigated with knowledge about what to do. At NYC truck accident lawyer Wittenstein & Wittenstein we can put your mind at ease and take care of all the details for you, so you can concentrate on getting better. Truck accidents can cause catastrophic injuries, and long-term disability. Victims need an attorney with the experience to properly handle these more complicated claims. There are often multiple defendants, such as drivers, trucking companies, municipalities (for defects on the road) and [...]
Are You Underinsured?
Suppose you were walking on the sidewalk, minding your own business, and an out-of-control car came up onto the sidewalk and knocked you over, causing very serious injuries. You might never be able to work again, and are expecting a large amount of compensation. You’d be very disappointed to find out that the car that hit you only carried the minimum amount of insurance. Someone with a minimum policy in New York would have the following policy limits: Bodily Injury liability coverage: $25,000 per person and $50,000 per accident Property Damage liability coverage: $10,000 per accident Uninsured Bodily Injury coverage: $25,000 per person and $50,000 per accident Personal Injury Protection: $50,000 If you were to [...]
Hidden Injuries After a Car Accident
According to the Association for Safe Road Travel, close to a million and a half people a year are injured in car accidents in the United States. After a car crash, it’s a tremendous relief to realize that you are all in one piece with no catastrophic injuries. If it was a large impact, and parts of your body made contact with the inside of the car, it’s wise to consider that you may have injuries that were not obvious at first. If you have a family personal injury attorney, it’s a good idea to call them for advice on whether you should go to the hospital, how to handle your property damage, the evidence you [...]
Can I Sue for My Back Injuries?
IT'S OFTEN POSSIBLE TO SUE FOR BACK INJURIES If you are wondering "Can I sue for my back injuries,?" the answer, like so many answers in law, is "it depends." When a back injury is caused by the negligent, reckless or intentional acts of another person, it is often possible to make a successful case. If the accident happened at work, you generally cannot sue your employer, but there are exceptions. Let's look at different scenarios where it possible, and not possible, to make a case. HOW SERIOUS IS THE INJURY? It's not possible to bring a lawsuit where the only evidence is subjective complaints of back pain. If you went to the hospital after the [...]