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
How to Avoid Accidents on U-Turns
Driving in cities with heavy traffic is always challenging, so it’s important to always drive defensively and take the road conditions into account. For example, making a U-turn always requires an abundance of caution, but it’s especially dangerous on crowded urban roadways. NYC has many restrictions on making U-turns, so it’s important to make sure that your turn is legal to avoid getting ticketed for a moving violation. The best accident attorney in Forest Hills have put together some tips to help you make safe and legal turns. Wittenstein & Wittenstein is the most trusted Queens accident attorney, serving the community for more than sixty years. Call 718-261-8114 for a free consultation. Follow the Law Always [...]
Common Causes of Injuries at Construction Sites
It’s well established that construction sites are dangerous and that injuries are common, but inquiry into what’s causing these injuries can be helpful in reducing their frequency and severity. The top NYC construction accident lawyers have the experience and know how to assess whether a claim is limited to workers compensation or can be litigated to achieve a much higher amount of compensation. That’s why it’s important to speak to the best Forest Hills personal injury lawyers after a construction accident to make sure that you’re not leaving money on the table. Several factors contribute to the causes of injuries at construction sites. Here are some of the primary causes: Falls: Falls from heights, such [...]
Social Media Do’s and Don’ts for Personal Injury and Car Accident Victims
It can be fun and rewarding to share events in your life with family and friends on social media, but when it comes to personal injury and car accident cases, it's essential to be mindful of your social media activity. That’s why the best accident attorney in Queens always ask clients about their social media posting habits and make suggestions about how to modify their behavior while their personal injury case is pending. What you post online can potentially impact your case, so it's important to know the do's and don'ts. Here are some guidelines from to follow from a the top Queens and Brooklyn personal injury attorney: Do's: Do review your privacy settings: Make [...]
How To Prevent Motorcycle Accidents
Mothers fainting when they find out that their son has purchased a motorcycle have become a cliche for a good reason, motorcycles are the most dangerous form of transportation. No other form of transportation even comes close. According to Statista, these are the death rates per billion passenger miles for each of the following forms of transportation: Motorcycle 212.57 Passenger Vehicle 7.28 Ferry 3.17 Trains .43 Subway/Trolley .24 Bus .11 Plane .07 Motorcycles are so dangerous because they offer little protection from impacts from other vehicles and the road. Helmets are helpful, but cannot prevent all serious head injuries. That’s why Wittenstein & Wittenstein, top accident attorneys in Queens, have put together some tips that [...]
New Speed Camera Initiative To Prevent Worker Deaths
Construction work is well established as the most dangerous of all professions, with deaths and catastrophic injuries exceeding those sustained by police officers, firefighters and roofers combined. In 2022, more than two hundred workers lost their lives in the most hazardous duty of all, construction work on New York’s busy metropolitan highways. Personal injury attorneys in Forest Hills see first-hand how their clients sustain the most serious injuries during construction work and NYC construction accident lawyers can help these injured workers collect the compensation they deserve. The good news is that Governor Hochul has spearheaded the launch of the Automated Work Zone Speed Monitoring Program intended to greatly reduce highway worker casualties in New York. How [...]
What is Compensation for Pain and Suffering?
Most people are aware that accident victims can collect compensation for their pain and suffering and that some people collect millions of dollars for these claims. The important thing to remember is that huge pay-outs for pain and suffering are reserved for people with severe or catastrophic injuries, so their pay out is not something to envy. That said, experienced accident attorneys in Queens can help you collect the largest amount of compensation for pain and suffering that you are entitled to, even if your injuries are not extreme and debilitating. Motor Vehicle Accidents in New York New York is a no-fault state, which means that you are entitled to up to $50,000 in first [...]