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
Your Rights After A Bicycle Accident
Cyclists can now count on dedicated bike lanes throughout the five boroughs of New York City, making going for a ride more fun and commuting easier. This is attracting many new bikers to come on board to enjoy the healthy benefits of cycling. Learning how to bike safely in the city is an important step to take before you hit the road, and it’s also a good idea to understand your rights if you are unlucky enough to have a bicycle accident. It’s also good to know that some of the best New York City bicycle accident attorneys offer free consultations to discuss the particulars of your potential case. Insurance Coverage for Bicycle Accident Victims New [...]
3 Top Secrets of Accident Attorneys
You can’t go anywhere these days without seeing giant billboards from Big Box law firms promising “millions of dollars” if you sign up with them. What they don’t want to you to know is that you would never want to trade places with their million-dollar clients whose lives are tragic and nobody would want to be in their shoes. Here’s the truth about accident cases that most Queens car accident attorney don’t want you to know. Policy Limits Reduce Most Settlements Unless you’re suing Elon Musk, the insurance policy limits are all you can collect in most cases. In New York, the minimum policy for passenger cars is $25,000 per person and $50,000 per accident. [...]
What Big Box Law Firms Don’t Tell You
Everywhere you look giant lawyer billboards are shouting about how many millions of dollars they’ve collected. These megalithic firms employ armies of fast-talking guys in cheap suits who promise you a huge amount for signing on the dotted line. After they reel you in, you don’t get to speak to an attorney or even a paralegal as you’re relegated to contact with a case manager. They don’t tell you that they don’t care about your case because they work cases like an assembly line, and don’t give any particular case the personal attention that’s needed to get the highest possible settlement or verdict. The good news is that the best accident attorney in Queens doesn’t [...]
Is Trump Undermining the Rule of Law?
On Day One, President Trump issued an executive order pardoning over 1,500 people who were convicted for their actions on January 6th, 2001. The news was met with rounds of applause by the MAGA base and Trump compared these convicted criminals to the hostages being held by Hamas. Queens accident attorneys and other members of the legal bar are wondering if these actions are undermining the rule of law in the United States. Let’s explore. What Crimes Did the January 6th Defendants Commit? Many of the people freed by Trump’s executive order were found guilty by a jury of their peers for violent acts such as assaulting police officers. Their guilt was clear from videos [...]
Hit and Run – You Have Rights!
One of the biggest fallacies in law is that you’re out of luck if you’re hit by a car that takes off. In New York State you can usually collect up to $50,000 in first-party benefits and additional money damages for pain, suffering, and emotional damage even if the responsible party is never caught. That said, procedures can be finicky and deadlines can be short, so it’s important to speak to hire an experienced Queens and Brooklyn traffic accident attorney as soon as possible. Wittenstein & Wittenstein is the top Forest Hills accident attorney, handling hit-and-run accident cases successfully for over sixty years. Call us at 718-261-8114 for a free consultation. Reporting Requirements In New [...]
Are You Having Trouble Making Ends Meet?
The stock market is going through the roof, companies are showing record profits, and CEO salaries for large companies average over ten million dollars a year. That’s great for billionaires, but the rest of us are having difficulty paying our rent/mortgage and putting healthy food on the table. It’s hard enough when you’re working full-time, but if an accident causes you to accumulate large amounts of out-of-pocket medical expenses and you’re losing time from work, staying above water financially can feel impossible. That’s why it’s important to find out if you’re entitled to monetary damages because your accident was caused by somebody else’s negligence, recklessness, or intentional conduct. Wittenstein & Wittenstein is the Forest Hills [...]