Employment Discrimination2018-08-15T10:49:10+00:00

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 leavematernity 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 intimidatinghostile, 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

FREE CONSULTATION
NO FEE UNLESS WE WIN

Queens DoorDash Accident Lawyer

With so many people sheltering in place, it’s no surprise that the food delivery business is booming. Unfortunately, this is causing a huge rise in accidents involving delivery vehicles. If you’re involved in an accident with a DoorDash vehicle, it’s going to require a large amount of investigation and legal expertise to figure out who’s responsible for medical bills, lost earnings and other expenses. DoorDash, Grubhub, Postmates, Uber, Lyft and other “gig economy” companies are trying very hard to avoid financial responsibility, with lawmakers forcing them to do more to protect workers and injured victims. As a result, the laws are constantly changing, making these challenging personal injury lawsuits. That’s why people injured in an accident [...]

Should I Hire A NYC Grubhub Accident Lawyer?

NYC Grubhub Accident Lawyers New York City has become the epicenter of the Covid 19 Pandemic, making going to the grocery store a terrifying prospect. The streets are quiet except for the blaring of ambulance sirens. Food delivery workers are out on the front lines, delivering breakfast, lunch, and dinner to New Yorkers sheltering at home. Grubhub is one of the most popular food delivery services in New York City, and it’s no surprise that a large percentage of traffic accidents involving Grubhub deliveries is rising. Grubhub crash accidents are complicated and the laws are constantly changing. That’s why injured drivers need to hire an experienced NYC Grubhub Accident Lawyer to handle their case. What To [...]

WHAT SHOULD I DO IF I’M INJURED IN A BICYCLE ACCIDENT DURING THE COVID 19 PANDEMIC?

The NYPD is reporting that bicycle accidents are up close to 50% this March. This is because more people are using bikes to get around now that public transportation is so unsafe. There’s no reason to stop biking. In addition to being good exercise, it’s also a social distancing method of transportation. But if you’re going to be riding in NYC during this crisis, you should know what to do if you’re injured in an accident because the usual procedures may not apply. It’s important to speak to a NYC Covid 19 bicycle injuries attorney as soon as possible after your bike accident to get specific advice for your situation. NYC COVID 19 BICYCLE ACCIDENT ATTORNEY [...]

Do I Have The Right NYC Coronavirus Personal Injury Lawyer?

Coronavirus restrictions have shut down physical access to most attorney’s offices,  but that doesn’t have to mean your case is sitting idle in a file cabinet. It does mean it’s important to choose a firm that is prepared to handle both existing and new cases efficiently no matter how long this crisis lasts. Smart attorneys with offices that are paperless, cloud based and equipped with video conferencing technology can still handle your cases successfully. You just need to make sure your case is with a NYC Coronavirus Personal Injury Lawyer that’s up and running. Wittenstein & Wittenstein is the NYC Personal Injury Law Firm that’s been on the forefront of technology for over 60 years - [...]

NEW YORK CORONAVIRUS INJURY LAWYER

The Coronavirus pandemic has changed life as we know it in New York. We’re worried about our health, and the health of our friends and neighbors, doing everything we can to avoid spreading the disease. Some people with sick relatives may be wondering about their legal options if they or a family member contracts the disease. It’s important to know that it’s possible to collect compensation for personal injury or wrongful death from persons or entities that are responsible for the infection. That’s why it’s important to speak to a Coronavirus Injury Lawyer if you believe you or your loved one’s infection could have been prevented. Wittenstein & Wittenstein is a New York Coronavirus Lawyer that’s [...]

COVID 19 CRISIS ANNOUNCEMENT

We are hoping that you and your family are well and managing this crisis smoothly. Please let us know if there is anything at all we can do to help you. Our office is located on the first floor of a townhouse that is accessible without social contact, so we’re planning to remain fully operational throughout this crisis. Don’t hesitate to call on us if you’re in need. Please DO NOT show up at our office without an appointment - we are doing all work remotely at this time. Your Current Cases Are Being Worked On All of the civil courts are currently closed. We are working on rescheduling court appearances, depositions and other important litigation [...]

Load More Posts