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
History of Construction Accidents
Sadly, despite efforts to regulate the industry, builders have found it more cost effective to pay fines than to employ safety measures. This has resulted in a history of preventable fatalities on construction sites that is heartbreaking. We learn in school about these great achievements, but little is told of the collateral damage to workers, as a result of an intentional disregard for safety. This trend continues as construction projects continue to ignore safety protocols putting their workers at risk for fatal construction accidents. Until there are criminal penalties imposed on builders, this trend is likely to continue. The history of construction accidents is marred by a lack of concern for worker safety. Construction [...]
10 Laws To Be Thankful For!
10 LAWS TO BE THANKFUL FOR! As Thanksgiving quickly approaches, this is a perfect time to reflect on what we’re thankful for. What better place to start with than the law? There are many laws in effect that we take for granted- many of which plays a huge role in our everyday lives. 1. “Restaurant Culture” - Laws Protecting Us When We Eat Out New Yorkers love eating at new restaurants, food fairs, or from various street vendors. That trust begins with knowing that there are laws in place which require strict adherence, with food safety inspectors on the prowl. Seeing that “A” in the window instills confidence! 2. “GASP - This has high fructose corn [...]
What To Do After A Car Accident in New York?
Accidents can strike with no notice. This blog will help you be prepared if you, or somebody you know, is involved in a car accident. It is very important to know what to do immediately after an accident, and equally important that you hire the best attorneys if you suffer serious injuries in the accident. The very best Queens, Brooklyn, Manhattan and Bronx car accident attorney can make sure that everything is done properly to pursue your claim. What to do after a car accident? Call 911 to report the car accident. Go to the hospital to get checked out. Gain appropriate information from any eyewitnesses at the accident scene. Document the details of the accident [...]
Get Yourself the Best Brooklyn Car Accident Attorney!
Brooklyn has one of the highest rates of accidents in the country, and a higher rate than other parts of New York City. That’s why insurance rates in Brooklyn are higher than in other parts of the City. If you have never been the victim of a crash, it’s easy to assume it will never happen, but it’s much better to be prepared. Having a relationship with a top Brooklyn Traffic Accident Attorney can save you time and money should tragedy strike. There are so many attorneys, why not choose a Brooklyn Car Accident Attorney that’s been getting great results for generations? Having a great attorney by your side is very helpful! You are minding your [...]
Mark Your Calendars – Set Your Timers – Time to Vote!
What New Yorkers Need to Know for The Midterm Elections! The midterm elections are right around the corner - and they may just be the most important midterm elections ever. So much is at stake! The candidates running for election across the country also happen to be the most diverse bunch that the US has ever seen. 272 of the 964 candidates are women, and white men make up only 58% of the candidates running - the lowest in the past four elections. It is of great importance that you go out to vote! Logistics This year’s midterm elections will take place on Tuesday, November 6th. As always, polls around New York City and Long [...]
Is Your Right to Vote Disappearing?
Is Your Right to Vote Disappearing? wittenstein.com has been a little over 50 years since President Lyndon B. Johnson signed the Voting Right Act of 1965 into law. Passed during the Civil Rights era, it sought to remove barriers meant to keep African Americans from voting on election day. These barriers included literacy tests, poll taxes, and intimidation by law enforcement officials. By the end of 1965 a quarter million more African Americans were registered to vote. Since the initial passing, it has been amended a couple of times under various administrations to include other minority groups. With the tidal wave of Conservatism, these laws are being undermined and turned back, corroding the Voting Right Act’s [...]