One remark is not enough to constitute discrimination. When can you bring an employment discrimination lawsuit based on stray remarks? One comment will almost never, standing alone, make a discrimination lawsuit. Even an extreme statement, such as a racial slur, sexual joke, pornography, or the like is not sufficient to
Extended Leave of Absence May Be a Reasonable Accommodation Under New York City Human Rights Law In LaCourt v. Shenanigans Knits, Ltd., No. 102391/11 (N.Y. Sup. Ct., N.Y. Cty., Nov. 14, 2012), an employee informed her supervisor of her recent breast cancer diagnosis and decision to undergo a double mastectomy.
Disability Discrimination in New York Unlawful Termination – Disability Discrimination EXTENDED LEAVE OF ABSENCE MAY BE A REASONABLE ACCOMMODATION UNDER NEW YORK CITY HUMAN RIGHTS LAW The following post addresses a topic of disability discrimination in New York – whether an extended leave of absence may be considered a reasonable
The Americans with Disabilities Act (ADA) requires employers to engage in an interactive process with a disabled employee to determine whether the employer can provide a reasonable accommodation under the ADA to the disabled employee. A reasonable accommodation under the ADA requires that the employee be able to perform essential
The rules have now changed in discrimination lawsuits and hostile work environments, as proven in Vance v. Ball State University, the US Supreme Court’s workplace discrimination ruling. In a 5-4 outcome, the US Supreme Court altered the landscape in which employees could sue for discrimination and hostile work environments by
Jury Agrees Use of N-Word by Black Employer Creates Hostile Work Environment for Black Employee. ALEX GRANOVSKY APPEARS ON DEALIN’ STRAIGHT RADIO SHOW Brandi Johnson, a 38 year old black woman from New York, was recently awarded a $280,000 verdict in her hostile work environment claim which was heard in
The bona fide occupational qualification (“BFOQ”) is defense that an employer can use to justify intentional discrimination in some circumstances. For example, gender discrimination is illegal. But what about a men’s clothing designer who refuses to hire female models? Is the designer required to hire female models? Of course not.
What is Disability Discrimination in New York? What Laws Apply to Disability Discrimination in New York? If you work in New York, you are protected from disability discrimination at the workplace by both federal and state law – the Americans with Disabilities Act (ADA) and New York State Human Rights
CAN I BE FIRED WHILE I AM ON DISABILITY LEAVE – WHAT’S THE DEAL? Short answer – yes, but…. CAN I BE FIRED WHILE I AM ON DISABILITY LEAVE –BUT I’M ON SHORT TERM/LONG TERM DISABILITY LEAVE? Short and Long Term disabilities are not job protected. But, there are cases
Age discrimination is illegal Federal and state laws protect employees 40 years and older from being terminated (or suffering certain other adverse actions) because of their age. The federal law, the Age Discrimination in Employment Act of 1967, states (in part) that it is “unlawful for an employer…to fail to
