<![CDATA[New York Employment Law Blog]]> tag:www.jgoldmanlaw.com,2013-03-21:/blog/67091 2019-08-14T16:33:16Z Movable Type Enterprise <![CDATA[Men and women suffer nearly equal amounts of age bias at work]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3811010 2019-08-14T16:34:16Z 2019-08-14T16:33:16Z New York readers may assume that women are more likely than men to encounter ageism in the workplace. However, according to a new survey by the website Fairgodboss, that's not the case.

In order to learn more about ageism in the American workplace, researchers for Fairgodboss, which caters to professional women, polled 1,000 workers who were age 40 and above. Surprisingly, they found that 72% of respondents had never experienced ageism. However, 13% of male respondents and 12% of female respondents said they believed their age stopped them from landing a job. Meanwhile, 8% of men felt they missed out on promotions due to their age compared to 7% of women. In addition, 12% of men said they had heard co-workers make negative remarks about their age compared to 10% of women.

]]> As for the age at which workers said they started noticing age discrimination, 35% of men and 39% of women said it began before they turned 45 years old. An additional 21% of men and 21% of women said they first noticed ageism between the ages of 45 and 49. The most common types of age-related stereotypes experienced by the survey's participants included not having adequate tech knowledge and skills, being unwilling or unable to learn new skills, not having as much drive or stamina as younger workers, not being as productive as younger workers and being paid too much. Despite this, around 75% of participants said they don't fear being prematurely driven from the workplace due to their age.

Individuals who suffer age-related workplace discrimination might benefit from speaking to an employment law attorney about their situation. After evaluating the case, legal counsel may help file a discrimination claim with the U.S. Equal Employment Opportunity Commission. This action might lead to a settlement that covers lost wages, mental anguish and other related damages.

<![CDATA[Memo from Google employee claims discrimination, retaliation]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3807966 2019-08-08T20:04:11Z 2019-08-08T20:03:11Z Some people in New York may have heard that Google has faced criticism for its handling of sexual harassment in the workplace, which culminated in a walkout in November in protest. The company revised its sexual harassment policies in response, but critics say the system still does not protect employees, and the organizers of the walkout faced retaliation. Google has come under further scrutiny with the posting of a memo by an employee who says she faced pregnancy discrimination and retaliation.

Although Google says it prohibits retaliation and investigates all claims of discrimination, the memo describes an atmosphere in which the system is breaking down. The initial problems faced by the memo writer happened when she reported a manager for disparaging comments about a mother in the workplace. HR failed to protect her from retaliation after making the report, and she was faced with a choice between staying in her situation and switching teams. The latter choice would hamper her career development.

]]> She took it anyway in an effort to escape the retaliatory environment. However, when she had pregnancy-related health problems, her new manager tried to dissuade her from taking early maternity leave. Once again, HR failed to adequately address her complaints.

Unfortunately, as this story illustrates, even when a company has a policy in place regarding harassment and discrimination and an employee follows the proper channels, the system can still fail. While reporting harassment and discrimination at work may still be the best initial step in many cases, employees may also want to consult an attorney to discuss their rights and the additional steps they should take.

<![CDATA[Woman honored for reporting harassment at Coast Guard Academy]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3802290 2019-07-31T17:24:10Z 2019-07-31T17:23:10Z New York employees who report discrimination and harassment in the workplace are not supposed to face retaliation afterwards. Furthermore, employers have an obligation to pursue these complaints in a fair manner. However, this does not always happen even in organizations like the Coast Guard.

A 35-year-old woman was recognized on July 30 as part of National Whistleblower Appreciation Day at the National Whistleblowers Center for her efforts to draw attention to bullying at the Coast Guard Academy. She says that over her four years there, she worked her way up the chain of command to the civil rights reporting process for the Department of Homeland Security about the harassment and discrimination that she faced as a member of the teaching staff starting in 2014.

]]> Over the years, her multiple complaints alleged that her boss engaged in discrimination based partly on sexual orientation, gender and race. Her claims were found to be unsubtantiated although one investigator did conclude that there was a pervasive pattern of harassment. Afterward, she received a poor evaluation performance report. Another academy member later reported bullying and harassment from the same department head. The department head was removed in 2018. The Coast Guard public affairs chief said they apologized several times, but the woman says she never received a written apology from the organization.

People are supposed to be protected in the workplace based on membership in several other classes as well, including religion and national origin. An attorney may be able to advise employees regarding their rights and how to respond if employment discrimination or harassment is occurring. As this case demonstrates, even organizations that have clear procedures for reporting and investigating harassment do not always address these issues adequately. If this happens, the employee may want to file a legal claim.

<![CDATA[Bringing and resolving a wrongful termination claim]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3796441 2019-07-24T21:41:33Z 2019-07-24T21:40:33Z Wrongful termination is a tragedy for many people. As an employee, you are working because you need to earn money to live. Being let go unexpectedly can lead to financial difficulties. When the termination is because you did something that is protected by law, such as filing a report about discrimination, harassment or other illegal activities, things get even more difficult.

It is possible to pursue legal actions against the former employer if wrongful termination was a factor. This is an attempt to pursue back pay and other financial damages that occurred because of the termination. It is imperative that you carefully consider your options when you are in this position because what you decide to do can have a big impact on your future.

]]> Determining the value

There are many things that come into the picture when you are trying to determine the value of your case. One of the primary factors is the lost wages. If you start another job, you can't include lost wages from the job you were terminated from during the period of employment with the new company.

You can also seek compensation for emotional distress and any loss of benefits. Carefully consider what these mean in your case. The emotional distress you claim must be in line with the impacts of the distress. You can't claim exorbitant amounts for this, so be sure you carefully consider how to proceed. The benefits you don't receive can be anything from lost health insurance or premiums paid due to the termination, up to missed stock options. Taking these one item at a time can be beneficial.

Methods of resolution

There are three ways that these cases might be resolved. One is that you might pursue a trial. The others are mediation or arbitration. Your case and the circumstances of your life can help you to determine how you might opt to resolve things. Typically, going through a trial will take longer than using one of the alternative dispute resolution methods.

Many New York employers will opt to use the ADR just to get the case over with as quickly as possible so they are able to move forward with the regular course of business. Just make sure that you don't agree to anything that isn't going to be in your best interests if you have a say in the matter.

<![CDATA[Seeking justice after workplace discrimination]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3796234 2019-07-24T16:34:21Z 2019-07-24T16:33:21Z Despite the passage of civil rights laws and advances in social justice over the years, many workers in New York continue to suffer from discrimination on the job. There are multiple different protected classes under the law. For example, it is unlawful for employers to discriminate against workers based on race, national origin, sex, religion, disability or genetic information. Sex discrimination can also include sexual orientation, gender identity or pregnancy discrimination.

A worker may sue for compensatory and punitive damages if they were the victim of intentional discrimination based on one of these categories. Compensatory damages are designed to make the victim whole. For example, a person fired from their job may need to be replaced in the job or receive back pay and benefits. Other out-of-pocket expenses like medical bills, job search costs or attorney's fees may also be part of a compensatory damages award. Punitive damages, on the other hand, are designed to send a message to an employer engaged in particularly egregious and discriminatory practices.

]]> There are limits to the amount of damages that a plaintiff can recover under the law. While employers with up to 100 employees may only be assessed up to $50,000 in damages, those with more than 500 employees may be assessed up to $300,000 in damages. There are other types of damage calculations used in age discrimination and Equal Pay Act cases.

Someone who has lost out on a job or a promotion due to employment discrimination has remedies under the law. They can consult with an employment law attorney about their options to file a complaint with government agencies or go to court to fight for justice.

<![CDATA[Former Nokia employee makes gender discrimination claim]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3791415 2019-07-17T20:34:07Z 2019-07-17T20:33:07Z Employers in New York state and throughout the country are generally prohibited from making hiring decisions based on gender or age. However, a lawsuit filed by the former in-house attorney for Nokia accuses the tech giant of age and gender discrimination. The plaintiff claims that she was treated differently than male employees while seeking a promotion.

She was first passed over for the role of temporary head of customer operations legal and compliance for North America in 2016. The attorney was later denied an opportunity to fulfill the role permanently because of a lack of managerial experience. However, it says that three men were promoted to management positions despite not having any direct reports. According to the plaintiff, she had direct reports within the company as well as past management experience with other companies.

]]> In August 2018, she filed a complaint with the Equal Employment Opportunity Commission. In October 2018, the woman was terminated by Nokia, and she claims that it was related to her EEOC complaint. Nokia has not commented on the pending lawsuit. The plaintiff's attorney stated that it represented the worst kind of gender discrimination a person could face.

Workers who are passed over for a promotion or other advancement opportunity may be victims of gender discrimination in the workplace. A pattern of choosing employees of one gender over the other for certain positions could be evidence of discrimination. Statements from a manager or the owner of a company could also indicate that a culture of discrimination exists within a given organization. If a claim is successful, an individual may be entitled to compensation for lost wages or other damages related to an employer's illegal activity.

<![CDATA[Over 200 companies join brief supporting LGBTQ worker rights]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3785851 2019-07-08T22:04:15Z 2019-07-08T22:03:15Z While New York has strong job discrimination protections in place for LGBTQ employees, many other states don't offer such protections. However, that could change thanks to three cases headed to the U.S. Supreme Court in October. In advance of those cases, over 200 American corporations have joined an amicus, or friend of the court, brief in support of a federal anti-discrimination law protecting lesbian, gay, bisexual and transgender workers.

The brief, which was issued by a coalition of five LGBTQ civil rights organizations, argues that the U.S. needs a federal rule protecting LGBTQ workers from workplace discrimination based on their sexual orientation and gender identity. The brief claims that company policies and the current "patchwork" of state and local laws don't offer enough protection, particularly when it comes to cross-state mobility issues. Some of America's biggest companies endorsed the brief, including Amazon, American Airlines, Best Buy, Coca-Cola, Domino's Pizza, Facebook, Goldman Sachs, Google, Microsoft, Nike, Starbucks and Walt Disney. In addition, MLB teams the San Francisco Giants and the Tampa Bay Rays also offered their support.

]]> Under the Obama administration, the U.S. Equal Employment Opportunity Commission, or EEOC, took the position that the sex discrimination protections offered under Title VII of the Civil Rights Act of 1964 also extended to LGBTQ workers. However, the Trump administration has taken the opposite stance. Meanwhile, federal appeals courts in Chicago, Cincinnati and New York have recently found that LGBTQ employees are entitled to discrimination protections in the workplace. The three cases headed to the Supreme Court, which originate from New York, Michigan and Georgia, could decide the matter.

LGBTQ workers who experience employment discrimination might find relief by contacting an employment attorney. After reviewing the details of the case, the attorney might recommend the best way to resolve the matter. One possibility may be to file a discrimination complaint with the EEOC.

<![CDATA[Black women more likely than white women to be sexually harassed]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3781201 2019-07-01T16:34:20Z 2019-07-01T16:33:20Z A study that examined complaints of sexual harassment made from 1997 to 2016 indicated that black women may be more likely than white women to face sexual harassment at work. The study found that reports of harassment overall dropped by 40% during the period studied. New York employers are required by law to provide a workplace free of quid pro quo, or hostile work environment sexual harassment, but these remain problems in many companies.

The study looked at data gathered by the Equal Employment Opportunity Commission and made two conclusions. The first was that the number of sexual harassment claims goes up as the unemployment rate increases. The authors of the study said men are more likely to sexually harass others when they feel less secure at work. The increased rate of unemployment may create a greater need to assert strength and dominance.

]]> The second conclusion was that the increased awareness of sexual harassment benefited white women more than women of other races. The study said the racial disparity among sexual harassment victims showed that the harassers are aware of power dynamics and choose to target those who are more vulnerable. The number of sexual harassment claims reported to the EEOC dropped to 9,600 in 2016 from 16,000 in 1997. Reports by white women dropped by 70% while reports by black women dropped by only 38%.

People in New York who have experienced workplace sexual harassment might have legal claims for monetary damages or other relief. An attorney with experience in employment law might examine the facts of a case and put together a case for trial. A lawyer might present the facts of the situation to the employer in a way that moves the case toward settlement or draft and file a complaint for damages in court.

<![CDATA[Help! My boss is stealing my tips!]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3778670 2019-06-26T20:01:35Z 2019-06-26T20:00:35Z If you are a New York City waiter or waitress, you work hard for your money. You depend on your tips to get by and meet your financial obligations.

But if your manager or boss is pocketing some of your hard-earned tip money, it's a real problem that needs to be addressed.

]]> How is the wage theft occurring?

Determining how your money is disappearing is important when you seek to correct the problem. The approach you might take if a co-worker is swiping tip dollars off your customers' tables will be quite different from the way that you will manage wage theft by a boss.

Bosses have a plethora of tactics that they can use to separate you from your hard-earned money. They can subtract a percentage of each tip that's left on customers' credit cards. They can blatantly take money out of tip pools before the wait staff's share is broken down.

A frequent method is to use servers' tips to supplement the paltry salaries of non-tipped employees like busboys, cooks and dishwashers. Instead of paying their employees a living wage from their profits, they expect the wait staff to share tips with them.

Creative deceptions abound

It's amazing how creative shady bosses and restaurant owners can be when devising ways to rip off their wait staff. Some go as far as to create shadow jobs for "employees" who are always on the payroll without ever showing up to do any work. Some of these people may be relatives or friends of the restaurant manager or owner, while others may not exist other than on paper.

How you can get your money back

Your first move is to confront your manager or the restaurant owner. It's still possible that the discrepancies could be attributed to an honest mistake or bookkeeping error. Remain calm and explain that you have noticed that your tips do not reflect the amounts that you should actually be receiving.

This approach does one of two things. If it truly is an error, it gives the manager or owner the opportunity to make things right with you. On the other hand, if your supervisor has been engaged in some deceptive wage theft practices, it puts them on notice that you are aware while still giving them an out. They may decide that it's easier to settle up with you than to potentially have to defend their actions in court or to an agency.

Keep detailed records

If you intend to seek reparation for the wage theft you experienced, you need to have accurate records reflecting the actual tips that your customers left you compared to the amounts that you eventually received.

Strength in numbers

If your concerns about wage theft are not alleviated, you will need to file a complaint with the Wages and Hour Division of the federal Department of Labor (DOL).

Poll your co-workers to find out whether they are also experiencing wage theft and if they will agree to back your efforts to reclaim your tips lost to wage theft. A manager or boss may be more motivated to address the problem if a group of employees seek resolution.

Even if your efforts don't bring about the desired results, you still have the option of filing a lawsuit against your employer for theft of wages.

<![CDATA[EEOC funding insufficient for number of claims]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3777758 2019-06-25T18:04:14Z 2019-06-25T18:03:14Z The Equal Employment Opportunity Commission has been closing more and more employment discrimination cases without investigating them. These uninvestigated, closed cases may be more common now due to a lack of Congressional funding and simultaneous pressure to reduce the backlog of cases. Employees in New York who have experienced discrimination in the workplace might be interested in the ramifications of this trend.

In the years since 2008, the number of claims categorized as lowest priority by the EEOC has doubled. Such a categorization generally means that the agency will not conduct mediation, probes or other efforts in connection with those cases. In 2018, roughly 30% of cases were lowest priority, according to the Center for Public Integrity, which got the data via a public record request.

]]> According to the EEOC, its efforts have been focused on cases where the agency can have the most impact on addressing and reducing workplace discrimination. In 2018, 13% of EEOC discrimination complaints resulted in settlements or another type of relief for the workers involved. For the year 2008, that figure was 18%.

The workforce in the United States has increased by 50% since 1980, but funding for the EEOC has remained flat, with increases in the budget being countered by inflation. In 2018, the EEOC received more than double the number of complaints filed almost 40 years prior, and it had only half the staff.

New York businesses are required to comply with the EEOC and various employment regulations. An attorney who is familiar with employment regulations might be able to help someone who has been discriminated against by examining the facts of the case. The attorney may draft and file legal documents with the EEOC or negotiate with the employer on the worker's behalf.

<![CDATA[NY1 anchors file lawsuit claiming discrimination]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3772694 2019-06-20T18:24:07Z 2019-06-20T18:23:07Z A lawsuit has been filed against New York news station NY1 by five female employees of the company. The suit claims that NY1 has made employment decisions that represent systemic age and gender discrimination. An attorney for the women says that he hopes to hold the company accountable for its actions and put a stop to discrimination against women in the media. According to a spokesperson for the company that owns NY1, the claims have no merit.

Furthermore, the spokesperson said that NY1 provides many opportunities for advancement for women over the age of 40. One of the plaintiffs in the case is the first on-air talent that the station hired. The 61-year-old claims that while her air time has gone down, her 50-year-old male colleague was named the star of a new morning show. She also claims that a new studio was created for the show that is better than the one she broadcasts from.

]]> The lawsuit also mentions that the woman was celebrated by the network during her 20th anniversary there. However, it goes on to state that she was barely acknowledged when she reached her 25th year with the network. The plaintiffs are seeking compensation for a variety of emotional and mental damages as well as an injunction to stop what it sees as illegal activity.

Those who are demoted, terminated, or otherwise treated differently at work because of their physical characteristics may be victims of gender discrimination. Companies that violate employment laws may be required to provide compensation to the victims. People who believe that they have been treated unfairly might want to discuss their situation with an attorney.

<![CDATA[Employee claims he was fired from bank for his sexual orientation]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3765937 2019-06-11T16:24:07Z 2019-06-11T16:23:07Z New York investors may be interested to learn that on June 5, it was reported that a former vice president of Goldman Sachs sued the company for sexual orientation discrimination. According to the former employee, his complaints regarding the discriminatory atmosphere that he experienced while on the job led to his firing.

According the lawsuit filed in New York state court, he was excluded from a conference call by a supervisor because the supervisor stated that he "sounded too gay." In 2018, the former employee had complained to the Employee Relations team that he had experienced incidents of homophobia and sexual orientation discrimination while on the job. After he complained, he alleged that two managers with the company included unwarranted criticisms in his performance review, which were used to create a paper trial prior to his firing. Previously, he had been an employee for eight years with few criticisms during his performance reviews.

]]> The company reportedly began supporting the LGBTQ community in recent years. For example, in 2018, a report showed that 5% of the partners identified as part of the LGBTQ community. The company asks for identifying information regarding applicants' sexual orientation, which can be used to check diversity although it is reportedly removed for hiring purposes. However, the lawsuit claims that these efforts are simply "lip service."

When a person experiences employment discrimination, which can happen during the hiring process or during the course of attempting to move up within the company, the person may find it difficult to continue going to work or climb the ladder in his or her chosen career. When employment discrimination involves an employee's sexual orientation, harassment may create a hostile work environment. An employment law attorney may gather evidence showing that discrimination occurred at the workplace and that it had a detrimental impact on the employee's ability to move within the company.

<![CDATA[Protecting veterans against discrimination at work]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3758755 2019-06-05T16:54:19Z 2019-06-05T16:53:19Z Some people in New York might know that there are laws in place that protect people who may face workplace discrimination on the basis of such characteristics as race or religion. They may be unaware that there are similar laws that protect veterans from discrimination.

The Uniformed Employment and Reemployment Rights Act of 1994 applies to employers of all sizes and bans discrimination on the basis of military service. It also requires employers to allow employees to return to the job they had prior to deployment. If the person was injured while serving, the employer must make accommodations for any disabilities that individual may have upon returning to work. The Veterans' Preference Act of 1944 gives preference to veterans in federal jobs. It also helps protect veterans if layoffs happen. However, it does not apply to private employers.

]]> As is the case with many types of discrimination, prejudice against veterans can be subtle. An example might be asking a veteran whether he or she was treated for PTSD or has been seeing a counselor. Another example might be asking someone in the National Guard if he or she expects to be deployed.

Since discrimination can be so subtle, people who believe that they are facing it in the workplace or during a job search may want to consult an attorney. A lawyer may be able to explain whether the comments or actions constitute discrimination and what the person should do next. For example, people are often advised to document incidents as much as possible. If the discrimination is happening at a place where the person is already employed, an attorney might advise him or her to address the issue first through human resources or other official channels. After that, if the employer is not responsive, a lawyer may assist someone with filing a lawsuit or suggest other action.

<![CDATA[Age discrimination holds back older workers]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3753456 2019-05-29T23:54:20Z 2019-05-29T23:53:20Z Older adults in New York report that they have a difficult time seeking employment or pursuing promotions. While younger workers may be doubtful about the prevalence of age discrimination in the workplace, older people more frequently report that they face unfair treatment or penalties due to their age. Overall, around 50% of Americans said in one study that they believe age discrimination continues to pose a problem on the job. While only 43% of those under 45 agreed with this statement, 60% of those 60 and over said it was true.

This could indicate several issues. In some cases, younger workers may simply be less aware of incidents of age discrimination. Federal law classifies age discrimination as that which affects workers 40 and over, holding them back from hiring, promotion or pay. However, around 75% of adults 60 and over said that their age put them at a disadvantage when looking for a job. About 65% of those aged 45 to 59 also said the same. Around 10% of people aged 60 and up said that they had been specifically passed over for a raise, promotion or other advancement opportunity due to age; a full 20% of those aged 45 to 59 said the same.

]]> This type of workplace discrimination can be particularly harmful to older workers who suffer from layoffs. They may struggle to find new employment that matches their prior jobs in terms of pay, responsibility or opportunities for the future.

Workers continue to face employment discrimination on the basis of multiple pretexts, including race, religion, sex, national origin and age. People who have been fired or rejected from a job for discriminatory reasons may consult with an employment lawyer about their opportunities to seek justice.

<![CDATA[Domestic workers have special protections in New York]]> tag:www.jgoldmanlaw.com,2019:/blog//67091.3752342 2019-05-28T21:11:35Z 2019-05-28T21:10:35Z People who work in the household help industry often aren't protected by mainstream laws, but those who work in New York have special protections. In 2010, the Domestic Workers Bill of Rights was enacted. This provides specific information about various aspects of employment in this industry.

In order to understand exactly what protections are possible, you first have to know what is considered a domestic worker. Generally, the term refers to people who work for a household. This includes:

  • Babysitters
  • Personal caregivers
  • Nannies
  • Housekeepers
]]> It may also include others who regularly work at the home, such as gardeners or landscapers, but only if they are a regular worker there. It doesn't include people who are there for only a one-time job or those who are there only once per month.

Protections for workers

The Domestic Workers Bill of Rights makes it clear that a legal work day is eight hours. It also sets standards for overtime pay. For workers who live in the home, 44 hours per week is the limit. For workers who don't live in the home, 40 hours is the limit. Once the applicable limit is surpassed, the worker is entitled to overtime pay.

Workers are also entitled to one day of rest, which is considered a full 24 hours, when they work seven days. If the worker doesn't take that day off, they are entitled to overtime pay. The bill also encourages them to try to use their day of rest on the day they choose to attend worship services if they do this.

There is also a requirement for paid time off. Each year, the worker gets three paid days off, which much be paid at the regular pay rate for the worker. The requirement begins when the person has worked for the employer for one full year.

Workers must have disability insurance provided by their employers. They also can't be subjected to sexual harassment or discrimination in any form.

Workers can have problems

There are likely going to be instances in which employers try to skirt around these regulations. When domestic workers have problems with an employer who won't follow these laws, they might be able to take legal action. It is important for all domestic workers to understand their rights. Even if you are an undocumented worker, you should still explore your rights in these matters so you know what actions to take.