Queens Employment Law Attorneys Blog | New York City Workplace Discrimination Lawyers

EEOC pursuing genetic information discrimination cases

On behalf of Vincent White of White, Ricotta & Marks, P.C. posted in Workplace Discrimination on Tuesday, May 21, 2013.

The Equal Employment Opportunity Commission has just filed a class action lawsuit under a relatively new law called the Genetic Information Nondiscrimination Act. The law, known as GINA, prohibits employers from using genetic information like family medical histories in hiring and firing decisions. Employers are also banned from using this information for insurance purposes and cannot deny someone coverage or charge them higher premiums because of it.

The class action suit was filed against a New York nursing home that the EEOC says used medical information questionnaires to discriminate against employees with percieved disabilities. They also denied jobs to pregnant women.

Retailer settles race discrimination lawsuit

On behalf of Vincent White of White, Ricotta & Marks, P.C. posted in Workplace Discrimination on Friday, May 17, 2013.

Nationwide retailer Wet Seal has agreed to a settlement of $7.5 million to end a lawsuit brought by a group of African American store mangers who claimed they had been wrongfully terminated based on their race.

The company says that in additon to the settlement they will take steps to make sure that employees are treated equally going forward.

New York firefighter's discrimination suit sent back to trial

On behalf of Vincent White of White, Ricotta & Marks, P.C. posted in Workplace Discrimination on Tuesday, May 14, 2013.

A New York City firefighter's discrimination lawsuit against FDNY has been sent back to trial court, after a federal appeals court judge overturned a Brooklyn judge's finding that there had been discrimination against minority applicants seeking to work for the fire department.

While the court did order a new trial to determine whether discrimination against minority applicants was intentional on the part of the city, they left many of the remedies in place to address the fact that the FDNY is predominantly white.

New York assembly passes gender non-discrimination bill

On behalf of Vincent White of White, Ricotta & Marks, P.C. posted in Workplace Discrimination on Thursday, May 9, 2013.

Lawmakers in New York's capital passed a bill known as the Gender Expression Non-Discrmiination Act (GENDA) which officially protects people from being discriminated against based on their gender identity and expression in the state of New York.

New York has been on the forefront guaranteeing rights to the LGBT community before many other states. This measure was aimed specifically at protecting transgendered employees, who suffer from hiring discrimination, workplace harassment, and wrongful termination because of their gender expression.

New York governor proposes solution to gender discrimination

On behalf of Vincent White of White, Ricotta & Marks, P.C. posted in Workplace Discrimination on Monday, May 6, 2013.

New York Governor Andrew Cuomo appeared before a crowd at a private event recently and had some strong words about gender discrimination in New York workplaces. The governor's proposed legislative agenda is backed by women's advocacy groups and includes a long list of anti-discrimination measures along with proactive legal protections.

The governor also acknowledged an imbalance of gender within his own team of advisors, noting that he would work to correct the fact that his staff is mostly comprised of men.

New York law firm sued over FMLA commentary

On behalf of Vincent White of White, Ricotta & Marks, P.C. posted in Family Medical Leave Act on Friday, May 3, 2013.

The Family Medical Leave Act gives workers in New York and throughout the United States the right to take up to 12 weeks off work, without pay, to deal with a major health concern to care for an ailing family member. The act applies to companies with more than 50 employees. Most workers become eligible for FMLA leave after a year on the job.

Employers are not allowed to retaliate against employees for taking FMLA leave. And, as a recent incident in New York shows, they are probably better off not commenting on it one way or another.

EEOC secures big win for disabled workers

On behalf of Vincent White of White, Ricotta & Marks, P.C. posted in Americans with Disability Act on Friday, May 3, 2013.

In recent news, $240 million will be awarded to 32 former Henry's Turkey Service employees who suffered discrimination, harassment and a hostile work environment in the workplace.

In this employment case, the jury agreed that the 32 men, who suffer from intellectual disabilities, were discriminated against by the company because of their disabilities. In this particular matter, the employees were subjected to a hostile work environment for approximately 20 years.

Should New York ban discrimination against redheads?

On behalf of Vincent White of White, Ricotta & Marks, P.C. posted in Workplace Discrimination on Friday, May 3, 2013.

A recent announcement to the New York City police department came as a surprise to many, when supervisors were expressly warned not to discriminate or allow harassment against red haired employees.

While one police with copper-colored locks told scoffed at the idea that he was a protected class of minoriy, federal officials confirmed that discriminating based on hair color is generally considered illegal. If this seems silly, consider the fact that hair color and skin pigment are also associated with certain racial and ethnic groups, and that federal and state laws ban discrimination on that basis.

Can employers fine unhealthy employees?

On behalf of Vincent White of White, Ricotta & Marks, P.C. posted in Americans with Disability Act on Wednesday, May 1, 2013.

One of the nation's largest drug store chains recently made the news when they announced a program to fine employees $600 if they decide not to participate in their biometric data reporting program. The program is designed to track information about employees in general about weight, body fat, cholesterol, and blood sugar and is a part of a larger effort to emphasize health in the workplace.

The Affordable Care Act allows employers to impose fines on employees who engage in unhealthy behavior or to financially reward those who are particularly healthy. This program and others like it are giving some New York employees pause as they consider the potential reprecussions of sharing such personal data with an employer. There are also some serious concerns that these programs could lead to disability discrimination as employers seek to lower costs by penalizing obesity.

NFL to focus on enforcement for sexual orientation discrimination

On behalf of Vincent White of White, Ricotta & Marks, P.C. posted in Workplace Discrimination on Friday, April 26, 2013.

In an earlier post, we discussed the questions raised by newly recruited players and later New York's Attorney General about the hiring practices of the NFL. According to the concerns raised earlier this year, some players had experienced questioning by recruiters about their sexual orientation and dating history, leading to concerns that the NFL was trying to avoid drafting players who are gay.

The New York Attorney General asked the NFL to address these allegations and prove to fans that they were not engaging in discriminatory hiring practices. While it is not illegal in all 50 states to discriminated based on sexual orientation, it is illegal here in New York and in several other states where the NFL has franchises.

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