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Queens Employment Law Blog

What reasonable accommodations is my employer required to make?

The federal Americans with Disabilities Act protects private and public employees from being discriminated against in the workplace based on a known disability. It not only makes disability discrimination illegal, but it also includes an express requirement that employers make reasonable accommodations for workers with disabilities. 

Okay, so employers are required to make reasonable accommodations. But what are reasonable accommodations and for whom exactly do they have to be made? Let's turn to the U.S. Equal Employment Opportunity Commission for answers the agency's these questions.

Sandwich shop requires employees sign non-compete agreement

For many people who are starting a new job, before signing a non-compete contract, they call in a lawyer to go through it with them to determine the impact the contract could have in the future and whether it is advisable to sign it. After identifying undesirable provisions an attorney may be able to help to negotiate better terms. While this may be standard procedure for an executive in a white collar job, it is likely the last thing on the mind of individuals hired to make sandwiches. 

Judge awards $2M to man who was bullied in workplace

While in some circumstances a worker may run into one instance of illegal treatment at his or her place of employment, in other situations the matter may be more convoluted and involved multiple instances. This was the situation in an employment case that was recently resolved. Though this case took place in another state, it is possible that workers in the New York City area could face the same issues.

Were you the victim of wrongful termination?

Readers are probably aware that in most cases they can leave their job for any reason, at any time. Likewise, most employers can let someone go in the same fashion. That said, there are a few situations where a business terminating the employment of another is actually against the law. If you feel that you have lost your job due to one of these illegal factors, you may have the basis for a wrongful termination lawsuit.

Individuals who pursue this course of action could receive multiple types of damages. These include injunctive relief, reinstatement, promotion and if necessary, reasonable accommodations. In additional monetary relief could be granted in the form of compensatory damages, front pay, back day and punitive damages. In addition, Attorney’s fees could be covered.

How to handle genetic testing results in your workplace

In an article found on our website we discussed the Genetic Information Nondiscrimination Act. Also referred to as GINA, this federal law makes it illegal for an employer to discriminate against employee because of genetic information. As is the case with other protected classes an employer cannot discriminate against an employee regarding promotions, salary or wages, eligibility for benefits, training opportunities, job responsibilities, layoffs, firing or hiring.

Restaurant workers often the victim of sexual harassment

There is no question that sexual harassment occurs at a variety of workplace settings. A recent study shines light on one industry that is particularly bad for women. According to the study many women who work in restaurants face sexual harassment from a variety of sources.

It is not just managers and coworkers who subject the women to the behavior. Customers are also sometimes the perpetrators.

The sexual harassment experienced by restaurant workers—both women as well as men—takes many forms including:

  • Comments.
  • Groping.
  • Explicit advances.
  • Sexual jokes.

EEOC files lawsuit against pizza chain alleging violation of ADA

In a recent post we wrote about some of the ways in which the Americans with Disabilities Act protects disabled individuals regarding employment matters. In that post we wrote that under the act an employer has to take steps to reasonably accommodate an employee’s disability. A lawsuit recently filed by the U.S. Equal Employment Opportunity Commission against a pizza chain with locations throughout the nation, including New York, alleges that an accommodation was not made.

Woman believes report of sexual harassment led to firing

Most individuals who reside in the United States have certain expectations regarding the way in which they will be treated while working. This includes not being sexually harassed. In addition to making a workplace an uncomfortable place to be--and likely having a negative impact on the amount and quality of work being accomplished--it is also illegal. Despite this, workers throughout the state of New York still must face actions that constitute sexual harassment. When this occurs, a victim may decide to take legal action. 

How the ADA protects disabled workers

Many disabled individuals who are able to work are protected by the Americans with Disabilities Act. This act protects the workers who have a mental or physical impairment that substantially limits a major life activity, from discrimination in the course of their employment. Those protections extend not only to their actual job but also matters in relation to recruiting and hiring as well.

Under the ADA an employer must reasonably accommodate a disabled employee or potential employee’s disability so long as that accommodation would not cause the employer undue hardship. This accommodation may take many forms.

Study finds critical feedback more prevalent in women's reviews

Discrimination based upon one’s gender is an issue in workplaces throughout the nation. While it can impact men as well as women, most often women are in the receiving end of it. Women who face gender discrimination know it can take many forms including:

  • The failure to be hired.
  • The failure to be promoted.
  • Unfair firings.
  • Being paid less than men doing the same job.

While there are likely many reasons individuals might give for firing, not hiring, not promoting or not paying a woman the same as a man, the way they are perceived could play a role. A study that explored this matter was recently conducted.

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