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Queens Employment Law Blog

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.

Sexual harassment and discrimination common in tech sector

There is no question that sexism exists in workplaces of all sorts. While it is of course possible for either gender to experience sexism, in today’s society it is widely accepted that women are the gender that faces it most often. One field where women face this is technology. In fact, it may be pushing women away from that field.

This is illustrated by statistics. Despite the fact that the technology industry is growing at a rapid pace, the number of women going into the field is not keeping up. Today, fewer than 20 percent of female undergraduates are graduating with computer science degrees. In comparison, 30 years ago that number was close to 40 percent.

In some circumstances terminated employee can take legal action

While there are of course many people who enjoy their jobs, the reality remains that in most cases having a job is not a choice. Instead it is necessary to make ends meet. Because of this, for most people holding on their job is important and they do everything they can to keep it. At times, despite this they are fired. While most people are employed at will and his or her employer can let someone go either for cause, or just because, there are situations when the termination of employment is illegal.

Do you know what FMLA is and how it could work for you?

Most workers are probably aware of the benefits their employers provide each year such as vacation and sick time. They may be less aware of benefits provided by the federal government that many employers are subject to. A program that fits into that category is the Family Medical Leave Act.

The act makes it necessary for employers to provide employees who fit certain criteria with up to 12 weeks of unpaid leave annually. To qualify an employee must work at a company that employs at least 50 individuals within a 75 geographical radius. In addition, they must have worked at the company for year and put in a minimum of 1,250 hours.

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