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Queens Employment Law Blog

Woman succeeds in ADA claim against Wal-Mart concerning drug test

Many workers are probably aware that they cannot be discriminated against in the workplace because of their disability. They may not be aware however that those protections extend to potential employers. In other words, a disabled person cannot be discriminated on the basis of his or her disability during the hiring process either.

When this happens a potential employee can take legal action against the employer that did not hire him or her. A federal disability discrimination lawsuit against Wal-Mart Stores East, L.P., illustrates how such a case may turn out.

Migraines and the ADA

When most people think about the conditions that the Americans with Disabilities Act applies to, it is likely that the disabilities that come to mind are physical conditions. Of course the reality is that many different types of disabilities could be covered under the act. One of those disabilities could be migraine headaches.

Under the ADA a disability is considered to be a physical or mental impairment that limits in a substantial manner, at least one major life activity, such as working.

Pregnant women have protections in the workplace

For many women, being pregnant is a dream come true. In some cases in can feel as though nothing can bring them down. Unfortunately, this feeling can quickly be squelched when an employer does not respond well to the pregnancy and discriminates against her because of it. This happens even though the practice is illegal under the Pregnancy Discrimination Act.

Because pregnancy discrimination is forbidden under the PDA, a worker who feels that she has experienced discrimination as a result of her pregnancy could take legal action against her employer. Since this is usually a complicated process it is advisable to work with a lawyer in the matter.

Employer health screening prompts EEOC challenge

Wellness programs are now commonplace in companies throughout the nation. In most cases employees are asked to submit to screenings of various health measures including body-mass index and cholesterol, in exchange for a financial incentive. Recently, the Equal Employment Opportunity Commission took action against a United State’s business on the basis that the program discriminates against employees.

In this case, workers who declined to participate allegedly might face surcharges and lost incentives of up to $4,000, next year. The agency claims the program violates several antidiscrimination laws including the:

  • Genetic Information Nondiscrimination Act.
  • Americans with Disabilities Act.

Could you be entitled to time away from work via FMLA?

Many people in the New York City area need to work to pay for life’s necessities. If a health issue makes it impossible for you to work for a period of time, you may be scared about not only your physical health but your future financial health as well. How will you make ends meet if you do not have a job to return to? If you are in this situation, the Family and Medical Leave Act may come into play.

Religious discrimination at work can take many forms

There are multiple things for which a worker in the state of New York might be discriminated upon by his or her employer. One of those things is the employee’s religion. This is true regardless of the faith of an individual. There are many forms that religious discrimination might take. Workers who find that they are facing religious discrimination may decide to pursue legal action against an employer.

The first situation that could lead to legal action is when a potential employee is not hired or a current employee is not promoted, given a raise or provided training. Someone might also take this course of action if they are laid off because of their religion.

Recognizing sexual harassment in the workplace

Workplaces are often hectic places full of employees managing many different matters. Of all of the matters workers have to deal with sexual harassment should not be included. In fact, under Title VII of the Civil Rights Act of 1964, these behaviors are illegal. Unfortunately, this happens all too frequently, in work places of all kinds, especially for women.

Sexual harassment can take multiple forms, both physical and verbal, including requests for sexual favors or unwelcome sexual advances. The key is that these activities either create an intimidating, hostile or offensive work environment, or in the alternative, unreasonably interfere with the worker’s performance of his or her job.

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.

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