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White Plains, New York, Employment Law Blog

Workplace discrimination complaints sometimes lead to retaliation

When issues arise in a person's workplace, he or she may want to take steps to address and correct the problems. Most places of employment have procedures in place that help employees file complaints when the need arises. However, some individuals may find themselves in an even more difficult predicament if they file complaints regarding workplace discrimination and end up facing retaliation.

New York residents may be interested in such a situation that recently took place in another state. Reports indicated that a man had filed a complaint with the hospital where he worked due to facing harassment and other negative actions directed toward him due to his race. After filing his complaint, the man was fired from his job, which he believes was an act of retaliation.

Pregnancy discrimination can spoil an otherwise happy experience

The joy that comes along with learning that a person is expecting a baby can feel overwhelming. Many New York residents may want to spread the news as soon as possible, but for others, they may have feelings of apprehension. Mothers-to-be who are employed may feel particularly worried about telling their bosses about their pregnancies due to fear about pregnancy discrimination.

Though many women can carry out their regular work duties while expecting a child, their employers may still find their pregnancies inconvenient. One woman in another state experienced a negative reaction from her supervisor regarding her pregnancy. She had obtained a note from her doctor about job restrictions, and instead of offering her a modified workload, the supervisor told the woman to go to human resources.

Age discrimination can negatively affect employees

If a person has the ability and willingness to hold a job, he or she should be considered for employment fairly. However, some employers may consider a person's age to be a hindrance, even if the individual has shown no signs that an older age has caused a work-related problem. If an employee loses his or her job without any true cause, he or she may have reason to file a discrimination claim.

New York residents may be interested in such a case in another state that recently came to a settlement. Reports stated that a hospital faced allegations of age discrimination, and the claims led to an investigation by the Equal Employment Opportunity Commission. It found that the hospital had discriminated against 29 employees.

Increased contract work may mean more disputes

The days of consistent employment, complete with salaries and benefits, may be fading. The reality of today’s job market is shifting away from traditional job opportunities toward temporary contract work. While this change can offer workers more autonomy within their careers, it doesn’t come without drawbacks.

A new survey by NPR and Marist found that 32 million workers in America are now freelancers and contractors, half of which go without employer-provided insurance or retirement plans. The complicated nature of contracting calls into question legal protections, if any, for this large portion of the workforce.

Retaliation suits can help New York victims move forward

Many employees receive benefits or discounts at their place of work. Although there are normally restrictions to these benefits, New York companies may approve alternative uses. A former worker for United Airlines claims that the air carrier did just that with his employee benefit, but later used that exception as a basis for retaliation.

United Airlines gives employees a friends and family travel benefit. Although this benefit is typically limited to family members and friends that workers directly know, the carrier made an exception in 2015. The former employee requested that Paul Wall -- a well-known rapper -- be added to his list, so that he could utilize the benefit when traveling for his charity work. United approved the request.

Google accused of gender-based workplace discrimination

In New York, Google may be known as a leader in technological advancements and search engine algorithms, but there is one area that it may fall dismally short -- workplace equality. An amendment was recently added to a class action lawsuit, which claims that Google continually pays women less than men. The alleged workplace discrimination occurs across different positions and skill levels.

The class action suit was filed by three former Google employees back in Sept. 2017, and the most recent amendment added one additional plaintiff. In their suit, they allege that Google not only promotes women more slowly than men, but that it also hires them with lower starting pay and in positions that do not provide as much compensation as male-dominated positions. Even when performing the same or similar jobs, women are allegedly paid less than their male peers.

Is it time to implement sexual harassment training?

Sexual harassment has been a part of the national conversation for months now. As an employer, you’ve probably given quite a bit of thought as to how you can prevent sexual harassment in your workplace.

If you do not already have a training program in place, it may be time to implement one. However, that training program should offer support and advice to your employees who may have or may someday experience harassment.

Compensation possible for New York retaliation victims

Deadlines, difficult assignments and an empty coffee pot in the break room might all be sources of stress at work, but some workers must deal with far worse. An out-of-state woman suffered troubling and ongoing retaliation at her place of work, for which she later received compensation. Retaliation claims such as hers are often effective for New York workers as well.

In 2009, the army veteran was hired on at a health care facility as a nurse, at which time she was working underneath both an administrator and supervisor. Sometime later, the nurse complained about her supervisor's job performance to higher-ups working at the facility. She also complained that there were routine issues with administering medications on time.

Employer contracts protect employment relationships in New York

Even when faced with a dream job or an ideal candidate, it is understandable that employees and employers alike want to protect their personal interests. These interests may be best protected through employer contracts. When written effectively, these tools are usually effective at protecting employment relationships in New York.

Employer contracts are often wrongly thought of as something that only serves the employer. Realistically, employees need protections of their own. Take a person who is leaving a position with their current employer to begin working at a different company. There are significant risks involved with leaving one job and moving to another, and new employers can incentivize candidates by offering employment contracts that protect their compensation, benefits, time off and more.

Sexual harassment or office shenanigans?

The National Women's Law Center reported that at least one-fourth of working women have been exposed to some form of sexual harassment in the workplace. Unfortunately 70 to 90% of these women never speak up. Often victims are afraid of losing their jobs, they may feel shame or embarrassment over what they went through or think their story will not be believed.

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