People come into our office all the time in White Plains, NY and they tell us that they are being subjected to a hostile work environment and our response to them is the phrase hostile work environment really doesn't mean much unless its attached to other words such as because of age, gender, disability, religion, national origin, color or in the state of New York sexual orientation or your status as a victim of domestic violence. The law doesn't prohibit employers from being poor managers, abusive people, stupid, what it does prohibit is being abusive while treating people differently in the terms and conditions of employment because they are a member of a protected class and the hostile environment can be over a period of time abusive words, it can be touching, it can be abusive words to others or in a protected class and it has to be severe and pervasive. Half the work environment is not engendered simply because of stray comments, the comments, the hostility based on it being a member of a protected class must be severe and pervasive and there is both the subject of element to that and also an object of element to it.
People tell us typically that they are being treated differently from other co-workers at their job and they want to know what their rights are. Our job as attorneys in White Plains, NY is to ask that prospective client questions, why do you think that you are being treated differently and who are the people that you are being treated differently from because the law allows an employer to treat one employee differently from another unless the treatment is on the basis of race, gender, disability, age, in the state of New York sexual orientation and a whole host of other protected classes. When a client comes to us or calls us and asks us these questions, we must ask the factual setting that gives rise to the clients concern or the persons concern and then we go from there.
jMany people talk frequently these days about the Americans with disabilities act and I will add that the act has been amended to be effective on January 1st of 2009 and so it is now called the Americans with disabilities act, amendments act of 2008. In the employment arena in White Plains, NY it prohibits discrimination in employment on the basis of disability. The Issue for the ADA and the act as amended is that the definition of disability is not always as clear as people might think. The act has been amended to make the coverage broader, so that more employees can come within the ambient or the act but one shouldn't think because there is particular diagnosis that one has a disability under the act. I will add that there are several different definitions that bring the person within the coverage of the act., Including, the fact that the employer may regard the individual as having a disability, when in fact the individual does not have a disability or the employer may know of a history that the employee has of a disability and that action and adverse employment action based on some sort of history of disability is also prohibited by the act.
The New York states human rights law is our statewide anti-discrimination statute. In the employment arena in White Plains, NY it prohibits discrimination on the basis of gender, race, national origin, color, disability, sexual orientation and a new enactment to that statute and it prohibits discrimination in employment on the basis of one’s status as a victim of domestic violence. This statute in the employment arena applies to employers who have four or more employees bringing most employers in the state within the ambient of the statute.