New York Employment Attorney Blog — Published by New York Employment Lawyers

September 10, 2021

What an Injured Jail Inmate’s Americans with Disabilities Act Lawsuit May Mean for Your New York Workplace Disability Discrimination Case

Disability discrimination in the workplace can occur in many different ways. The disability that makes up the foundation of your lawsuit could be something chronic or, potentially, it could be very temporary. Whatever the particulars, if you’ve suffered disability discrimination on the job, you should contact a knowledgeable New York City disability discrimination lawyer and find out more about your legal options.

Often, in this blog, we look at court cases involving workers harmed by discrimination, so that you can see their circumstances and see how they, like you, may have the potential to achieve success through the legal system.

Sometimes, though, there are cases that are not employment discrimination matters but may still be of potentially massive importance to you as a New York City worker who may need to consider an employment discrimination lawsuit. The recent Americans with Disabilities Act (ADA) case of one New York prisoner is an example of this kind of case.

August 30, 2021

When Your Employer’s Implementation of a Mandatory Arbitration Policy May Qualify as an Adverse Employment Action for Your Retaliation Claim in New York

by Phillips & Associates

Most people, when they contemplate workplace retaliation, picture a worker who is demoted or fired for having filed a discrimination or sexual harassment lawsuit (or EEO claim.) Retaliation in the workplace can take many forms beyond just that, though. If you believe you’ve been punished at work because you stood up for yourself (or others) in opposition to illegal practices in the workplace, you ought to get in touch with a knowledgeable New York employment lawyer right away.

One of the more hotly debated topics within employment law is mandatory arbitration agreements or, more specifically, the interconnection of mandatory arbitration agreements and claims of discrimination. New York State law says that such agreements are void and unenforceable in that context, but that law has experienced a rocky road in court across the last three years. At least two different federal judges in New York have ruled that federal law preempts CPLR Section 7515, allowing the employer to transition the case from court to arbitration.

Sometimes, though, the significance of your mandatory arbitration agreement goes beyond the procedural question of where your case will be litigated and into the question of whether the initiation of the agreement itself was a punitive act done in retalaition. That was the case for M.C., a woman who was the head of recruiting at a New York City financial technology firm.

August 23, 2021

Successfully Pursuing a Federal Quid Pro Quo Sexual Harassment Case in New York

by Phillips & Associates

27 years ago, the box office blockbuster film Disclosure debuted in theaters. The Demi Moore-Michael Douglas film shone a light on a topic rarely highlighted in a big-budget Hollywood movie: workplace sexual harassment. All sexual harassment is a cancer upon the workplace, but quid pro quo sexual harassment, which was the type featured in Disclosure, is a particularly problematic thing. It places a worker under pressure to provide sex due to that party’s inferior power in the workplace (vis-a-vis the harasser) and the party’s fear of workplace reprisals (up to and including termination.) It is something no worker should have to tolerate and, if it happens to you, waste no time in taking action, including getting in touch with an experienced New York sexual harassment lawyer.

Of course, quid pro quo sexual harassment takes more forms than just what was described above. In some scenarios, the harasser, rather than threatening to punish a refusal, instead offers to use his power for your benefit if you provide sex. Offers like “I’ll make sure you get that promotion if you’ll agree to start dating me” or comments like “you could go far in this industry, and I can help make it happen if you would just ‘play ball’” are examples of this.

The recent case of an upstate New York bartender is a real-life illustration of that kind of alleged quid pro quo harassment. J.K., a bartender at a club in Hudson, sought out his supervisor to discuss possibly doing extra work and making “a little bit more money.” According to the lawsuit, the supervisor, who knew the bartender was gay, replied that he used to sleep with his manager to get shifts he wanted. The man then allegedly asked J.K. if he wanted better shifts, whereupon he spun around in his swivel chair and turned toward the bartender with his legs spread open.

August 16, 2021

How Others With Shared Experiences May Be Able to Help You With Your Sexual Harassment Lawsuit in New York

by Phillips & Associates

In your federal lawsuit for workplace sexual harassment, one of the keys to getting the best possible result is making sure you get to put before the court all of your evidence, with none of it being stymied but a fallacious effort by the defense to exclude it. Another key is ensuring that you are successful in keeping out all of the defense’s evidence that, according to the rules, is inadmissible. Doing these things will strengthen your case and weaken the defense’s case, thereby giving you an enhanced opportunity for success. To maximize your ability to do all of these things, make sure that you have the representation you need from a knowledgeable New York sexual harassment lawyer.

Undeniably, the #metoo movement did a vital service in exposing the rampant and sometimes severe sexual harassment women endure in certain industries. As the New York Times pointed out back in 2018, though, modeling is an area where men experience an elevated frequency of harassment.

Regardless of your gender, the federal rules can be a powerful friend in your sexual harassment case. Consider, as a good example, the lawsuit of a male model currently proceeding in the Southern District of New York federal court.

August 9, 2021

NYPD Lieutenant Lands $872K Jury Verdict in Retaliation Lawsuit Against the City

by Phillips & Associates

Sometimes at work, circumstances may arise that call for you to stand up against improper harassment or discrimination in your workplace. Regardless of whether you were the target of that illegal conduct or a coworker was, the law says you have the right to take action (whether that is filing a complaint, giving testimony, or participating in an investigation) without suffering punishment in your job. If you do get punished, that’s retaliation, it’s impermissible and it’s something that should motivate you to consult a knowledgeable New York employment discrimination lawyer.

According to the New York Daily News, one NYPD lieutenant was the victim of this kind of retaliation and received a sizable jury award as a result.

A.O. was an NYPD lieutenant who was a platoon commander at a precinct in Manhattan’s Lower East Side. In 2015 and 2016, A.O. wrote and submitted three internal complaints on behalf of one of her subordinate officers, whom she believed was being subjected to a hostile work environment because of his ethnicity. (The subordinate officer was a Latino man.) The lieutenant also testified on the Latino subordinate’s behalf at the departmental hearing on the matter.

July 30, 2021

Strategies that Can Help You Get the Most from Your New York Employment Discrimination Lawsuit

by Phillips & Associates

If you’ve suffered discrimination at work, it is important to recognize that bringing a lawsuit that will end in success involves much more than just understanding the factual aspects of what happened. There are also tactical and procedural litigation strategies that can help maximize your odds of success. That’s why a knowledgeable New York employment discrimination lawyer is so important to your case. Your lawyer can take the facts you provide and then generate a winning plan.

A recent national origin and age discrimination case involving an NYPD detective shows ways in which this can be true. A.P., who was born in Russia in 1967, was a detective and a member of the Executive Protection Unit (EPU) charged with protecting the mayor.

During A.P.’s nearly three years with the EPU, 26 of the roughly 30 detectives with the EPU received promotions, but A.P. was not one of those detectives promoted. According to the detective, a “significant number” of the 26 promoted detectives were individuals with fewer years of service and were less qualified than him. Most allegedly were younger than him. Additionally, all were non-Russian.

July 23, 2021

A $600K Settlement Concludes a New York OAG Investigation into Allegations of Rampant Sexual Harassment at a Celebrity Chef’s NYC Restaurants

by Phillips & Associates

A six-figure sexual harassment and discrimination settlement made national news recently. That’s because one of the alleged wrongdoers wasn’t just any employer – it was one of New York’s best-known celebrity chefs. The case and the settlement serve as a clear reminder that, whether you’re serving sliders at a chain “neighborhood grill” or delivering delicacies at a Michelin-rated establishment, you can find yourself as the target of sexual harassment and discrimination, so you need to know what to do when it happens. That starts with reaching out to a knowledgeable New York sexual harassment and discrimination lawyer to learn more about the legal options available to you.

The agreement ended an investigation by the New York Attorney General’s Office into the restaurants of celebrity chef Mario Batali and his business partner.

According to numerous current and former restaurant workers, Batali engaged in several acts of sexual harassment. Allegedly, the chef, his partner, and their company “fostered a sexualized culture of misconduct and harassment at their restaurants in New York City.”

July 16, 2021

Taking on an Age Discrimination Case Under the New York State Human Rights Law, the New York City Human Rights Law… or Both

by Phillips & Associates

In nearly any civil lawsuit, one of the most important hurdles you, as a plaintiff, have to clear is the defense’s motion for summary judgment. If the defense wins, your case gets tossed before even making it to trial. If the defense loses, you may proceed, and you may also discover that the terms of settlement offers proposed by the defense are much fairer than they were before your victory on the summary judgment motion. Wherever you are in the process of pursuing your discrimination case – trial, dispositive pre-trial motions, or just getting started – it pays to have powerful and reliable legal representation from an experienced New York discrimination lawyer.

Here in New York City, workers harmed by discrimination have the advantage of multiple options. They may be able to bring claims under the New York State Human Rights Law, the New York City Human Rights Law, or both.

A recent age discrimination case involving a Brooklyn doctor gives a good view of how the process works, how you can use these laws to your benefit, and what it takes to defeat a defense motion for summary judgment.

July 9, 2021

A Waitress Recovers Both Lost Wages and Mental Anguish Damages in Her New York Pregnancy Discrimination Case

by Phillips & Associates

If you’re trying to work through your pregnancy, you’ve undoubtedly made a thoughtful decision that continuing to work is the best way to provide for your family. Being fired because of your pregnancy can inflict a great deal of stress, frustration, and financial insecurity on you during what is an already highly stressful (albeit exciting) time in your life. While employers have considerable discretion in who they hire and fire, they cannot fire you just because you’re pregnant. If that’s happened to you, you may have the makings of a successful New York pregnancy discrimination lawsuit.

So, what exactly does pregnancy discrimination in New York look like? Here’s a real-life example from upstate. The worker, A.G., was “visibly pregnant” when she interviewed for a waitress job with a Mexican restaurant. The manager who interviewed her knew she was pregnant and the restaurant owner, A.R., also knew she was pregnant.

The restaurant hired the woman and she typically worked around 17 hours per week. However, just a few weeks into the job, the waitress came down with bronchitis and missed five days of work. When she returned to work, the owner had assigned someone else to her shift.

June 29, 2021

New York Representatives Work to Pass a New Federal Law that Would Enhance Anti-Discrimination Protections for Older Workers

by Phillips & Associates

If you are familiar with federal discrimination law, then you likely know that age discrimination, like sex discrimination, race discrimination, disability discrimination, religious discrimination, and sexual orientation discrimination (among others) is prohibited. If an employer has fired you, demoted you, refused to hire you, or taken other adverse employment actions against you because you are older then, with the aid of a knowledgeable New York age discrimination lawyer, you can sue and win in court.

What you may not know, however, is that it is harder to win a federal age discrimination case than it is to win other types of federal employment discrimination cases. A bill that just passed the House of Representatives would change that and make the barrier against establishing a case of federal age discrimination the same as that for all other forms of federal workplace discrimination.

Age discrimination has been a violation of federal law since 1967 when Congress passed the Age Discrimination in Employment Act (ADEA). At that time, the degree of protection older workers received under the federal law was equal to the protection other groups (such as racial minorities and religious groups) received.