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Blog Posts in January, 2014

Physician's Role is Critical in Establishing a Disability Discrimination Claim

If you want to file a claim against your employer under the Americans with Disabilities Act, be sure to involve your physician in determining whether you are in fact disabled, and be sure to ...
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Can You Sue for Discrimination if Your Employer Grants Your Request for a Transfer?

What if you request a lateral transfer from your employer, and actually get it nine months later. Can you still bring suit for a discrimination claim? According to a federal court decision handed down ...
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Expanded NYC Sick Leave Laws Not Likely to Hurt Employers

Accompanied by the usual expressions of doom from small employers, on January 17 Mayor De Blasio announced a plan to greatly expand the reach of New York City's sick leave law. Under his proposal, ...
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In Age Discrimination, Age is More Than Just a Number

Just how much younger than you does your replacement have to be to support a claim for age discrimination? A recent New Jersey case concludes that the number isn't necessarily so important. (Cohen v. ...
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Be Careful When You Use Social Media to Complain About Work

Many of us use social media to lightheartedly complain about our workplace, but do so without thinking about the possible unintended consequences. In a recent case (Debord v. Mercy Health System of ...
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New Law Protects You From Retaliation for Taking Sick Time

As of April 1 of this year, New York City employers are prohibited from retaliating against employees for taking sick time under the Earned Sick Time Act. Under the new law, employers must provide at ...
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Can an Unpaid Intern Sue for Sexual Harassment?

A federal district court in New York ruled last October that unpaid interns are not "employees" and thus are not able to recover for sexual harassment under New York City's Human Rights Laws (NYCHRL). ...
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Cursing as Religious Discrimination

Everybody curses at work, some more than others. Most people deal with it as background noise, but what if it is more than that? Can the use of salty language constitute religious discrimination or ...
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Can Gossip be Considered Sexual Harassment?

Gossip occurs in every workplace. Its just human nature. Most employers ignore it. But can it rise to the level of a sexual harassment claim? A recent case in Indiana attempts to deal with that ...
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Can You Be Fired for Post Partpartum Depression?

A power grid operator in the Midwest recently learned that it isn't. An employee had made it known to her employer, Midcontinent Independent System Operator (MISO), that she was suffering from ...
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Can I Sue My Employer for a Hostile Work Environment?

It's more or less your boss's job to create a hostile work environment. A hostile environment is not illegal, nor is workplace harassment in general or bullying. There is no legal action for "causing ...
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New Rights for NYC Pregnant Workers

Navigating your way through a pregnancy is difficult enough without having to struggle to keep your job at the same time. But now in New York City, help is on the way. As of January 30, 2014, NYC ...
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