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    • US Supreme Court Issues Decision For Age Discrimination Claims By Federal Workers

      On April 6, 2020, the United States Supreme Court held in Babb v. Wilkie that the Age Discrimination in Employment Act (“the ADEA”), provides heightened protections for federal employees. The Court ...

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    • Ex-Employee Claims Facebook Routinely Fires People Over 50

      Ex-Employee Claims Facebook Routinely Fires People Over 50 Worker alleges managers set him up to fail so they could terminate him Age discrimination cases often come with their own set of code words. ...

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    • Is Age Discrimination Becoming an Epidemic?

      Is Age Discrimination Becoming an Epidemic? What all workers over 40 need to know Would you believe that nearly two-thirds of people from ages 45 to 74 said they had experienced or witnessed age ...

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    • Anti-Bullying Legislation Passed by NY State

      Anti-bullying legislation has recently been passed by the New York State Legislature. Workplace bullying has become an epidemic and has significant ramifications for employees both emotionally and ...

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    • House Passes Bill Banning Forced Arbitration

      The Forced Arbitration Injustice Repeal (FAIR) Act just made it through the House of Representatives on September 20 th , 2019. The move represents a significant milestone for the American working ...

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    • Can Employers Require COVID-19 Testing?

      In its latest guidance, the Equal Employment Opportunity Commission has stated that businesses can't make workers take tests that detect COVID-19 antibodies without violating the Americans with ...

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    • As New York Plans to Enter Phase 2, What Can Employees Expect When They Return to Work

      What can New York City employees expect when they return to work in the coming weeks? The answer is easy…they can expect a whole new world. Of course, some employers are going to continue to allow ...

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    • Employee Safety as Workplaces Re-open During the COVID-19 Pandemic

      The COVID-19 pandemic has impacted every workplace in the United States and across the world. As a result, the rights of employees have never been more important. Employees have the unfettered right ...

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    • New York City Appeals Court Confirms That Employers Must Engage in Rigorous Interactive Process

      When an employee faces challenges due to a disability, the law requires that the employer engage in an “interactive process” to find a way to accommodate that disability. The First Department, an ...

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    • Disability Discrimination and COVID-19

      Disability discrimination is prohibited by the New York State and City Human Rights Laws as well as the federal Americans With Disabilities Act (“ADA”). Disability discrimination occurs when an ...

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    • Are Disabilities and Serious Health Conditions the Same Thing?

      Are Disabilities and Serious Health Conditions the Same Thing? Unraveling federal regulations that govern medical issues If you’re uncertain of your rights regarding disabilities, injuries, and ...

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    • U.S. Supreme Court Holds That Title VII Protects Against LGBTQ Discrimination

      The word “landmark” does not begin to cover the impact that the Supreme Court’s decision in Bostock v. Clayton County (June 15, 2020) will have on employment discrimination. In a 6-3 decision, the ...

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    • "Thinly Veiled" Discriminatory Remarks Permitted to go to a Jury

      On May 21, 2020, a state appellate court in Manhattan reversed a lower court’s dismissal of a race discrimination case against Montefiore Medical Center. In Bateman v. Montefiore , 2020 N.Y. App. Div. ...

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    • EEOC Issues Storing Statement About National Origin and Race Discrimination During COVID-19 Pandemic

      EEOC Chair Janet Dhillon has issued a strong message on National Origin and Race Discrimination during the COVID-19 pandemic. Ms. Dhillon states: “Crises like the COVID-19 pandemic can bring out the ...

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    • New York City Appeals Court Confirms That Employers Must Engage in Rigorous Interactive Process

      When an employee faces challenges due to a disability, the law requires that the employer engage in an “interactive process” to find a way to accommodate that disability. The First Department, an ...

      Read More
    • Can Employers Require COVID-19 Testing?

      In its latest guidance, the Equal Employment Opportunity Commission has stated that businesses can't make workers take tests that detect COVID-19 antibodies without violating the Americans with ...

      Read More
    • As New York Plans to Enter Phase 2, What Can Employees Expect When They Return to Work

      What can New York City employees expect when they return to work in the coming weeks? The answer is easy…they can expect a whole new world. Of course, some employers are going to continue to allow ...

      Read More
    • Social Media Post Almost Sinks Disability Discrimination Suit

      Regular readers of this blog should know to be careful what they post on social media, especially with regard to their employers. One employee found this out the hard way, though he got lucky when a ...

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    • The Rights of Independent Contractors

      The law provides certain benefits to employees, including the right to be free from unlawful discrimination and the ability to collect unemployment insurance benefits. Individuals who are classified ...

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    • Race Discrimination Rejected in Appeals Court

      John Hithon, an African-American male, and former employee of a food plant, brought suit against his former employer alleging race discrimination . Hithon, who possessed 13 years of experience on the ...

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    • Can You Be Fired During Medical Leave?

      Can You Be Fired During Medical Leave? What you need to know about returning to work after FMLA leave Your surgery was a success and you’ve completed rehabilitation. Your doctor has cleared you to ...

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    • When Taking Medical Leave is a Career Killer

      When Taking Medical Leave is a Career Killer How to tell if you’ve been a victim of FMLA retaliation Imagine that you return to work after medical leave only to find that your job isn’t what it used ...

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    • When Your Boss Disagrees With Your Doctor

      When Your Boss Disagrees With Your Doctor Fast-food worker says boss made her flush her medication Employees on medical leave who are directed to return to work or be fired … Staffers who are told to ...

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    • SPH Partner Brian Heller to Lead Panel at the City Bar's Employment law Institute

      On Friday, March 6, 2020, Brian Heller will be leading a panel at the New York City Bar Association’s 6th Annual Employment Law Institute on March 6, 2020. The Institute is now widely viewed as the ...

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    • Attorney Davida S. Perry Selected as Top 100 Most Powerful People in Law

      Co-founding and managing partner Davida S. Perry has been selected as one of the 100 most powerful people in law by City & State, one of the most respected media companies in New York State. Each ...

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    • Appellate Victory for Schwartz Perry & Heller LLP

      Earlier this week, the New York Law Journal reported on an appellate victory that we obtained for our client. Our client, an MTA Bus Operator, was subjected to a horrific campaign of race and gender ...

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    • Company Violations in the Holiday Season

      When the holidays are in full force, it is not uncommon for businesses to get swamped with customers. No matter what product or service you offer, you can probably expect an influx of customer ...

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    • What Is the Difference Between Furlough & a Layoff Amid the Coronavirus Pandemic

      Companies across the United States are being forced to layoff workers as entire industries are crippled because of the coronavirus pandemic. According to a Marist Poll, nearly 1 in 5 US workers lost ...

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    • Second Circuit Reinstates Gender Discrimination Claim

      On November 19, 2019, the Second Circuit issued a decision reversing a lower court’s decision to dismiss a woman’s claim of gender discrimination. In Khanna v. Mufg Union Bank, N.A. , No. 19-893, 2019 ...

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    • Boss Assumed That Gay Employee Must Have AIDS

      Boss Assumed That Gay Employee Must Have AIDS Supervisor drew pictures that mocked man’s supposed effeminate mannerisms Your boss seems uncomfortable that you’re in a same-sex marriage. He makes lewd ...

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    • Female Boss Didn't Want a Woman Doing So-Called Man's Work

      Female Boss Didn’t Want a Woman Doing So-Called Man’s Work Single mother of seven had stellar employment record before she was fired Is there such a thing as “men’s work” and “women’s work?” Believe ...

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    • Ford Hit With Sexual Harassment and Gender Discrimination Lawsuit

      Female workers at Ford Motor Co .'s Chicago plant have accused the company of turning a blind eye to "heinous" acts of gender discrimination, including catcalling, groping and requests for sexual ...

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    • Sex-Neutral Acts Relevant in Gender Discrimination Claims

      It is fairly well settled that to prevail on a claim of hostile work environment based on gender discrimination, the plaintiff must establish that the abuse was indeed based on his or her gender. ...

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    • THE GENETIC INFORMATION NON-DISCRIMINATION ACT AND SOCIAL NETWORKING SITES

      In 2008, the Genetic Information Nondiscrimination Act ("GINA") was passed, with the stated goal of "prohibit[ing] discrimination on the basis of genetic information with respect to health insurance ...

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    • Company Violations in the Holiday Season

      When the holidays are in full force, it is not uncommon for businesses to get swamped with customers. No matter what product or service you offer, you can probably expect an influx of customer ...

      Read More
    • Woman Sues Over Coworkers' Disruptive Porn-Viewing Habits

      Woman Sues Over Coworkers’ Disruptive Porn-Viewing Habits Company attempts to have case thrown out because woman was not directly harassed Let’s face it: After spending 40 hours a week or more with ...

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    • Can You Sue Your Boss for Being a Bully? What You Need to Know about Hostile Work Environments

      Can You Sue Your Boss for Being a Bully? What You Need to Know about Hostile Work Environments There may be legal protection from certain types of behavior You’d hope that treating people with respect ...

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    • Braun Electric Settles Sexual Harassment Lawsuit

      Garden variety sexual harassment exists in all types of workplaces. Employers will get away with it unless employees take action to stop it. Samara Schmidt took such action and her employer paid the ...

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    • U.S. Supreme Court Holds That Title VII Protects Against LGBTQ Discrimination

      The word “landmark” does not begin to cover the impact that the Supreme Court’s decision in Bostock v. Clayton County (June 15, 2020) will have on employment discrimination. In a 6-3 decision, the ...

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    • New York Repeals Civil Service Law §50-A, Making it Easier to Obtain Complete Document Production

      On June 9, 2020, the New York State Legislature voted to strike down New York Civil Service Law §50-a as part of a broader effort to reform police practices in the wake of protests over the killing of ...

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    • Harvey Weinstein Sentenced to 23 Years in New York

      On October 23, 2017, journalist Ronan Farrow published an article in The New Yorker called " From Aggressive Overtures to Sexual Assault: Harvey Weinstein's Accusers Tell Their Stories. " The piece, ...

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    • What You Need to Know About the New Independent Contractor Laws in New York

      Understanding Your Rights as a Non-Employee In the United States, federal laws protect employees from discrimination, harassment, and unfair employment practices. They are guaranteed certain rights ...

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    • Company Must Pay $150K Settlement After Chinese Workers Claim National Origin Discrimination

      Company Must Pay $150K Settlement After Chinese Workers Claim National Origin Discrimination Staffers claim they made $3 less per hour than white employees Imagine that you found out that most of your ...

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    • What is National Origin Discrimination?

      What is National Origin Discrimination? How it differs from race discrimination Do you know what national origin discrimination is? If you guessed that it’s similar to race discrimination, you’re ...

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    • What You Need to Know About National Origin Discrimination

      What You Need to Know About National Origin Discrimination EEOC issues new guidance on the topic You may already be familiar with the basic concepts surrounding racial discrimination. However, fewer ...

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    • How to Know If You Are Eligible for Overtime Pay

      In the U.S., any non-exempt employee who works more than 40 hours per week is eligible for overtime pay. Overtime pay must be at least one and a half times the employee’s regular rate of pay. Whether ...

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    • What You Need to Know About Failure to Hire Lawsuits

      Finding a job can be a stressful and time consuming process. From making a new resume, conducting a job search or preparing for interviews, the last thing you want is to put in all that effort only to ...

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    • Women Claim They Were Told 'Don't Get Pregnant Or You're Fired'

      Women Claim They Were Told ‘Don’t Get Pregnant Or You’re Fired’ Employer must pay $110,000 settlement Sometimes pregnancy discrimination is subtle. For example, a woman may find that it’s harder to ...

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    • Female Workers Awarded Nearly $1 Million in Pregnancy and Disability Discrimination Settlement

      Female Workers Awarded Nearly $1 Million in Pregnancy and Disability Discrimination Settlement Women claim they were treated unfairly due to pregnancies "Aren't you ever going to quit having kids?" ...

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    • Navigating the Patchwork of Laws that Apply to Pregnancy

      Navigating the Patchwork of Laws that Apply to Pregnancy What women need to know about their rights in the workplace Many working women are in for a shock when they become pregnant for the first time. ...

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    • Hate Crimes on the Rise in NYC Due to COVID-19

      According to recent New York Police Department data, coronavirus-related hate crimes against Asian-Americans have risen in New York City. Since March 7, police officials have confirmed that the NYPD ...

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    • Coronarvirus Racial Discrimination

      COVID-19 started in Wuhan, China. That’s a geographic location. Having Asian ancestry – or any other ancestry – does not make someone more susceptible to the virus or more contagious. Unfortunately, ...

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    • Woman Fired Over White Nationalist Views; Was It Legal?

      Woman Fired Over White Nationalist Views; Was It Legal? Employee spotted in video at “alt right” gathering Can you be fired for your personal views on race, even if you do not express those views at ...

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    • Muslim Worker Fired After Announcing He'd Defend Himself Against Harassers

      Muslim Worker Fired After Announcing He’d Defend Himself Against Harassers Employer refused to take action on man’s complaint In the aftermath of last week’s election, racial tension is something ...

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    • Court Upholds Jehovah's Witness Religious Discrimination Claim against Employer

      When the duties of your job conflict with your religious beliefs, your employer cannot fire you as a result of your convictions, and has the affirmative duty under the law to adjust the job ...

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    • Volunteer Nuns Not Entitled to Protections of Title VII Regarding Religious Discrimination

      Are volunteers entitled to the protections of Title VII regarding religious discrimination, retaliation, and harassment? No, according to a recent Sixth Circuit case. The plaintiffs in the case were ...

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    • Fighting Employer Retaliation in the Wake of the #MeToo Movement

      When the Weinstein scandal exploded in 2017, actress Alyssa Milano famously encouraged social media users to spread the hashtag #MeToo in an effort to demonstrate just how many men and women ...

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    • Woman Says She Was Fired Because of Obligations to Her Autistic Child

      Woman Says She Was Fired Because of Obligations to Her Autistic Child Company misinformed staffer about her rights under the FMLA It’s sad but true: many companies take advantage of the fact that ...

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    • Male Employees Fired for Opposing Harassment of Female Coworkers

      Male Employees Fired for Opposing Harassment of Female Coworkers Company must pay $1.4 million to workers who complained One of the biggest reasons that people don’t speak up about unlawful activity ...

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    • Harvey Weinstein Sentenced to 23 Years in New York

      On October 23, 2017, journalist Ronan Farrow published an article in The New Yorker called " From Aggressive Overtures to Sexual Assault: Harvey Weinstein's Accusers Tell Their Stories. " The piece, ...

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    • The Weinstein Verdict and the Workplace

      The Weinstein verdict on Monday, February 24, 2020, was a turning point in the global phenomenon known as #metoo. For starters, the verdict shows that even the richest, most powerful and protected ...

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    • SPH Defeats Motion to Dismiss Title IX Sexual Harassment Lawsuit

      On January 2, 2020, Schwartz Perry & Heller received a decision from the Eastern District of New York denying a motion to dismiss our client’s case, Mosier v. State University of New York , 18 CV ...

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    • U.S. Supreme Court Holds That Title VII Protects Against LGBTQ Discrimination

      The word “landmark” does not begin to cover the impact that the Supreme Court’s decision in Bostock v. Clayton County (June 15, 2020) will have on employment discrimination. In a 6-3 decision, the ...

      Read More
    • Boss Assumed That Gay Employee Must Have AIDS

      Boss Assumed That Gay Employee Must Have AIDS Supervisor drew pictures that mocked man’s supposed effeminate mannerisms Your boss seems uncomfortable that you’re in a same-sex marriage. He makes lewd ...

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    • LGBTQ Rights at Work Just Got a Big Boost

      LGBTQ Rights at Work Just Got a Big Boost Federal appeals court issues major ruling on sexual-orientation discrimination There’s good news for lesbian, gay, bisexual, trans, and queer (LGBTQ) workers. ...

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    • Unemployment Benefits in the Age of Coronavirus

      With record numbers of people seeking to collect unemployment benefits, applying has become very difficult for many. Understanding the various components can be even more complicated. There are ...

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    • Report: Employers Stole More Than $2 Billion from Workers in Last Two Years

      Report: Employers Stole More Than $2 Billion from Workers in Last Two Years Low-wage workers are particularly at risk You read that headline right. Two billion. It’s a staggering number—and it’s the ...

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    • Is Your Employer Required to Give You a Break?

      Is Your Employer Required to Give You a Break? What the law says about meal and rest breaks Today is the first day of your new job! You’re excited to get started and clock in using your company’s time ...

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    • Believe It or Not: Employer Refused to Pay Workers for Restroom Breaks

      Believe It or Not: Employer Refused to Pay Workers for Restroom Breaks Company liable for back pay and damages after violating federal labor law Imagine looking at your pay stub and finding out that ...

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    • Defend Trade Secrets Act & Whistleblower Protections

      When an employee learns that their employer or the higher-ups in the company have intentionally broken the law and violated regulations, they are encouraged to come forth and tell the government of ...

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