Blog Posts By Category

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 ...

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. ...

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 ...

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 ...

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 ...

On Wednesday, December 16, 2020, the U.S. Equal Employment Opportunity Commission issued much-anticipated guidance regarding the COVID-19 vaccine as it pertains to the workplace. Vaccination ...

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 ...

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 ...

This year marks the 30 th anniversary of a major milestone in our nation’s history – the signing of the Americans with Disabilities Act (“the “ADA”). Banning discrimination on the basis of disability ...

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 ...

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 ...

On Wednesday, December 16, 2020, the U.S. Equal Employment Opportunity Commission issued much-anticipated guidance regarding the COVID-19 vaccine as it pertains to the workplace. Vaccination ...

While working remotely now appears to be here to stay, misconduct in the wake of Zoom meetings is becoming more commonplace. More subtle forms of harassment and discrimination are creeping into ...

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 ...

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. ...

The First Department, the state appellate court located in Manhattan, broadened protections for employees suffering a hostile work environment, particularly where the hostility creates a dangerous ...

While working remotely now appears to be here to stay, misconduct in the wake of Zoom meetings is becoming more commonplace. More subtle forms of harassment and discrimination are creeping into ...

New York State now requires all employers to provide sick leave to its employees. The New York State Sick Leave (NYSSL) law went into effect on September 30, 2020 but employees will not be able to ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

This Thursday and Friday, March 4 & 5, 2021, the New York City Bar will be hosting the 7th Annual Employment Law Institute. Schwartz Perry & Heller LLP Partner Brian Heller, a member of the City Bar’s ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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. ...

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 ...

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 ...

The First Department, the state appellate court located in Manhattan, broadened protections for employees suffering a hostile work environment, particularly where the hostility creates a dangerous ...

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 ...

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 ...

On Friday, September 18, 2020, the legal community lost a guiding light. Throughout her entire career, Justice Ginsberg fought for the law to achieve its promise of equality and fairness. Nowhere was ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

On Thursday, September 17, 2020, the United States House of Representatives passed the Pregnant Workers Fairness Act by a surprisingly bi-partisan majority. The bill would require companies with more ...

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 ...

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?" ...

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 ...

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, ...

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 ...

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 ...

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 ...

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 ...

The First Department, an appellate court located in New York City, just issued a significant decision that supports larger awards for emotional distress damages in discrimination cases. In Madrigal v. ...

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 ...

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 ...

The Second Circuit, in Legg v. Ulster County , 2020 U.S. App. LEXIS 34095 (2d Cir. Oct. 2020), refused to vacate a jury’s verdict in favor of four female employees of the Ulster County Jail. The women ...

On July 10, 2020, Justice Luis L. Nock issued an order denying a motion to compel arbitration in a sexual harassment case. Behind this dry description lies a groundbreaking decision that represents a ...

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, ...

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 ...

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 ...

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. ...

New York State now requires all employers to provide sick leave to its employees. The New York State Sick Leave (NYSSL) law went into effect on September 30, 2020 but employees will not be able to ...

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 ...

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 ...

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 ...

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 ...

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 ...