The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act is Bearing Fruit for Victims of Workplace Misconduct in New York
New York Employment Attorney
by Phillips & Associates
7M ago
The recently enacted Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) represents one of the more impactful new laws affecting cases of workplace harassment, discrimination, and retaliation. Many employers historically force all new employees to agree to mandatory arbitration as a condition of accepting a job, then try to use that agreement to force workers’ claims of harassment into arbitration settings that the employers believed would be more advantageous to them. Now, with the EFAA in place, many workers harmed by sexual harassment can avoid that arbitrat ..read more
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‘He Said, She Said’ Disputes and Discrimination Law in New York
New York Employment Attorney
by Phillips & Associates
7M ago
In 1991, the FBI deemed Anita Hill’s accusation of sexual harassment by Clarence Thomas inconclusive “because of the ‘he said, she said’ nature of the allegation and denial.” That marked one of the first instances of “he said, she said” referring to a disputed sexual or interpersonal interaction. In politics, a “he said, she said” allegation may yield little or no results for an accuser. However, in a civil lawsuit for discrimination or harassment, a “he said, she said” case can have distinct benefits. One of those is that, if you’ve established that yours is a “he said, she said” case, then y ..read more
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How Invalid Documentary Support for an Employer’s Adverse Action May Bolster Your New York Pregnancy Discrimination Case
New York Employment Attorney
by Phillips & Associates
7M ago
Pregnancy is an exciting and joyous time for many families. Sometimes, though, it comes with complications at work for expecting moms. An employer may chafe at the pregnant worker’s new limitations or her need for more time away from work (for prenatal medical appointments or parental leave.) Some of these employers respond to this by trumping up reasons to punish (or even fire) the worker. When that happens, the employer’s actions may have violated the laws against pregnancy discrimination. If you endured pregnancy discrimination or have questions about pregnancy discrimination, be sure to ac ..read more
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An Amazon Worker Fired Three Weeks After Complaining About Discrimination is Allowed to Pursue Her Retaliation Case
New York Employment Attorney
by Phillips & Associates
8M ago
There’s a lot that goes into a successful discrimination, harassment, or retaliation action under the New York State Human Rights Law and/or the New York City Human Rights Law. There’s accumulating the necessary evidence, asserting the right claims, and meeting all of the necessary legal and procedural requirements, such as filing before the deadline passes. Ensuring that you’ve “checked” all these “boxes” can seem daunting — even utterly overwhelming — if you’re an everyday worker who’s experienced workplace misconduct. That’s why, if you’ve endured harm from discrimination, harassment, or re ..read more
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New York City Expands Its Human Rights Law to Protect Workers from Size Discrimination
New York Employment Attorney
by Phillips & Associates
8M ago
As this blog has discussed many times before, most workers want to do their best and to be judged based on what they’ve done on the job, not what they look like, be it in terms of race/color, sex/gender identification, age, or disability. Employment discrimination based on any of those characteristics is illegal in New York City. In a few months, two more categories will be added to that list: height and weight, as a new expansion of the New York City Human Rights Law will be taking effect this November that protects workers on those bases. Whether yours is a size discrimination case, a disabi ..read more
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How Federal, State, and City Law Can Potentially Help If You’ve Endured Quid Pro Quo Sexual Harassment at Work
New York Employment Attorney
by Phillips & Associates
9M ago
When someone with power over you in the workplace asks you to provide sexual favors in exchange for a workplace benefit (or threatens to punish you if you deny them sex,) that’s something the law calls “quid pro quo” sexual harassment. In New York City, workers are protected from this sort of dehumanizing misconduct by three laws: federal law’s Title VII, the New York State Human Rights Law, and the New York City Human Rights Law. If you believe that you suffered this kind of harm on the job, you should reach out to an experienced New York sexual harassment lawyer to discuss your situation and ..read more
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New York’s Governor Announces a Major Expansion of the Pool of State Employees Eligible for Paid Parental Leave
New York Employment Attorney
by Phillips & Associates
9M ago
For some New York workers who have welcomed (or plan to welcome) new additions to their families, there’s good news. The rights and benefits available under New York State law have gotten a lot stronger in the past 12 months. The initiative, as Gov. Hochul put it, seeks to keep families from having “to try to make that tough decision between having a paycheck or having to spend time with their kids.” Contrary to certain antiquated gender-based stereotypes, a father’s time bonding with his new baby is just as valuable and beneficial as the time that baby spends with his/her mother. But even in ..read more
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Sexual Harassment Under New York City Law and New York State Law: What’s Different, What’s the Same and What’s Changed
New York Employment Attorney
by Phillips & Associates
9M ago
Here in New York City, victims of sexual harassment in the workplace may have multiple avenues for seeking justice. At the federal level, there’s Title VII. At the state level, there’s the New York State Human Rights Law and, for workers here in New York City, there’s the New York City Human Rights Law. These laws each have crucial distinguishing features, including different standards for establishing a claim. In other words, just because you don’t have a viable Title VII claim, that doesn’t mean you should just give up, as you may still have a potentially winning claim under other statutes ..read more
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New York and Federal Lawmakers Strengthen Protections for Workers Who Are Also Pregnant or Nursing
New York Employment Attorney
by Phillips & Associates
10M ago
Recently, both the federal government and New York State enacted new laws designed to bolster workplace protections for pregnant/breastfeeding workers. This means the law against pregnancy discrimination is more powerful than ever so if you’ve encountered this type of mistreatment, you definitely owe it to yourself to contact a knowledgeable New York pregnancy discrimination lawyer and discuss your situation. These new laws reflect the reality that, although the federal government enacted the Pregnancy Discrimination Act in 1978 and pregnancy discrimination has been a violation of the New York ..read more
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The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act is Bearing Fruit for Victims of Workplace Sexual Harassment in New York
New York Employment Attorney
by Phillips & Associates
10M ago
Sexual harassment has been a violation of New York City, New York State, and federal law for many years. However, recent developments in the law have given victims of sexual harassment more power than ever before. Many workers, whose cases in the past would have been forced into arbitration by their employers, can now successfully defeat that effort and continue to pursue relief in civil court. Whether you’re initially bringing a sexual harassment case, overcoming a mandatory arbitration agreement, or successfully securing compensation, representation from a skilled New York City sexual harass ..read more
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