At some point, New York employees might learn that they are being paid less than another employee who has less seniority than they do. There are a number of reasons this might be the case and several approaches that employers might take if an employee makes a complaint about the issue. It is technically not illegal for an employer to do pay one employee less than another although it could cause morale problems and might leave the employer open to allegations of discrimination if the employee is a member of a protected class.
Employers in New York and elsewhere are being encouraged to take religious discrimination in the workplace seriously. While religion is generally a hot topic, attacks on Jewish centers as well as a proposed ban on travel from predominantly Muslim countries have put some on edge. Business owners and managers would be wise to understand that events that happen in the public can impact the workplace.
New Yorkers are sometimes the victims of sexual harassment and discrimination at their workplaces. A class action claim involving more than 69,000 workers in a private arbitration against Sterling Jewelry Co. demonstrates how pervasive sexual harassment and discrimination can be in some workplace cultures.
New York residents who have been victims of age discrimination in the workplace may be interested in the developments of a class action lawsuit that has been filed against Fiat Chrysler Automobiles. It is the second discrimination lawsuit that has been filed against the company in two months. The plaintiffs allege that older employees are mistreated during their performance evaluations. This results in fewer promotions and lower pay than their younger co-workers.
Workers in New York who are considering reporting wrongdoings by their employer may be interested to know that a decision by the U.S. Court of Appeals for the 9th Circuit has broaden the scope of the Dodd-Frank Act. The ruling, which was issued on March 8, 2017, asserted that employees who internally report potential violations of federal securities laws are protected by the whistleblower provisions of the law, regardless of whether they reported the suspected violations to the Securities and Exchange Commission.
New York residents who are looking for a job may be interested to learn that the U.S. Court of Appeals for the 11th Circuit has ruled that a business could refuse to hire someone who has dreadlocks. Essentially, the court argued that traits that are changeable, such as hairstyles, are not protected by discrimination laws even if they are tied to a person's culture.
In 2012, service advisers working at a California Mercedes-Benz dealership sued their employer for being wrongly classified as being exempt from overtime pay. The employees' case was dismissed in 2013 by the district court. Following an appeal by the employees, the 9th U.S. Circuit Court of Appeals reversed the district court's ruling.
Older workers in New York and around the country will regain important workplace protections if a bill introduced by two Republicans and two Democrats is signed into law. The U.S. Supreme Court set the legal bar in workplace discrimination cases higher for older workers in 2009, but passage of the Protecting Older Workers Against Discrimination Act would restore the pre-2009 standards. The bipartisan bill also addresses the type of evidence that may be submitted by older workers who file discrimination claims.
New York residents may have heard about a charge of pervasive harassment levied against Tesla. The employee who filed the charge now works in the company's purchasing department after spending time as a manufacturing engineer in the general assembly department. She claims that she was told that to advance in the company, she would have to meet standards that male employees were not held to.
New York employees may be interested to learn that Sterling Jewelers Inc., a company that operates a number of mall jewelry stores, was accused of fostering a work environment full of sexual discrimination and harassment. Approximately 69,000 current and former female employees of the company are reportedly involved in the class-action arbitration case.