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Long Island Employment Law Blog

Employees claim gender bias against Riot Games

New York employees are generally entitled to a workplace where they are not treated differently based on their gender. According to a lawsuit against Riot Games, female workers were subjected to discrimination and sexual harassment because of that reason The lawsuit was filed by one current and one former employee, and it claims that the company violated the California Fair Pay Act.

According to one of the plaintiffs, the company has a culture that caters to men while disadvantaging female employees. Riot Games has 2,500 employees of which 80 percent are male. Those who complained about the company's sexist policies were either ignored or had their allegations used against them. In a statement, the company said that it takes allegations of harassment and discrimination seriously. It was also noted that the company has gotten rid of several employees who had fostered a toxic culture within the organization.

Workers may not all have the same workplace rights

Those who work as independent contractors lack many protections afforded to employees. They also generally lack many of the benefits that employees are given such as vacation pay and a 401k. In many cases, those who provide services as an independent contractor in New York don't fully know their rights. For instance, one man was terminated from a position at WorldatWork despite receiving favorable reviews from his students.

The 70-year-old claimed that it was an example of age discrimination. However, as a contractor, he was not protected by age discrimination laws that generally apply to employees 40 and over. Workers should not assume that they are independent contractors just because a company says so. The IRS reviews many different factors when it comes to whether a person is a contractor or an employee. This is an important distinction when determining who pays income and payroll taxes.

Nurse called "kinda old" can continue age discrimination suit

Federal law prohibits employers in New York and elsewhere from discriminating against employees due to their age. Despite this, many businesses continue to show bias against older workers.

For example, on Oct. 4, a federal district court in Mississippi ruled that a nurse's age discrimination suit against Anderson Regional Medical Center can go forward. The hospital had filed a motion for summary judgment in its favor. The lawsuit alleges that during the plaintiff's first shift with her assigned supervisor, the supervisor complained that the hospital needed a nurse who "isn't as old as you are." The lawsuit further alleges that the supervisor said the plaintiff was "pretty old to be a part of this team" and called her "kinda old and gray-headed." While the plaintiff received a positive job performance report at her 60-day evaluation, she was terminated after her 90-day probation period was over. She contends she was fired due to her age. Meanwhile, the hospital claims that the plaintiff was let go because she refused to work with other supervisors and didn't take constructive criticism well.

An overview of employment discrimination case timelines

There are many ways in which New York employees and others can be discriminated against at work. People who feel as if their rights have been violated may first need to file an Equal Employment Opportunity Commission (EEOC) charge. It must be filed within 180 days of an event that an individual believes was a violation of employment laws. Once the charge has been filed, the company is notified of the charge.

This will happen within 10 days of the EEOC being notified of the employee's complaint. At this point, an investigation will take place that will determine whether there is cause for the allegation. If there is cause, the conciliation process will begin. Conciliation is a negotiation process that may resolve the issue without the need to go to court, and in some cases, it will lead to a settlement.

New sexual harassment laws begin to take effect in New York

Since the beginning of the #MeToo movement, states have been implementing new policies to protect their workers to prevent any further victims of discrimination. Sexual harassment has been one of the primary focuses of discussion, so the nation is placing more effort into improving the work environment for all genders.

New York has been one of the faster states to pass new sexual harassment laws, so much so that some of them are already in effect without some employers realizing it. It is important to be aware of these new changes so your company will make more efforts towards preventing discrimination as soon as possible.

Age discrimination in the workplace

Older workers in New York who believe that they have experienced age discrimination on the job may have legal recourse. It is important that older workers are able to recognize the signs of age discrimination in the workplace and take the appropriate steps to address the issue.

One indication that age discrimination is occurring in the workplace is that a significant number of older workers are being terminated. It is not uncommon for an employer to fire older workers and hire younger applicants to take their place.

Former airline employee files race discrimination lawsuit

A former employee of Southwest Airlines has filed a lawsuit against the company for race discrimination, alleging in part that his coworkers were allowed to establish a whites-only break room. New York employees might be interested in the details of the case, which was filed in a federal court in Houston. The complaint alleges that black employees were subjected to extreme race discrimination by the airline.

On one occasion, according to the complaint, Southwest employees made a noose out of bungee courts and hung it up at the airport in reference to lynchings of black people. The former employee says he first heard of the whites-only break room in 2013. He alleges that his supervisor was aware of the existence of the break room and failed to put an end to it. The complaint also claims that the former employee was terminated for not reporting damage to a company vehicle, while two employees who are white were not fired under similar circumstances. They were only given notices.

Reporting age discrimination to HR or the EEOC

A survey of older adults conducted by the American Association of Retired Persons indicated that almost 66 percent of respondents had witnessed or experienced age discrimination in the workplace. Only three percent make complaints though, according to the Equal Employment Opportunity Commission. For older workers in New York, it is important to know how to report instances of age discrimination, and what rights they have.

Older women have filed more complaints with the EEOC than men every year since 2010. As recently as 1990, men filed more than twice as many EEOC complaints as women. The Bureau of Labor Statistics has predicted that women aged 55 or older will make up an increasing proportion of the workforce going forward, while the proportion of men aged 55 and older will decline.

ACLU alleges bias by Facebook

According to the American Civil liberties Union, or ACLU, Facebook is discriminating against New York workers and others with its advertising policies. Specifically, the ACLU says that women and those who don't associate with either gender are not being shown ads for jobs. The lawsuit is being brought on behalf of three women who claim that they didn't see ads for jobs in industries dominated by men.

Those who are see employment ads on the site can click on them to see who the ad is targeting. This made it possible to determine that ads for police officers in Greensboro, North Carolina, were targeting men between the ages of 25-35 while excluding others. While Facebook says that advertising cannot discriminate based on gender or sexual orientation, many ads in the complaint either featured photographs of men or no picture at all. The ACLU also claims that the social networking site knew only certain job candidates were able to see advertisements.

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