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Workplace Discrimination Archives

The importance of documentation in employment cases

When discussing employment law issues, such as sex discrimination or retaliation, we often mention the significance of documentation to a case. While the media often likes to highlight what it may view as baseless claims, in reality, there are likely as many or more meritorious claims that are dismissed due to lack of evidence than there are innocent employers forced to pay unfair claims.

Why is there still a gender pay gap?

In the U.S., a basic tenet of the culture is that we live in a land of opportunity. With that opportunity comes the assumption of fairness. That if you work hard, you will be rewarded for that work. And one of the basic assumptions is that if you do the same work as another person and do it as well, you should be equally well compensated.

The ADA: What is it, and how does it protect disabled workers?

In a blog post from earlier this summer, we related some of the singular considerations attached to workplace discrimination against workers with disabilities. We noted in our June 24 post entry that it can be "very easy for an employer to either actively discriminate against [disabled workers] by refusing to hire or promote them for specific jobs or deny them opportunities in more subtle ways."

New York City prohibits credit checks of job seekers

Employment discrimination is somewhat like the electronic game involving a mole, where every time you hit a mole in a hole, another mole pops up in a different hole. One reason the Civil Rights Act of 1964 has been amended so many times over the last 50 years is that as one area of discrimination is reduced, other types of employment discrimination become more apparent.

New York will test employers on hiring discrimination

Employment discrimination can be difficult to show when it occurs during the hiring process. While it may be obvious if no women are ever hired by a certain employer, it is difficult for an individual to have a sense that they were denied a job because the employer discriminated against them due to some protected status.

Pregnancy guidance updated by EEOC in light of Young case

Workplace discrimination is sadly still alive and well in the U.S. and one of the more fertile grounds for discrimination is that resulting from pregnancy. Some apparently still question why women would want to work outside the home and seem to believe that discrimination against pregnant women is not really discrimination.

Man appeals disability discrimination case

Disability discrimination is one of the more difficult types of discrimination cases to prove. Because a worker already has characteristics that limits some of their workplace activities, it is very easy for an employer to either actively discriminate against them by refusing to hire or promote them for specific jobs or deny them opportunities in more subtle ways.

When should you appeal a discrimination case?

One of the more difficult decisions to make in the life of a discrimination lawsuit is determining when to stop. If you win a case in the New York Supreme Court, the state's trial court, it is easy to congratulate yourself, your attorney and their legal team. If the decision is not as favorable, you have to decide if you are able to appeal to the Appellate Division; the determination can be rather complex.

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