New York Employment Lawyer Blog

Sports Illustrated reports on June 12 that a former employee of NASCAR has filed a $225 million lawsuit against NASCAR, citing sexual, racial, and gender discrimination.

The plaintiff, a former Nationwide Series inspector, alleges atrocious behavior from her co-workers, alleging that they called her a “Nappy-Headed Ho,” made repeated references to the Ku Klux Klan, and stating that two went as far as exposing themselves to her. NASCAR has suspended the two accused employees without explanation.

The plaintiff called NASCAR an “old boys club” and went to great lengths in describing the insular nature of the company. “They need to stop hiring ignorant sisters, cousins and uncles [of theirs] and start hiring qualified, educated people to work their billion-dollar business,” she said in an interview.

NASCAR has responded, saying that the plaintiff never filed a complaint, and therefore could not blame NASCAR for not being able to stop the behavior. The CEO of NASCAR said that he had not been aware of the situation and the claims would be immediately investigated.

The fact is, racial, sexual, and gender discrimination is never to be tolerated. If you feel as if you have been subject to any of these types of unfair treatment, please feel free to contact us for an initial consultation without charge at which time we would be pleased to discuss your issue.

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Posted In: Employment Discrimination , Gender discrimination , Racial Discrimination , Sexual Harassment

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The 2008 presidential election is extraordinary in many respects. It marks the first time that an African-American, overcoming racial discrimination, has secured the nomination of a major party. It also has had a woman, in spite of an unfair gender bias, advance far beyond anyone’s initial predictions. In addition to these two stereotypes, the New York Sun reported on June 18th about another issue that has permeated the race: the issue of age.

The Republican contender, John McCain, and Barack Obama, the presumptive Democratic nominee, have begun to exchange barbs over the John McCain’s age. The McCain camp alludes to the fact that Obama may be too young, calling him inexperienced. In return, the Obama campaign has suggested that Mr. McCain may be “confused,” or “has lost his bearings.”

Schwartz & Perry’s Managing Partner, Murray Schwartz, commented on the issue in the June 18th edition of the New York Sun, stating “Age discrimination is an insidious, egregious disease. Age should not be a factor in any employment decision that’s made,” he continued. “Not in hiring. Not in firing.”

Mr. Schwartz, while refraining from making any political observations, continued, saying “If someone is going to be ignored as a viable candidate because of age, besides it violating the law, it would be shameful. Experience is a major component of everything.”

Schwartz & Perry specializes in age discrimination suits. If you feel that you have been treated in an unjust manner as a result of your age, please feel free to contact us for a free consultation.

The text of the article can be found at the following link: http://www.nysun.com/opinion/john-lalanne-mccain/80217/.

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Posted In: Age Discrimination , Employment Discrimination , Gender discrimination , Racial Discrimination

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The New York Times reported on June 20th that a Supreme Court ruling has made it easier for older workers to argue that they are being discriminated against based on their age.

The case, which was decided in a 7 to 1 ruling, concerned two dozen workers from a New York federal research laboratory. When the federal government required that the laboratory reduce its workforce, the contractor who ran the lab fired thirty one employees, of whom all but one were over forty.

The plaintiff contended that the language used in the Age Discrimination section of the Employment Act of 1967 put the burden of an age discrimination suit on the employer, rather than on the employee. Justice David H. Souter agreed with the argument, asserting that the employer must provide “reasonable factors other than age” to protect from liability.

This decision is a significant step in protecting older employees from being discriminated against. If you feel that you may have been unfairly treated because of your age, please feel free to contact us for an initial consultation at no cost.

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Posted In: Age Discrimination , Employment Discrimination

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A recent whistleblower case involving the firing of a Catholic school’s principal is set to appear before the Florida Supreme Court, according to a June 16 Daily Business Review article. The case, previously tossed out of the third District Court of Appeals, pits a plaintiff who claims she was wrongly forced out of her job as a principal at a Catholic school in Miami after complaining that her supervisor assaulted her against the Archdiocese of Miami.

The two sides differ on their interpretation of the Church’s domain. The plaintiff believes that she was fired for a purely secular reason; the archdiocese believes the case lies within the Church’s jurisdiction and therefore not subject to the courts’ ruling.

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Posted In: Employment Discrimination , Employment Law

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The 3rd Circuit recently handed down a ruling on what may be one of the first cases of abortion discrimination. A three-judge appellate panel revived Doe v. CARS Protection Plus, which had been dismissed by the lower court, and focused on the question of whether abortion is protected by the Pregnancy Discrimination Act (PDA). Plaintiff Doe reluctantly had an abortion after being informed that her fetus had severe disabilities which would prevent its survival after birth.

In the decision, the Judges noted that the PDA covers “pregnancy, childbirth, or related medical conditions,” and that abortion qualifies as one such related condition. The decision also emphasized the fact that the plain language of the PDA, the legislative history of the Act, and the EEOC guidelines which all support their conclusion that an employer may not discriminate against a female employee because she has had an abortion.

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Posted In: Employment Discrimination , Pregnancy Discrimination

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As the job market shrinks, pregnant employees may be on the front line of layoffs, according to some employment lawyers. Recent statistics show that pregnancy discrimination claims filed with the EEOC and state agencies have been rising at a rapid pace – up an alarming 14% from last year and 40% from 1998. In New York, pregnancy discrimination claims have doubled in the past decade, including a 10% jump last year.

In the past, struggling employers looking to shrink their workforce could look first at pregnant women or new mothers without fear of repercussion. However, the Pregnancy Discrimination Act of 1978 now prohibits an employer from firing, refusing to hire, or denying a promotion to a worker on the basis of pregnancy. This does not translate into special treatment for pregnant workers; instead, it merely removes pregnancy from the realm of factors to be considered in making employment decisions.

Based upon the recent surge of discrimination claims, it appears that pregnant women may be even more vulnerable than before in today’s job market.

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Posted In: Employment Discrimination , Pregnancy Discrimination

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The two recent cases decided by the United States Supreme Court demonstrate that there is a broad consensus among a diverse group of the Justices that retaliation against workers who complain of race discrimination and/or age discrimination is wrong. In a recent case, Chief Justice John Roberts joined Justice Stephen G. Breyer in the majority opinion of a 7-2 vote holding that a provision of the Civil Rights Act of 1866 covers claims of retaliation that follow complaints about racial discrimination.

In another case, Justice Samuel Alito wrote a majority opinion in a 6-3 decision which held that the Age Discrimination in Employment Act protects federal workers from retaliation after complaining about age discrimination. These two cases show the broad support for protection of employees against retaliation in the workplace.

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Posted In: Employment Discrimination , Retaliation

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Employment law issues can arise from seemingly innocuous events. In a recent complaint, Smith v. Thomas and the City of Poplar Bluff, a library assistant alleged that the Poplar Bluff Public Library intentionally discriminated against her based on her religion.

The librarian had refused to participate in the library’s “Harry Potter Night,” which promoted one of J.K. Rowling’s “Harry Potter” novels, on the grounds that the promotion violated her sincerely-held religious beliefs against the worship of the occult. She alleges that as a result, the defendant retaliated by reducing her hours and reassigning her to physically demanding tasks beyond the scope of her regular job description.

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Posted In: Employment Discrimination

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A recent article in the May 28, 2008, New York Times reported on a Supreme Court decision regarding retaliation.

The Court held that a provision of the Civil Rights Act of 1866, section 1981, permits the filing of retaliation claims. Retaliation claims arise when an employee makes complaints to their employer about discrimination, of race, gender, age, and national origin in the workplace and the employer responds with an adverse action. It was also held that this law covers both federal and private employees.

This decision is a significant step in the favor of employees because it provides recognition of the fact that employers cannot “punish” those who speak out against discriminatory acts in the workplace.

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Posted In: Employment Discrimination , Retaliation

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It seems that one cannot look far without seeing something negative related to one's age. These issues do not simply come up in the employment context, it is become a commonly accepted dividing line - either you are "young" or "old." This is seen in everything from campaigns for political office to marketing strategies geared at certain demographics, age is always a significant factor.

It is for these reasons why it is important to be aware of your rights in the employment context and to always be aware - even something seemingly innocuous may reveal something far more significant.

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Posted In: Age Discrimination , Employment Discrimination

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In a recent blog entry, we discussed the prevalence of gender discrimination on Wall Street. This was further demonstrated in a story that was recently covered in many news outlets regarding a multi-million dollar class action settlement involving Citigroup.

As Portfolio.com reports, the action was brought on behalf of female financial advisers who had worked in Smith Barney retail brokerage branches. The nature of the claim was that males were treated differently than females in terms of compensation and business opportunities presented to them.

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Posted In: Employment Discrimination , Gender discrimination

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Over the past several months, we have discussed several significant issues in the field of employment discrimination. We have touched upon everything from evidence in discrimination cases to recent verdicts and decisions to emerging trends and ideas in the field.

But, perhaps, the most significant item that had been discussed were the recent statistics regarding claims filed by employees in the workplace. This means that employees are further realizing and becoming aware of the rights they have against discrimination in all its forms. This is particularly gratifying.

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Posted In: Age Discrimination , Employment Discrimination , Employment Law , Evidence , Gender discrimination , Pregnancy Discrimination , Racial Discrimination , Retaliation , Sexual Harassment , Sexual Orientation Discrimination

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It was not easy to read an article that appeared in the New York Times on May 10, 2008, which related to the transmittal of emails circulated to and from email accounts of at least twenty secret service supervisors.

Although the agency’s position is that they deplore racially insensitive jokes and express disappointment that they were transmitted, the fact is they appear to have been sent and the disappointment that we all feel at learning such information is indeed troubling.

The ease with which written documents are transmitted through email has resulted in loose and thoughtless material being transmitted that has no place in rational and thoughtful communication. The abuse has reached proportions so vast that there is hardly any litigation in which among the significant exhibits are emails that either or both of the parties foolishly transmitted. If we could point to one specific area that requires greater thought and unfortunately, in some instances, more detailed supervision, it would be with the freedom with which emails are transmitted. There is hardly a case tried in a court where emails do not have a material and significant effect.

If we can offer a suggestion with respect to the destructive manner in which emails are so readily exchanged it would be to think seriously about what is being written before your message turns around to haunt you.

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Posted In: Employment Discrimination , Evidence , Racial Discrimination

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A recent news story about a former Weather Channel Anchor Woman and her sexual harassment suit against her former employer has prompted us to take some time in a blog entry to further reflect on the issue of sexual harassment in the workplace.

Sexual harassment, like other types of discrimination, is not something that must be proven with a "smoking gun", there will never be a memorandum sent around encouraging such conduct in the workplace. Rather, this discrimination is done clandestinely, behind closed doors. It is ever important for both men and women in the workplace, to remain aware of their rights and protections under the law with respect to this important issue.

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Posted In: Employment Discrimination , Sexual Harassment

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There is no denying that Gender Discrimination exists in many industries but nowhere more prevalent than on Wall Street. The past ten years have seen more gender discrimination lawsuits brought by women against financial institutions than any other type of discrimination lawsuits and yet the problem persists.

The high power and high paying jobs are still filled predominately by men. Often times women find it challenging to break into that next level because of the glass ceiling that exists and inaccurate stereotypes about women that have been perpetuated for many many years.

The EEOC has reported that the percentage of women in senior positions is the lowest in the securities industry. The EEOC further indicated that it is more difficult for women to gain entry into management positions than their male counterparts.

Despite the lawsuits and the statistics reported by the EEOC, the demographics of Wall Street Firms have not changed much with respect to women. Women continue to be relegated to the lower level, more administrative oriented jobs and are denied the opportunities that men are afforded simply because of their gender. WHEN WILL THIS CHANGE?

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Posted In: Employment Discrimination , Gender discrimination

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A recent bill has passed both the United States House of Representatives and the United States Senate and is awaiting the signature of the President. This bill represents the intersection of anti-discrimination and human rights laws with that of privacy rights.

The issue was discussed in the May 2, 2008 edition of The New York Times. The bill is called the Genetic Information Nondiscrimination Act and it will prohibit both employers and health insurers from discriminating based on the genetic information of individuals. This bill has received broad bi-partisan support and has the possible effect of increased public participation in genetic testing and related fields.

This issue receiving national attention also promotes an increased awareness to the public of possible discrimination by employers, especially, even beyond the scope of genetic information, but because of such protected reasons as race, gender, and national origin.

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Posted In: Employment Discrimination , Employment Law

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The New York Times reported on April 24, 2008 that the US Senate fell four votes short needed to begin consideration of the Lilly Ledbetter Fair Pay Act, named for an Alabama woman, who lost her case against the Goodyear Tire and Rubber Company, because she had not filed her complaint within six months of the initial instance of discrimination.

Ms. Ledbetter had often been paid 40% less than her male counterparts and continues to suffer from that pay disparity in her retirement because that disparity has affected her pension and social security payments. Perhaps this issue may be reconsidered in the next Congress.

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Posted In: Employment Discrimination , Employment Law , Gender discrimination

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A recent article in the National Law Journal of April 28, 2008, was entitled, "Hot Year Predicted for ADA Litigation." This reflects the fact that the Americans with Disabilities Act (ADA) is currently at a point in which many issues related to it are before the courts. Among the significant issues that relate to the ADA are web-site accessability and handicapped vehicle accessibility.

We encourage our readers to view the relevant portion of our website at www.schwartzandperry.com which has a lengthy discussion of disability and perceived disability issues.

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Posted In: Age Discrimination , Employment Discrimination , Employment Law

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Recently, in Zakrzewska v. The New School, 06 Civ. 5463, decided 3/17/08, held that, “Traditionally, New York courts have applied the federal courts’ construction of federal employment discrimination laws in construing the provision of the NYCHRL. Indeed, Section 1 of New York City’s Local Civil Rights Restoration Act of 2005 makes clear that the construction of federal and state civil rights legislation with language comparable to that of the NYCHRL acts ‘as a floor below which the City’s Human Rights law cannot fall, rather than a ceiling above which the local law cannot rise.’”

We most respectfully suggest that all our colleagues remain mindful of the New York City Local Civil Rights Restoration Act of 2005 so that they may appropriately and effectively point out that our courts have given effect to the language and intent of the Restoration Act.

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In a recent decision, in the case of Weiss v. Morgan Stanley, 05-cv-3310, the Court clearly pointed out that, “A plaintiff may prevail on a claim for retaliation even when the underlying conduct complained of was not in fact unlawful so long as she can establish that she possessed a good faith, reasonable belief that the underlying challenged actions of the employer violated [the] law.”

It is, therefore, essential that we keep in mind the fact that, although, the plaintiff may prevail in the underlying discrimination claim, there is a reasonable basis to pursue a retaliation claim so long as th