Currently, employees in the fast-food industry, like employees in every other industry in New York City, are considered “at-will” employees. That is, they can be fired for any lawful reason, or no reason at all. However, at-will employment in New York City’s fast-food industry is slated to come to an end this summer. An ordinance […]
At-Will Employment Challenged by New York City Ordinance Read More »
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued much-anticipated guidance to employers regarding mandatory Covid-19 vaccines in the workplace. In its new guidance, the EEOC states that it does not consider vaccinations to be “medical examinations”, which require special justification under the Americans with Disabilities Act (ADA). This clears the way
New York City’s Fair Chance Act went into effect on October 27, 2015. It is now illegal for most NYC employers to deny employment based on an applicant’s criminal record. This law bans ads specifying things like “no felonies” or “background check required”, and further prohibits questions about criminal history on job applications and during
NEW YORK CITY’S NEW FAIR CHANCE ACT Read More »
The Equal Employment Opportunity Commission (EEOC) marked its 50th anniversary in 2015. In August, the EEOC published “American Experiences Versus American Expectations,” a report documenting changes in employee demographics since 1965 and using data through 2013. The full report, available on the EEOC’s website, details a number of changes over nine job categories for women, African
An employee has won the right to “discover” allegedly harassing e-mails her supervisor sent while they worked for a former employer. Facts Andrea Gogel sued Kia, alleging it failed to promote her because of her race and gender. She also claimed that Kia later retaliated against her for filing complaints. Although she didn’t directly sue her supervisor, Randy Jackson, she
EMPLOYEE WINS RIGHTS TO OBTAIN SUPERVISOR’S E-MAILS Read More »
In a rare case, last week the Office of Federal Contract Compliance Programs (OFCCP) announced an audit settlement with federal contractor Goodwill Industries of Southern California in a matter alleging systemic discrimination against men. In a statement, OFCCP stated “Goodwill’s hiring process favored female applicants for entry-level positions as attendants at local donation centers, in
FEDERAL GOVERNMENT SETTLES MATTER ALLEGING DISCRIMINATION AGAINST MALES Read More »
Overriding a veto from Mayor Michael Bloomberg, the New York City Council has passed a bill amending the New York City Human Rights law to prohibit employment decisions based on an applicant’s ”unemployment” status. In addition, the bill also prohibits employers from posting job listings that list current employment as a prerequisite for any job.
NEW YORK CITY PROHIBITS HIRING DECISIONS BASED ON UNEMPLOYMENT STATUS Read More »
The Equal Employment Opportunity Commission (EEOC) has been pursuing employers whom it believes overstep legal boundaries when conducting criminal background checks. This is a cause for concern for employers, since an estimated ninety-two (92%) percent of organizations conduct criminal background checks on their applicants. Two recent settlements make it clear that if your company has
The Equal Employment Opportunity Commission (EEOC) recently obtained a $50,000 settlement on behalf of an employee for America’s Thrift Stores of Alabama who allegedly was refused a reasonable accommodation and fired because of her chronic illness, degenerative joint disease. The EEOC claimed that the employee had a good work record, but once she requested accommodations
CHRONIC ILLNESSES AS DISABILITIES Read More »
A Brooklyn Federal Court Judge recently ordered a employee who is suing her former employer for sexual harassment to produce, as part of that litigation, certain social media communications and photographs. In Reid v. Ingerman Smith, the former employee is alleging that she was sexually harassed at her former workplace, which is a Long Island