The Equal Employment Opportunity Commission alleges that the private employers involved in two lawsuits committed sexual-orientation discrimination. New York workers may know that there is a split among federal courts over whether Title VII of the Civil Rights Act of 1964 prohibits this behavior.
In the 2015 fiscal year, the U.S. Equal Employment Opportunity Commission received 89,385 charges of workplace discrimination. Retaliation claims were the top concern raised in fiscal 2015, and charges of retaliation increased almost 5 percent from 2014 to 44.5 percent of all claims. In addition, disability charges were up 6 percent in 2015, and it was the third-leading charge during that year with 30.2 percent of all claims. The 2015 fiscal year began on Oct. 1, 2014, and it ended on Sept. 30, 2015.
Gay and lesbian employees in New York and throughout the United States may already be protected against discrimination by Title VII of the U.S. Civil Rights Act of 1964. An employee of the Federal Aviation Administration filed a complaint with the Equal Employment Opportunity Commission in the summer of 2015 saying that he had faced a hostile environment and did not receive promotions because he was gay. The EEOC ruled that this type of discrimination was illegal based on Title VII, and the man was given 90 days to file a lawsuit.
New York employees may be please to hear that the Equal Employment Opportunity Commission is fighting to have sexual orientation be protected under Title VII of the Civil Rights Act of 1964. The EEOC argued that, although Title VII does not specifically name sexual orientation as a protected class, sexual orientation is in fact sex discrimination, which is protected under that federal law.
Employment discrimination can be a challenging area for New York employers as well as for their employees. Some of the most obvious areas of interest involve age and disability issues on the job, matters that can lead to legal problems for an employer who is not cautious in handling the dismissal of an employee in one of the protected categories. However, the Employee Retirement Income Security Act also provides certain protections for workers with regard to their employment benefits, and dismissals based on an employer's effort to deprive a worker of these benefits could fit into the category of discrimination.
Employers in New York are prohibited from discriminating against older workers because of their age. Under the Age Discrimination in Employment Act, workers over the age of 40 are legally protected from age discrimination. Despite the employment laws that were set up to prevent age discrimination, older workers often feel that they are turned down for jobs and promotions because employers prefer to hire younger workers.
Workers in New York and throughout the United States are protected from discrimination on the basis of religion. Unfortunately, discrimination in hiring and advancement continues to take place. In addition, some individuals may be subjected to a hostile workplace due to discriminatory attitudes demonstrated by management and coworkers alike.
A former employee of Con Edison in New York has filed a harassment and discrimination complaint against the energy utility provider. According to the plaintiff, she was harassed and discriminated against by her supervisors and coworkers because she is a black woman.
Although the Americans with Disabilities Act prohibits discrimination against employees or potential employees based on medical conditions, New York cancer survivors seeking work might wonder about how their medical history will be viewed by prospective employers. A 2015 study conducted in the southern part of the nation may provide a clue. Although the study did not identify the violation of any actual laws, a significant bias toward cancer survivors was observed in the retail industry.
Employers in New York and around the country routinely discriminate against disabled job applicants, according to the results of a study published on Nov. 10 by the National Bureau of Economic Research. The nonprofit organization came to this conclusion after sending out over 6,000 fake applications to accounting firms. Applications that mentioned no disability were responded to about 26 percent more often than those revealing either Asperger's Syndrome or a spinal cord injury.