New York companies that fail to adhere to federal employment laws and regulations could be sued by the Equal Employment Opportunity Commission on behalf of the employees who have been discriminated against. In addition to providing workers with legal representation following discrimination incidents, the EEOC also investigates a dozen different kinds of discriminatory behavior.
Many companies in New York engage in subtle or overt age discrimination. When an employer assumes that older workers have less energy and motivation than younger workers, these assumptions can result in unfair hiring practices. Older workers are often turned down for jobs because employers believe that they are nearing retirement and in poor health.
New York is home to many foreign nationals who have legal permission to work in the United States. If an employer discriminates against an employee or applicant for employment based on national origin, the company is in violation of Title VII of the Civil Rights Act of 1964. National origin discrimination may occur even if an employer is mistaken about an employee's country of origin.
New York residents may be interested to know that a Nevada school district was not allowed to prevent a transgender male police offer from using a men's restroom. According to an Oct. 4 ruling from a U.S. District Court for the District of Nevada, the ban was sexual discrimination against the officer. The decision backed the EEOC's interpretation of Title VII of the 1964 Civil Rights Act that transgender employees should use the bathroom that conforms to their chosen gender identity.
Black youth in New York who are trying to find employment are likely to face discrimination. A new study shows that half of all black young people face job-related discrimination both in their work search as well as at their workplaces.
Employers in New York and around the country may be aware that the U.S. Department of Labor has designated October National Disability Employment Awareness Month. While allegations of sexual or racial harassment tend to receive the lion's share of the headlines dealing with workplace discrimination, data from the Equal Employment Opportunity Commission reveals that about 30 percent of the workplace discrimination claims received by the agency in 2015 were filed by or on behalf of disabled workers.
A nationwidestudy by nonprofit group StartOut, which has an office in New York City, looks at discrimination against LGBTQ entrepreneurs. One of the main findings was that 28 states allow workers to be fired simply for being a part of that community. This has caused members of the LGBTQ community to move out of states that have what could be seen as anti-gay policies.
New York workers might face discrimination in a number of ways based on their gender, age, religion or race. A recent ruling from the U.S. 11th Circuit Court of Appeals, however, shows that proving a discrimination case can be difficult. A unanimous decision from the three-judge panel rejected the claim that the company discriminated against the woman on the basis of race when her job offer was contingent upon cutting off her dreadlocks.
In August 2016, the jobless rate for workers age 55 or older was 3.5 percent. However, that figure may not represent reality for millions of older people who are seeking full-time work. When part-time workers who are seeking full-time work or the unemployed who have given up on finding a job are included, the real unemployment figure for older workers is 8.7 percent. This is according to Schwartz Center for Economic Policy Analysis at the New School in New York City.
Workers in New York may have heard about workplace discrimination regarding age, gender, race or religion. However, there is also associational disability discrimination that is addressed by the Americans with Disabilities Act. This type of discrimination applies to a person denied employee rights because they must care for a disabled family member.