Companies all across the country use criminal background checks and pre-employment physicals as a part of the hiring process. How these screening are conducted may concern employment law attorneys in some circumstances. Companies should not have carte blanche to use these processes in ways that can have a disparate impact on groups of people. Laws are in place that may give some workers relief when an employer crosses the line in its pre-employment screenings.
A former teacher a prep school on Manhattan’s Upper West Side has filed a wrongful termination lawsuit against the school. The lawsuit includes a variety of issues, but generally alleges unlawful discrimination based upon gender and sexual orientation.
In October 2009, a woman in the Midwest was diagnosed with stage IV cervical cancer. She called her supervisor with the news, and says that she also hoped to continue working as she fought the disease. She had hoped that she could take a different job with her employer that may be less demanding. She was worried about the physical demands of her full time job, and during the phone conversation, she says that she asked about other work.
Five women have said for several years that the New York City Fire Department has a glass ceiling for women. The five Emergency Medical Service officers claim that promotional opportunities for women within the department are impeded due to discriminatory reasons. The women have been pursuing a sex discrimination lawsuit against the city, arguing that a pattern of discrimination exists in the department.
A federal appellate court has ruled that a new mother who wished to express milk after returning from maternity leave may pursue her employment discrimination lawsuit. The trial court had dismissed the lawsuit finding that lactation after giving birth is not sufficiently related to pregnancy, childbirth or a related medical condition.”
Worker’s rights laws have been in place in New York and at the federal level for years, aimed at eliminating discriminatory practices in the workplace. Employers are prohibited from discriminating against workers in a wide variety of areas, including discrimination based upon race.
A senior sales rep with Merck and company says that the pharmaceutical company systematically discriminates against women. She says in a workplace discrimination lawsuit that the drug maker does not give female workers the same kinds of employment opportunities that men receive.