Statistics indicate that employment discrimination may be on the rise. The National Partnership for Women & Families has issued a report showing an increase of charge filings with the Equal Employment Opportunity Commission ("EEOC").
Continue reading "EEOC Filings on the Rise" »
On September 25, 2008, President Bush signed the ADA Amendments Act of 2008 ("ADAAA") into law. As stated in prior blog entries, the amendment makes substantial changes to the Supreme Court's restrictive readings of disability discrimination protections.
Continue reading "Americans with Disabilities Act Amendments Act of 2008 Becomes Law" »
Last fall, the Equal Employment Opportunity Commission (EEOC), filed a pregnancy discrimination claim against Bloomberg LP based upon complaints received from three employees. Since that time, the number of women charging Bloomberg LP with pregnancy discrimination has increased to 72. According to New York Magazine, that number constitutes about one in seven of the employees who became pregnant in the last six years. Although Bloomberg LP referred to the initial filing as a "publicity stunt," the increase in the number of employees alleging sexual discrimination renders that characterization extremely difficult to sustain.
On September 17th, the United States House of Representatives passed the Senate version of the Americans with Disabilities Amendments Act ("ADAA"). The bill has now been sent to President Bush, who states that he will sign it. The amendments reflect the broadest changes to the Americans with Disabilities Act ("ADA") since its enactment in 1990.
Continue reading "House Passes Senate Version of ADA Amendments Act" »
In June 2008, the House of Representatives passed the ADA Amendment Act of 2008. (See Proposed Amendments to ADA Restore Disability Discrimination Protections, June 28, 2008.) Yesterday, the Senate unanimously passed its own version of the ADA Amendment Act. A conformed version will be submitted to the President for signature within the next several weeks.
Continue reading "Senate Passes ADA Amendment Act of 2008" »
The proposed Employment Non-Discrimination Act ("ENDA") is a federal bill intended to address employment discrimination by making it illegal to fire, refuse to hire or promote employees based upon their sexual orientation. An earlier version of the bill sought to include protection from gender identity discrimination. That provision was stripped from the bill due to a lack of support in the House of Representatives for transgender protection. On November 7, 2007, the House passed ENDA by a vote of 235-184. Currently, ENDA awaits introduction to the Senate.
Continue reading "Proposed Employment Non-Discrimination Act Awaits Further Action in Congress" »
Under the American Disabilities Act (ADA), it is a violation of an employee’s federally protected rights for an employer not to make reasonable accommodations for known physical or mental limitations of an employee, or job applicant, who is otherwise a qualified individual. 29 C.F.R. § 1630.9(a). The ADA requires that an employer engage in an interactive process with an employee to determine the extent of a reasonable accommodation that will permit an employee to perform the essential functions of a job. The United States Court of Appeals for the Second Circuit recently ruled in Brady v. Wal-Mart Stores, Inc. that an employer’s duty to make a reasonable accommodation is triggered when it knows or has reason to know that an employee suffers from a disability, and not just when an employee provides notice of a disability or requests an accommodation. The Second Circuit covers New York, Vermont and Connecticut.
Introduced and passed, 402 to 17, in the House of Representatives, the ADA Amendment Act of 2008 is geared to the restoration of the intent and protections of the American with Disabilities Act of 1990 (ADA). Operating from the position that “physical and mental disabilities in no way diminish a person’s right to fully participate in all aspects of society,” Congress passed the ADA with the intent to broadly eliminate “prejudice, antiquated attitudes, [and] the failure to remove societal and institutional barriers” that have frequently precluded persons with disabilities from fully engaging in society. Plainly put, the ADA Amendment Act will restore protections against disability discrimination to a broader range of individuals.
Continue reading "Proposed Amendments to ADA Restore Disability Discrimination Protections" »
Federal civil rights are useless if they cannot be enforced. Recently, in CBOCS West, Inc. v. Humphries, most of the Supreme Court agreed ruling that employees could bring retaliation claims against their employers under The Civil Rights Act of 1866, 42 U.S.C § 1981 (“Section 1981”). What brings controversy to this decision is that the text of Section 1981 does not state that it includes claims of retaliation for employee complaints of race discrimination.
Mauricia Grant, a former employee of NASCAR, filed suit alleging 23 specific instances of sexual harassment, as well as 34 instances of racial and sexual discrimination.
According to Grant, she complained to her supervisors of the discriminatory treatment on multiple occasions, but her complaints were ignored. She alleges in her complaint that her supervisor even participated in the discriminatory conduct. At a press conference, Brian France, NASCAR's CEO, faulted Grant for allegedly not following internal harassment complaint procedures.
The civil action seeks $225 million in damages.
Navigating the different statutes applicable to employment discrimination can be daunting. Prior to meeting with an attorney, you can familiarize yourself with the laws that may apply to your situation. Of course, you should consult an attorney regarding your own individual situation.
(a) Scope
The New York State Human Rights Law (“NYSHRL”) applies to employers with four or more employees. Under certain circumstances, individual supervisors may also be sued under the NYSHRL.
The NYSHRL prohibits discrimination based on age, race, color, religion, national origin, sex, sexual orientation, disability, genetic predisposition or carrier status, marital status, and previous arrest record. The NYSHRL also prohibits retaliation for making good faith complaints of employment discrimination.
Continue reading "Primer on The New York State Human Rights Law " »
