by Stephen D. Hans | Apr 23, 2024 | Disability Discrimination, Discrimination for Sexual and Reproductive Health Decisions, Employment Discrimination, Employment Discrimination Based on Immigration, National Origin Anti-Discrimination Practices
Workers Now Have Three Years to Seek Redress after Workplace Discrimination In any legal matter, when you look to the courts for a remedy, you must comply with the statute of limitations, which identifies the length of time within which you must file your complaint with the court. If you fail to take action within that prescribed period, the chances are strong that you’ll be prohibited from any type of recovery. There are compelling reasons for this rule: It ensures that any dispute is resolved while memories remain fresh It minimizes the risk that evidence will be lost or that witnesses will die or disappear It ensures that a potential defendant won’t have the threat of legal action hanging over his or her head indefinitely In the state of New York, until earlier this year, the statute of limitations for a claim of unlawful discrimination in the workplace was one year. Effective February 15, 2024, that period has been extended to three years, similar to the statute of limitations for sexual harassment claims. What Types of Discrimination Are Illegal in New York? As an employer in New York, you may not discriminate against a worker or employee based on any of the following factors: Race, color or creed Gender, gender identity or sexual orientation National origin, alienage or citizenship status Age or perceived age Disability Marital or partnership status Pregnancy, childbearing or caregiver status Arrest or conviction record How Is an Unlawful Discrimination Claim Filed in New York? An employee may opt for one of three methods for initiating a wrongful discrimination claim: The New York Division of Human...
by Stephen D. Hans | Oct 24, 2022 | Disability Discrimination
FAQs about the Americans with Disabilities Act (ADA) Disabilities discrimination at work is something all employers want to avoid. Often, having more information is instrumental in helping you do this. The following are frequently asked questions that employers have about accommodating workers with disabilities and other ADA related matters. How do you know if a worker has a disability? Under the ADA, an employee has a disability if they have a physical or mental impairment that substantially limits them. Examples of substantial limitations include impairment that limit activities such as: Seeing Hearing Speaking Breathing Performing manual tasks Walking Self-care Learning Working In addition, a mitigating measure may disqualify them as disabled. A mitigating measure is something that helps the individual to the extent that they can perform the major life activity without substantial limitation. An example would be a person who is hard of hearing, but wearing hearing aids enables them to hear well. Must the disabled person be able to perform the job? Yes. The ADA does not prevent the employer from hiring the best qualified job candidate. As an employer, you must know what the essential functions of the job are. You will base the job requirements on: Educational background Employment experience Skills Licenses Other job-related standards If the applicant can perform the essential job functions with reasonable accommodation, then they could be a qualified applicant. What responsibility does an employer have to provide reasonable accommodations? Reasonable accommodations allow disabled workers to perform the job equal to those without disabilities. Examples of reasonable accommodations include: Modified equipment or devices Restructuring jobs Allowing part-time or modified job schedules...
by Stephen D. Hans | Sep 21, 2022 | Disability Discrimination
Proper Management Can Avoid Disability Discrimination Disability discrimination is illegal under the Americans with Disabilities Act (ADA). In fact, under the ADA, employers must make reasonable accommodations for employees with disabilities. A manager at a Michigan thrift store owned by the Salvation Army chastised a cashier for his mental and physical disabilities. The Equal Employment Opportunity Commission (EEOC) sued on behalf of the employee. Details of the Disability Discrimination Case Against the Salvation Army During the employee’s initial interview, an employment coordinator from Michigan Ability Partners accompanied the employee and informed the store manager of the employee’s disabilities. Based on the interview, the employee would have a job coach present to assist him during his probationary period. The period would last 90 days. After 60 days, the employee had successfully completed his period of probation. However, the store replaced the manager who had hired the employee with a new manager. The new manager discriminated against him based on his disabilities by: Chastising him for involuntary disability-related movements Refusing to allow additional job coaching Disciplining him for minor errors The employee was fully capable of working as a cashier, which he had done successfully prior to the new manager assignment. His mistreatment violated the ADA. However, after hiring new cashiers, the manager fired the employee. The EEOC’s actions taken to seek retribution Through its conciliation process, the EEOC first attempted to reach a pre-litigation settlement. When that attempt failed, it filed a lawsuit. The lawsuit is seeking the following on behalf of the employee: Back pay Front pay Compensatory damages Punitive damages Injunctive relief to prevent future discrimination As an...
by Stephen D. Hans | Dec 10, 2019 | Disability Discrimination
The Americans with Disabilities Act (ADA) Provision About Association Disability discrimination based on association is a type of discrimination that you may not be aware of as an employer. Yet, it is vital that you understand it and take legal measures to prohibit it in your workplace. If you do not, you could be held accountable in a discrimination dispute or lawsuit. What Is Disability Discrimination by Association? The Equal Employment Opportunity Commission EEOC advises employers against taking action based on assumptions or biases toward employees who associate with people who have disabilities. The following are examples of discrimination based on association: Refusing to hire an applicant who has a disabled child and assuming that the employee would miss work or would not be dependable Terminating the job of an employee because of a relationship with a person who is HiV-positive due to fear that the employee would contract the disease Health care coverage denial to an employee because of a disabled dependent What Does the ADA Consider as Association or Relationship? The association does not have to be with a family member, but could be a relationship with anyone else as well. The issue is whether the relationship influences the employment decision being made. What Types of Employment Related Decisions Does the ADA Prohibit? Association based on disability should not influence the employer in making decisions about: Hiring Promotion Termination Health care benefits Employee benefits Hours and Wages (part-time or full-time jobs) Job positions The ADA applies to employers with 15 or more employees. However, the NYC Commission on Human Rights also has a provision for disability association...
