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 | Jul 13, 2021 | National Origin Anti-Discrimination Practices
The Fine Line Employers Must Walk When Hiring and Firing National origin anti-discrimination practices come into play when an employer is hiring job applicants. While employers cannot hire undocumented immigrants, they also must not discriminate based on national origin. Immigration Reform and Control Act of 1986 (IRCA) According to the IRCA, employers have to verify the work eligibility of employees. Yet IRCA has anti-discrimination provisions that prohibit hiring or firing based on citizenship or national origin status. Some individuals receive protection under the IRCA. Classes of workers protected against discrimination include: S. citizens and nationals Lawful permanent residents (green card holders) Refugees Asylees Navigating the fine line about what you can and cannot ask can be challenging. What You Can and Cannot Ask Job Applicants You cannot treat employees in the above classes differently based on their place of birth, country of origin, ancestry, native language, accent or appearance. Here are questions you can ask, according to the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC): Do you now, or will you in the future, require sponsorship (e.g., H-1B visa status, etc.) to work legally for (company name) in the United States? If you will require sponsorship, do you currently hold Optional Practical Training (OPT)? If you currently hold OPT, are you eligible for a 24-month extension of your OPT, based upon a degree from a qualifying U.S. institution in Science, Technology, Engineering, or Mathematics (STEM), as defined by Immigration & Customs Enforcement? The employer could not ask only one question but would have to ask the applicant all three of the above questions. Deciding you would...
