Articles Posted in Employment Discrimination & Employee Rights

To snoop or not to snoop, that is the question. Whether or not to review an applicant’s various social networking sites (“SNS”) prior to making a hiring decision or monitor an employee’s SNS when making an employment decision goes beyond conventional wisdom; there are significant potential legal risks, vis-a-vis certain federal, state, and local laws, that employers should be aware of before making the decision to look at SNS. Our Award Winning New York Employment Attorney discusses some considerations below.You should contact an experienced attorney to discuss your specific questions.

As discussed in yesterday’s blog post, employers may believe it necessary to review employees’ SNS in order to protect trade secrets and proprietary information, to comply with certain regulations, or simply as a preventative measure in order to keep the employer from being exposed to legal liabilities. A simple post on Facebook by a hospital employee may violate HIPAA. A tweet on Twitter about a restaurant manager’s alleged criminal history may defame the manager, embarrass the company, and lead to disciplinary issues in the workplace.

More and more Americans use social media than ever before – both on and off the job. In the past several years, some employers have been demanding that employees connect their personal social media accounts (such as Facebook, LinkedIn, and/or Twitter) with the employer as a condition of employment. Some employers have even mandated that employees and applicants turnover their private usernames and/or passwords. This has raised some privacy concerns for lawmakers across the country. Our Award Winning New York Employment Attorney discusses some pending legislation here in New York that addresses some of those concerns. Keep your eye on our blog to keep abreast and get general information on developments as they happen.

Employers have argued that accessing employees social media accounts is necessary in order to protect trade secrets and proprietary information, to comply with regulations, or simply as a preventative measure in order to keep the employer from being exposed to legal liabilities.

Can your boss fire you from your private sector job because you actively campaigned for a Democrat candidate (e.g., Hillary Clinton) or Republican candidate (e.g., Donald Trump)? This is a timely topic given that it’s election season and politics are often discussed at work. In general, the short answer is no. This blog discusses Section 201-d of New York Labor Law sometimes colloquially referred to as the Lawful Recreational Activities Law.

Our Award Winning New York Employment Attorney has advised and counseled clients on their off duty activities and the right to be free from discrimination.

Section 201-d expressly states that employers cannot discriminate against an employee for “legal recreational activities outside work hours.” The term “recreational activities” is defined as “any lawful, leisure-time activity, for which the employee receives no compensation and which is generally engaged in for recreational purposes, including but not limited to sports, games, hobbies, exercise, reading and the viewing of television, movies and similar material.” Some examples of recreational activities can include smoking cigarettes, hunting or protesting. The law also protects an employee’s right to engage in legal political activities. It is important to note that the answer to the question posed above would be different if the employee was campaigning for a candidate at work because in order for the protections for the law to apply the recreational activities must occur off work premises, outside of work hours and without use of the employer’s property (e.g., copy machines).

Our Award-Winning New York Employment Law Attorney is often asked to speak on the topic of disability discrimination and reasonable accommodation in the workplace. In general, if an employee is disabled under the applicable law and puts the employer on notice of such disability and the need for a reasonable accommodation to perform his or her own duties, the employer may be required to engage in the interactive process to determine if a reasonable accommodation can be made. A typical accommodation case maybe where a secretary develops carpal tunnel syndrome, he or she may ask her employer for a gel pad to lessen any discomfort associated with typing or request a change in duties provided an undue burden is not placed on the employer. This blog post discusses a recent case and it is not intended to provide specific legal advice – each case is unique. You should consult an experienced employment lawyer to learn your rights and options you may have as an employee or your obligations, best practices and defenses you may have as an employer.

In conclusion to a near two-year litigation, the EEOC’s lawsuit again Chemical Transportation, Inc. (CTI), a trucking company, highlights the need for businesses to insure that all supervising and decision-making staff are trained on their obligations with respect to reasonable accommodations for employees with disabilities under all federal, state, and local discrimination laws.

With New York State Attorney General Eric T. Schneiderman by her side, Chief Administrative Officer of Major League Soccer (MLS) JoAnn Neale announced in March 2014 that the sports organization was stepping up its efforts to prevent harassment and discrimination based on sexual orientation both on and off the field. The initiative, titled “Don’t Cross the Line,” will become effective at the start of the 2014 soccer season.

If you are the victim of harassment or discrimination based on sexual orientation in the workplace, our Award-Winning New York Employment Lawyers can advise you of your rights. Additionally, if you are an employer seeking guidance about your obligations to keep your company free of harassment and discrimination, our law firm can provide counsel on such matters, including code of conduct policies. To make an appointment for a confidential consultation, call our office at (800) 893-9645. Meet our Lead Employment Lawyer by clicking here.

According to Neale, the MLS is taking several steps to strengthen its existing anti-discrimination policies as they relate to sexual orientation. First, the League is revising company manuals and expanding training programs for players and other employees about discrimination and harassment. In addition, the MLS is making it easier for employees to make a harassment or discrimination complaint by creating a single point of contact who will handle such issues. Moreover, the MLS will revise its Player Code of Conduct to make it clear that anyone who files a discrimination complaint or assists in such an investigation will not face retaliation.