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New York Employment Discrimination Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for New York on
Q: How does the process for pre-employment drug screening work with marijuana for remote work positions?

I received a offer from United Health Group and the preemployment process has a standard drug screening which includes marijuana. I reside in NYS. Would my offer be rescinded if the drug test comes back with positive marijuana if the employer resides outsides of NYS?

V. Jonas Urba
V. Jonas Urba answered on Oct 31, 2021

No more Cannabis testing in New York except in special circumstances. See this link:

https://www.ny1.com/nyc/all-boroughs/politics/2021/10/22/new-york-employers-are-banned-from-testing-most-workers-for-weed

Apply for the job honestly. Complete all questionnaires, etc... honestly....
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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: How to look up Equitable Estoppel Employment Cases that was successful in relation to plaintiff mental illness

Statue of limitations ran out but knew evidence has surface and plaintiffs want to file action against former employer, to reopen retirement pension fund

V. Jonas Urba
V. Jonas Urba answered on Oct 17, 2021

A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees.... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can a school district put you on unpaid leave without it being in contract for refusing Covid-19 weekly testing

We were given a letter this week to submit for weekly Covid-19 testing starting next week in we are unvaccinated. A few of us bus drivers are refusing for various reasons and concerns. We were told they would put us on unpaid leave for refusing. I read that they cannot do this if it's not in... Read more »

V. Jonas Urba
V. Jonas Urba answered on Oct 15, 2021

It's a public safety issue like wearing seat belts although you can't see the potentially deadly nature of the virus.

If you have a strongly held religious belief from a recognized religious group or organization speak with those authorities about an exemption. If your physician...
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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: My manager changed my schedule while I was on vacation, which resulted in my termination. Is there anything I can do?

A couple years back I worked for wal-mart. I took a week long vacation with one of my friends/coworkers to another state. We both put in for the week off and we both got it approved. When we got back I noticed my manager changed my schedule so I would be a no call no show. I worked for the company... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 29, 2021

While this situation sounds very unfair, it is not unlawful for your employer to change your schedule at any time for any reason, even if this results in your termination. However, I imagine you would have been entitled to unemployment benefits if you could demonstrate that you had already been... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: My boss hasn’t enforced a provision regarding promotions in over 25 years. They now r. It hurts women. Discrimination?

My school district hasn’t enforced a provision on teacher advancement in terms of salary in over 25 years. A new HR director is making it a point to enforce it, and is denying salary differentials for teachers who have more than a Masters degree coming in. Furthermore HR has decided teachers... Read more »

Derek John Soltis
Derek John Soltis answered on Sep 27, 2021

You should talk with an employment lawyer. It sounds like discrimination to me. If the only people it has been enforced on are two black woman that is insane.

1 Answer | Asked in Employment Law, Constitutional Law, Education Law and Employment Discrimination for New York on
Q: I submitted a religious exemption that was neither approved nor denied. My job refuses to provide any accommodations

Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 22, 2021

Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: What are the risks/benefits for resignation verses being laid off or terminated?

I'm a Healthcare provider in NYS and do not want to be vaccinated. I am being asked to resign. What are the risks/benefits for resignation verses being laid off or terminated? I understand I will not get unemployment

Rhiannon Herbert
Rhiannon Herbert answered on Sep 14, 2021

The main benefit of resignation is that you will not have a termination on your record. For example, when applying for new jobs, many job applications will inquire as to whether you've ever been terminated from a previous job. By resigning in lieu of being terminated, you will avoid any... Read more »

1 Answer | Asked in Employment Discrimination for New York on
Q: Looking for some clarification regarding to this document. It’s seems to be an adjustment request to a existing law?

Face Coverings for COVID-19 Prevention Effective date: 8/27/21

Pursuant to the authority vested in the Public Health and Health Planning Council and the Commissioner of Health by Sections 201, 206, and 225 of the Public Health Law, Title 10 (Health) of the Official Compilation of Codes,... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 1, 2021

Not sure what your question is. The regulation/law seems clear, plain, unambiguous. It seems to speak for itself:

2.60. Face Coverings for COVID-19 Prevention

(a) As determined by the Commissioner based on COVID-19 incidence and prevalence, as well

as any other public health...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: I won a settlement. I don't agree with the settlement amount. Can my lawyers go back for more money?
Michael D. Birchmore
Michael D. Birchmore answered on Aug 30, 2021

While it might be unlikely, you should discuss with your attorneys who actually know all the facts of your situation.

2 Answers | Asked in Bankruptcy, Employment Law, Workers' Compensation and Employment Discrimination for New York on
Q: Suspended without pay for extended amount of time

I have been suspended from my workplace for almost a month due to a security breach. My account was used to make administrative changes to our users via a vpn connection. Upon looking further into my home network I realized an unknown user has accessed my incoming connection Keylogged my system,... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 11, 2021

Your employer is not violating the law by keeping you on a leave of absence while the police investigate the security breach. Unfortunately, there is not much you can do in this situation besides wait.

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2 Answers | Asked in Immigration Law, Employment Law, Civil Rights and Employment Discrimination for New York on
Q: My job asked me to share my college transcripts & diplomas to submit to U.S. immigration to help a new hire get a visa.

I work in NYC, at will, salaried. My employer requested that I share my diploma and transcripts so that they can share them with immigration officials to help a new hire get a work visa. My employer did not indicate that the request was optional. Can they legally request that? Can they share my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 26, 2021

The USCIS has gotten extremely obnoxious to employers for H1-b visa applications. The unrighteous restrictions placed upon lawful non-immigrant/immigrant employment visa applicants smothers the U.S. economy due to bigotry and ignorance. They used to allow 200,000 H1b visas in the 1990s, but it... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: If a person applies for a job and they are called for an phone interview for that company and Human Resources advises

that they interested in you and you follow all protocol by staying in touch etc. Then they decide to tell you the position has been filled and then you find out they reposted the job. Is there any bias here because they show interest in you and they tell you they filled the position and now it is... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jun 22, 2021

Why not apply for the reposted position?

Many say that it is a very tight job market. An employee's choice. The candidate they selected may have accepted a better offer or failed to show for their first day of work. Human Resources thought the position was filled and here they are. Or...
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1 Answer | Asked in Employment Discrimination, Employment Law and Gov & Administrative Law for New York on
Q: My company laid me off, lack of work.

My boss gave me a company bonus check for project commissions in my duration. Do I have to report this to Unemployment NY? The check was issued from a payroll account of the company. this isn’t severance it is a bonus owed to me from last years project completion commission percentage. They did... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 21, 2021

Yes, you should still report it as income received to unemployment for the week that you received the bonus check.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can you be denied promotion for being "unrated" on evaluation because of medical condition which didn't effect work

Limited duty medical assignment cost me promotion even though all my assigned tasks were completed without being effected by medical condition. Work For NYC Sanitation. Passed over for promotion due to being on limited duty assignment (no driving) even though my assigned position doesn't... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 13, 2021

You really should speak with an employment attorney. It sounds like you may have a claim.

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: I think I’m about to be discriminated against because of my age. What can I do?

I am 50 and I just got my EMT certification (NYS) I had an interview yesterday. They asked if I ever had any moving violations and I said never. He then asked when I started driving and I said when I was 16. That should’ve been the end of his questions but then he went on to ask me how long... Read more »

Karen M. Hertz
Karen M. Hertz answered on Mar 10, 2021

You may or may not have a claim. It is illegal to hire, fire, or base any term or condition of employment on age.

Being able to prove it is another thing. See what happens and if you do not get the position, it would be best to contact an employment attorney with experience in...
Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: If I filed an 2 eeo complaints against my employer in the past, they denied my entry in a program, is this retaliation?

The program is for promotional growth and advance. Higher pay and higher position. I was accepted and then taken out of the program. I have not received any disciplinary charges still and that's why they saying I was removed from the promotional opportunity.

Karen M. Hertz
Karen M. Hertz answered on Mar 5, 2021

It is possible that this could be classified as whistleblower retaliation.

An attorney experienced in this area can help you.

Please note that this answer is not intended to provide legal

advise, merely to provide an opinion.

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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: can i request salary information of my peers at a private university in new york? what are the pay transparency laws?

have salary inequity concerns at a private university in NY. i would like to request information on my peer's salary to assure indeed i am paid equitably. what are the wage transparency laws? can i legally request this information from my employer? my employer is a federal contractor

V. Jonas Urba
V. Jonas Urba answered on Jan 26, 2021

Under New York State Laws only civil service employees have access to their own and colleagues' personnel files. Private organizations don't even have to provide access to employees' own personnel files under New York Labor Laws.

You ask a very timely and valid question. We...
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1 Answer | Asked in Employment Discrimination for New York on
Q: Do I have a right to file suit against my employer if he continually lies to me about overtime?

He told me that he had to watch the budget, then gave 1 person 82 hours and another 84.

V. Jonas Urba
V. Jonas Urba answered on Jan 19, 2021

Is your employer motivated by an improper purpose to give others overtime which you are denied? For example, race, religion, color, gender, etc... are factors used by your employer when he decides who gets overtime? He cannot deny you overtime because you are a woman (just guessing) but he could... Read more »

1 Answer | Asked in Employment Discrimination for New York on
Q: What is the law that applies to sue for Libel and Slander in a Federal Court in New York?
Tim Akpinar
Tim Akpinar answered on Dec 23, 2020

There is a section here on this site for that area of law. You are talking about defamation laws. Below the main categories, you'll see linked text, "Show More Categories." You'll see "Libel & Slander" near the top of the third column of categories. There's no... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for New York on
Q: Maximum lawyer fees for federal (government agency) discrimination ( title V) cases?

Is there a maximum amount or percentage a lawyer can charge for title V cases against a government agency settled at the EEOC level? I was told by a friend who practices family law out of State that the fees they can charge are capped similar to what disability lawyers can charge. Another piece of... Read more »

V. Jonas Urba
V. Jonas Urba answered on Dec 16, 2020

Apparently, you may be situated in a state outside of New York. I limit my active practice to New York State. Each state enacts laws regarding ethical behavior and conduct of lawyers. Many adopt the model rules but there are exceptions.

In New York State lawyers fees are determined by the...
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