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New York Employment Discrimination Questions & Answers
1 Answer | Asked in Civil Rights and Employment Discrimination for New York on
Q: Do I have a case against a local volunteer fire dept for discrimination for trying to suspend me without cause?

The Board of Commissioners pulled together a “special” meeting that was posted on their Facebook page 3 hours before the meeting. They then sent a letter stating that I was suspended effective immediately, but gave no reason. This is not the first time they have attempted this type of... View More

James L. Arrasmith
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answered on Jul 28, 2024

You may have a case against the local volunteer fire department for discrimination, especially if they have attempted to suspend you without cause multiple times. It's important to document all incidents and gather any communications or evidence related to these actions. Posting a meeting... View More

1 Answer | Asked in Constitutional Law, Employment Discrimination and Legal Malpractice for New York on
Q: Is it ethical for members of the supreme court to be in the Federalist Society?
James L. Arrasmith
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answered on May 1, 2024

When considering the ethics of Supreme Court justices participating in the Federalist Society or any similar organization, it's essential to weigh the principles of judicial independence and impartiality against the benefits of intellectual engagement and education that such memberships might... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Is it an actuary that needs to be hired to determine lost wages from promotion denial?

Passed over for promotion due to medical condition by nyc. Filed lawsuit. Offer of X amount. I thinks its low. Is it an actuary that I would hire to determine actual lost futures wages?

Tim Akpinar
Tim Akpinar
answered on Oct 31, 2023

This is something that employment law attorneys would know best, but your question remains open for two weeks. Until you're able to consult with an employment law attorney, from the general standpoint of expert witnesses, an actuary is often an insurance professional who deals with evaluating... View More

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I be fired because I wasn’t able to come in to work due to quarantine in New York State?

Hello, my name is Brian I recently contracted COVID-19. I informed my manager of this inconvenience to which she replied. Thanks for the heads up. Two days later I get a message from her stating that other employees are sick and there is no coverage for the night I reply to her by saying I feel a... View More

Michael Diederich Jr.
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answered on Sep 19, 2023

Depending on the size of the employer and your length of employment, you may be protected by the federal Family Medical Leave Act, as well by parallel state or municipal law.

It would have been responsible--indeed, immoral-- for you to go to work while contagious with Covid-19. it may...
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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: My employer is sending me a termination letter while I am on FMLA / NYPFL for my newly born child. What do I do?

I would like to know my rights since FMLA should have job protection and what steps to take

T. Augustus Claus
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answered on Sep 18, 2023

If you receive a termination letter while on FMLA (Family and Medical Leave Act) or NYPFL (New York Paid Family Leave) for the birth of your child in New York, it's crucial to understand your rights and take appropriate steps. Begin by reviewing your eligibility for FMLA and NYPFL to ensure... View More

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3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Harassment and defamation from my job and they fired me today and I notified human resources department today as well

I need help

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2023

I'm sorry about your ordeal. I can only speak for the defamation aspect of your post. An employment law or civil rights attorney could advise about elements related to your harassment and termination. If you suffered defamation (slander - verbal form, or libel - written form), you could... View More

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1 Answer | Asked in Employment Discrimination for New York on
Q: Can a fashion designer not hire you as a model for a show if you’re diabetic with an insulin pump?

I was first offered the opportunity but then he had second thoughts because I wear an insulin pump. He’s afraid it may show or something would happen.

Jack Mevorach
Jack Mevorach
answered on Aug 13, 2023

Both of his concerns can be overcome. I'm thinking ADA, but I don't think a lawsuit is in your interest. Other attorneys may disagree.

Jack

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: I was terminated after my son took his life and they lied so I'd be denied unemploy. Do I have a case?

I worked there for 6 yrs. They paid family leave for 3 months after he committed suicide and when I tried to return I was told I wasn't needed any longer. When I went for unemployment I was then forbidden to ever step foot on the proerty and I was denied unemployment bc they stated that I... View More

Michael Diederich Jr.
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answered on Jul 24, 2023

Sad story. Unfortunately, statutes of limitations are controlling, and only in rare instances can be avoided.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: What is grounds for suing for a hostile work environment or work place bullying?

I have a new supervisor who just started. I've been in the department longer than her. She's giving me unrealistic timelines to complete tasks, she's rude , she's and always undermining my work. She's always mentioning my age and thinks I'm too young for the position... View More

Michael Diederich Jr.
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answered on Jun 5, 2023

The ability to sue depends upon where you live. Federal law applies nationally but states and localities also enact laws protective of workers.

I recommend that you consult with an experienced employment lawyer, who can ask you relevant questions, for example, whether you are male and...
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1 Answer | Asked in Employment Discrimination for New York on
Q: How many racial discrimination cases were successful in New York State in 2021?

This can be under The New York State Human Rights Law or The New York City Human Rights Law or Education Law § 3813 or any other employment law.

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2023

This is something that the employment attorneys here would know best, but your question remains open for two weeks. Here is something from the EEOC that might be a starting point for research until you're able to consult with someone who knows this area well -... View More

Q: Is it legal for a company to not hire me because I tested positive for marijuana?

If it's not, what do I do about it?

Daniel A. Johnston
Daniel A. Johnston
answered on Mar 11, 2023

While there are some exceptions, it is typically illegal for a company to not hire you in New York based solely on a positive drug test for THC. If that's what they did, and why they did it, and no exceptions apply, you can sue them.

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: I was denied employment by a temp agency based on my criminal history.

I was denied employment based on my criminal history by a temp agency. I was interviewed by the temp agencies client company and was told that I had gotten the job. The temp agency then screened me doing a drug test and background check. I disclosed on my background check my felony conviction that... View More

Jimmy M. Santos
Jimmy M. Santos
answered on Mar 10, 2023

In New York, discrimination based on a past criminal conviction could be unlawful depending on several conditions. Under the NYS Human Rights Law and NY Corrections Law, the prospective employer must conduct a multi-factor analysis to determine whether it can decline to hire you, such as the... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Is it okay to have a dress code for men but not women in an office enviornment?

I work in a weld shop, but the front office, so I don't weld. The entire male staff has the same dress code, and the women in the weld shop area have the same dress code, but the women in the front office have no such dress code. Is this an enforceable thing?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 7, 2023

Whether this is legally permissible, in theory, is one thing. Whether it makes sense for you to make a big issue out of it is another matter, entirely. You need a cost benefit analysis of the problems you will create for yourself at work, versus the value and enforceability of the alleged harm you... View More

1 Answer | Asked in Criminal Law, Employment Law, Business Law and Employment Discrimination for New York on
Q: Racial exclusion by business owner legal?

When I own a business (e.g. bakery, coffeeshop etc.) am I LEGALLY allowed to deny service to people of a specific ethnicity (e.g. african-american), sexuality, gender etc. and/or deny them employment? I mean after all it is MY business and I can decide, whom I offer my service or who can enter my... View More

Brian Greben
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Brian Greben
answered on Jan 4, 2023

No, you cannot legally discriminate against patrons or employees. Yes, you can get sued.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Labor Law - Worked at energy service company becaus of bullying and manipulative practices by my Boss. Do i have a case?

I am a known for being a hard-worker and respected in the industry as at top energy service professional. Working over 70 hrs in a week. Sometimes my boss wants us to work more. One time i had to decline because i was too worn out. After i declined i became a target for my boss. He made my job... View More

Brian Greben
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Brian Greben
answered on Dec 13, 2022

There are too many variables that aren't addressed in your question to give an answer in this forum. You should reach out to an employment/labor attorney; many of us provide free consultations.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for New York on
Q: I have a swollen knee. I asked my boss if I can work from home and he said “he prefers me to come to the office”

Am I able to sue my employer for this? I have a picture of my knee with a date on it. Also I am not getting overtime paid for 3 years.

Brian Greben
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Brian Greben
answered on Oct 6, 2022

You quite possibly have a disability discrimination case, depending upon how "reasonable" your request to work from home was. Probably more important, however, is the fact that you haven't been paid OT in 3 years. If you are a nonexempt employee, and are therefore entitled to... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Should HR have disclosed my identity to my subordinate upon filing a discrimination incident report against him?

I work for a state government office. One day, my subordinate began loudly uttering (using profanity), derogatory remarks about another worker whom has a slight mental disability. He was threatening to "tell him off" if approached by the other employee, and was making negative comments... View More

Tim Akpinar
Tim Akpinar
answered on May 12, 2022

I'm sorry your question remains open for two weeks. You could repost under the "Employment Law" and "Employment Discrimination" categories instead of "Uncategorized." There's no guarantee that every question here is answered. Some questions do go unanswered.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: Can a person be discriminated because of their religion at their place of employment.
Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Feb 4, 2022

It is unlawful to discriminate against an employee based on their religion under both federal, NY and NJ discrimination law. You should consult with an employment attorney to discuss your matter further and get advice on how to address this.

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I take legal action against a current employer when I expressed repeated unsafe workplace activities?

Good evening,

I have an ongoing concern at my current workplace that does not seem to be changing. And I am seeking legal advice.

I have written a statement to a current employer about harassment, unprofessional discriminatory comments, and unsafe distribution activities with heavy... View More

Jordan T. Newport
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Jordan T. Newport
answered on Jan 24, 2022

First of all, I would like to tell you that I'm sorry that you are having to go through these things at your workplace.

As for the harassment and the discriminatory comments, largely, these will be lumped together as to how they are treated in the legal context. To constitute either,...
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1 Answer | Asked in Civil Litigation, Civil Rights, Employment Discrimination and Legal Malpractice for New York on
Q: Do I have a case for false arrest & maliceous Prosecution?I was accused of commiting a crime and it got dimissed on 3030

I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... View More

Roy Warner
Roy Warner
answered on Jan 15, 2022

Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.

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