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Category Archives: Discrimination

Rochester “Bans the Box” to Prevent Employment Discrimination

by Derek T. Smith The city of Rochester recently joined Buffalo in taking steps to reduce discrimination against job applicants with a criminal record. According to a New York Times editorial, about one in four adults in the United States has a criminal record. The collateral consequences of a criminal record are sometimes worse than… Read More »

First Circuit Court of Appeals Addresses Employment Discrimination

by Derek T. Smith An appeals court recently found an employee provided sufficient evidence to present his case of employment discrimination by the Department of Homeland Security. The Civil Rights Act of 1964 protects employees in the United States from discrimination based on nation of origin. Since the tragic events of September 11, anti-immigrant and… Read More »

Women In The Islamabad Workplace and Sexual Harassment

The Secretary General of the Human Rights Commission of Pakistan, IA Rehman, issued a report outlining the problems in current Pakistani sexual harassment laws. According to Rehman, the problem lies not in a lack of laws but in the reluctance to search out the flaws in these policies. Legal and human rights activists gathered in… Read More »

Massachusetts Domestic Workers Now Protected from Sexual Harassment and Abuse

Massachusetts has joined the ranks of states like New York, now providing legal protections for domestic workers. Under the new law, housekeepers, nannies, home nurses, companions, and other in-home employees are now safguarded from sexual harassment, discrimination, and abuse. In addition, the legislation establishes basic rules on working hours, breaks, and terms of employment. The… Read More »

Additional Employment Discrimination Protections for Federal Workers

by Derek T. Smith Federal government employees may file claims of discrimination on any of the bases covered under the laws the Equal Employment Opportunity Commission (EEOC) enforces, and may also file under additional bases. Some key examples are as follows: The Civil Service Reform Act of 1978 (CSRA), protects federal government applicants and employees… Read More »

What Types of Legislation is Enforced by the EEOC?

by Derek T. Smith The Equal Employment Opportunity Commission enforces prohibitions against several categories of employment discrimination. Prohibitions against discrimination based on race, color, sex, religion, national origin, age, disability and genetic information, as well as reprisal for protected activity are derived from the following legislation: Title VII of the Civil Rights Act of 1964… Read More »

Telecommuting can be a Reasonable Accommodation Under the ADA

by Derek T. Smith Under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, employers must provide reasonable accommodations where the employee has a qualifying disability, as long as the accommodation is not an undue burden.  In Nixon-Tinkelman v. N.Y. City Dep’t of Health & Mental Hygiene, the Second Circuit Court of Appeals ruled… Read More »

How an Arbitration Agreement Can Affect Your New York City Sexual Harassment Case

by Derek T. Smith When you started at your company, chances are you signed a few employment-related contracts. Increasingly, many employers have their employees sign an “arbitration agreement” or “arbitration clause” when they onboard new hires. But what does that mean? And how can that affect a future sexual harassment lawsuit in New York City?… Read More »

What is a “Ministerial Exception” to Employment Discrimination?

by Derek T. Smith In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the U.S. Supreme Court recognized a ministerial exception to most types of workplace discrimination lawsuits. The case, brought by a parochial school teacher, is one of the most important church-state rulings since 1990.  Hosanna-Tabor is a Lutheran school with two types of… Read More »

Salvation Army Settles Religion Discrimination Dispute

by Derek T. Smith The Salvation Army is widely known for the Christmas bell ringers who collect donations in large red kettles in front of stores. The Christian-affiliated organization also engages in emergency disaster services, hunger relief, homeless shelters, soup kitchens, veterans’ affairs, prison ministries, human trafficking advocacy, rehabilitation programs, children’s services and other crucial… Read More »

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