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Category Archives: Discrimination

Discrimination Based on Unemployment in NYC

As our economy begins to reawaken following a long period of recession, many of the long-term unemployed are attempting to return to the workforce. Unfortunately, in many areas of the country, they are finding the doors shut as businesses pass over them in favor of applicants who are currently employed. While some jurisdictions have outlawed… Read More »

The Employment Non-Discrimination Act (ENDA)

The recent veto by Arizona Governor Jan Brewer of a state law that would have allowed operators of public accommodations to refuse service to members of the LGBT community has brought the question of equal rights for gays and lesbians back to the forefront of public discourse. New York City’s aggressive civil rights laws already… Read More »

Women Charge Bias and Harassment in Suit Against Sterling Jewelers

by Derek T. Smith Fifteen women are currently named in a gender discrimination and sexual harassment complaint against Sterling Jewelers. The Plaintiffs allege that Sterling, owners of Jared, Kay Jewelers and Marks and Morgan Jewelers, paid women employees lower wages than male workers and were denied employment advancements since 2003. In addition, several women were… Read More »

Harassment by People Other Than Co-workers and Managers

The phrase “the customer is always right” is often spoken in service industries. In the context of workplace discrimination and harassment, however, the customer is not always right. In fact, employers can be held liable for failing to address harassment and discrimination perpetrated by customers against employees.  Harassment and discrimination by customers can take a… Read More »

EEOC Data for 2013: Fewer Complaints, Higher Recovery

The U.S. Equal Employment Opportunity Commission (EEOC) investigates complaints and pursues action against employers who discriminate against workers in violation of federal laws. Although New York has robust state laws against discrimination, understanding the authority of the EEOC is important to anyone concerned about discrimination or harassment in the workplace.  In February, the EEOC released… Read More »

Reeling in the Years: The Age of Discrimination

For those who suffer age discrimination, serious financial decline often accompanies a job lost or a job not offered. The experience of four former administrators at Rutgers University illustrates the difficulty of valuable, well paid workers who become disposable with age.  For many people aged 40 and older, the Great Recession and its aftermath mean… Read More »

Shampoo Maker Shines Through

What do shampoo and gender labels have in common?  Probably nothing, but a commercial launched late last year opens the door for discussing something more than bounce and body.  In November 2013, Pantene Philippines aired a video that quickly went viral. At just over a minute, there is no dialogue but plenty is said.  Described… Read More »

What is GINA and How Can it Help You?

GINA is the acronym for the Genetic Nondiscrimination Act of 2008. This important piece of legislation protects you from discrimination based on genetic information carried within your cells. Recently, a New York company agreed to pay $370,000 for violating GINA and the rights of employees and job applicants.  In a society where information is commerce,… Read More »

Female-on-Male Sexual Harassment in the Workplace

by Derek T. Smith The concept of ‘sexual harassment’ typically sparks an image of a big-wig boss making overt sexual advances on a young, naïve assistant. In this visual, the boss is male and the assistant is female. But, when the harasser is woman and the victim is a man, does it constitute sexual harassment?… Read More »

Employment Accommodation for Women During Pregnancy

Floralba Fernandez Espinal was not worried about her job—she was worried about her unborn baby. With a history of miscarriage, Ms. Fernandez was now three months pregnant and seeking relief from heavy lifting at her job at Unique Thrift in Kingsbridge. Told by her employer to obtain a note from her doctor, she did just… Read More »

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Derek Smith Law Group, PLLC
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