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Tag Archives: employment discrimination

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 »

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 »

Common Sense Says You Should Not Be Judged By Your Weight, But Is it Against the Law?

by Derek T. Smith Extra weight does not affect a person’s intellect, work ethic or professionalism. Yet, overweight workers often face pervasive employment discrimination. Sadly, in many instances, the discrimination is tolerated. Unjustly, the laws offer little recourse.  The Obesity Action Coalition (OAC) reports the following:  “Unfortunately, weight bias remains very socially acceptable in North… Read More »

Your Obligations If You Are the Victim of Harassment

It is common for victims of workplace harassment to feel like employers are not on their side. Some even fear retaliation for reporting offensive workplace conduct. This often leads suffering workers to forgo established workplace reporting procedures for harassment under the belief that informing the employer would do no good — and may even lead… 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 »

Is the Disparate Impact Analysis Finished?

Equality may perhaps be a right, but no power on earth can ever turn it into a fact. -Honore de Balzac With the U.S. Supreme Court hearing Mt. Holly Gardens Citizens in Action v. Mt. Holly, the assault on the disparate impact analysis of discrimination has begun. Disparate impact is a controversial method of proving… Read More »

New York City’s Human Rights Law — One of the Most Protective in the Nation

New York City has consistently remained a diverse, progressive place to live and work. The Human Rights Law of the City of New York was enacted in 1965 to protect this important aspect of the city. The landmark Human Rights Law strengthened prior laws that addressed discrimination in the workplace, education, housing and public accommodation…. Read More »

Derek T. Smith Wins Biggest New York Employment Verdict of 2012 For Harassment Case

by Derek T. Smith   After enduring years of emotional abuse and discrimination at her job, Mirella Salemi won a 1.6 million dollar lawsuit from her former employer — the largest employment verdict in 2012 in New York, thanks to the representation of harassment attorney Derek T. Smith. For her claims of emotional distress, loss… Read More »

NYC Federal Court Approves Late Arrival as a Reasonable Accommodation

Reasonable accommodation in the context of employment discrimination against people with disabilities has been a complex and frequently unclear issue. What is reasonable is often a subjective determination that requires a close examination of the facts in every case. There are some general rules that have been applied in the context of reasonable accommodation. For… Read More »

Effective Use of ADR in Employment Cases

There are many reasons that people are hesitant to pursue legal action for discrimination or harassment in the workplace, the most common being fear of retaliation. In other cases, however, people may resist complaining about these practices simply because they otherwise like their employers, are happy with their jobs and are afraid that taking legal… Read More »

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