FAQ

Your job has opened up after covid-19, now what? As all of New York has begun to reopen from the COVID-19 closure, many people are now faced with either returning to work in these uncertain times or have been let go.  As this is happening, current and former employees are faced with new questions, and uncertain legal rights.  Some of the issues affecting returning employees are:

• Failure of your job to provide a safe working environment.  Under the Occupation Health and Safety Administration (“OSHA”), your job must provide you with “a place of employment … free from recognized hazards … likely to cause death or serious physical harm.”  If your employer is failing to take steps to ensure a safe working environment, you may have legal protection.
• Complaints about workplace safety.  Under New York Law, if your employer takes action against you (firing you, suspending you, disciplining you), for raising or threatening to raise concerns about work place safety that could have an effect on public safety, you may be protected under New York State’s whistleblower laws.
• Unpaid wage claims.  For workers covered under the overtime laws, your employer must pay you for all time that you worked.  If you have been working remotely and your employer has not been properly tracking your hours, you may have a claim against them if they have failed to pay you all of the wages you earned, including time and half for any time you worked over 40 hours in a work week.
• Failure to provide reasonable accommodations for a known disability.  For employees who suffer a disability, if there are reasonable accommodations that are necessary in order for you to perform the essential functions of your job, and you are able to do so with those accommodations, you may have legal recourse if your employer fails to provide those accommodations or otherwise engage in the interactive process of identifying a reasonable accommodation.  For example, if you have underlying medical conditions that necessitate your working remotely, and you are able to perform all essential functions of your job in that manner, you may have a claim if your employer denies you such an accommodation request.

For those workers who have been furloughed, laid off or fired during this time, you may have protections as well.

• Discriminatory termination or layoffs.  Just as you cannot be terminated due to your membership in a protected class (race, national origin, religion, gender, disability, age, amongst others), layoffs that have a disparate impact against members of a protected class as also illegal.   While with group layoffs the most common issue is a disparate impact on older workers (those over the age of 40), any layoff that targets a group of protected individuals may be illegal.
• WARN Act claims.  Under both the federal and state WARN acts, employers of a certain size (100 employees for federal, 50 employees for New York State) must provide advance notice of 60 to 90 days of mass layoffs.  While there are exceptions for unforeseen business circumstances, neither the legislature nor the courts have provided any guidance as to whether the current situation applies.

If you believe that you are experiencing any of the above situations, or have questions about your rights, the attorneys at Ricotta & Marks, P.C. are here to help.  To schedule a free consultation, call us at (716) 301-2704

Can my employer test me for covid or covid antibodies? As employees in New York continue to return to their workplace amid the COVID-19 pandemic, there are questions about what employees’ rights are and what your job can do to ensure a safe working environment.

Can my employer test me for covid or covid antibodies?

According to Equal Employment Opportunity Commission guidelines, your employer may, in certain circumstances, test their employees for COVID-19.  Your employer must show:

1.  That any mandatory testing is job related and part of a business necessity.  Almost all employers will be able to show this, as an employee, or customer, entering the workplace who is infected with COVID-19 would pose a threat to other employees.
2. The employer must ensure that any COVID-19 tests are accurate and reliable.  Employers can use the FDA, CDC, or other health agency guidelines to determine what is accurate and reliable testing.

Even if your employer tests for COVID-19, as that only would detect those currently effected, your workplace may, and should, continue to enforce other safety measures, such as social distancing guidelines, regular washing of hands, and wearing of masks.

CAN MY EMPLOYER TEST ME FOR COVID-19 ANTIBODIES

While a COVID-19 test would determine if you are infected, an antibody test would show if you were infected previously and you have developed antibodies to COVID-19, which could mean that you are not at risk of becoming infected again, although the science is not clear on that yet.  The EEOC has issued guidelines that employers requiring tests for COVID-19 antibodies would be in violation of the Americans with Disabilities Act.  This is in agreement with the CDC, which has stated that whether or not a person has the antibodies should not determine if someone can return to work.  While the EEOC guidance is not binding on courts, it is instructive and regularly followed.

If you have questions about COVID testing at your workplace, or other concerns about returning to work, the attorneys at Ricotta & Marks, P.C. are here to help.  Please contact us at (716) 301-2704

Can Your Employer Require You to Receive the COVID-19 Vaccination?  The Equal Employment Opportunity Commission (“EEOC”) released guidance regarding mandating COVID-19 vaccinations under federal equal employment laws.  This guidance helps to provide some information about your rights, your employer, and the vaccination.

Under the Americans with Disabilities Act (“ADA”), your employer is permitted to require that an employee not pose a direct threat to the health or safety of others in their place of work.  It could be found that such a threat exists by finding that an unvaccinated person would create an increased likelihood of potential exposure of others in the workplace to COVID-19.

If your employer does mandate that employees receive the vaccination, there are several issues to consider.  First, they would have to show that an unvaccinated employee would pose a direct threat of substantial harm to the health or safety of others.  Second, if you have a disability that necessitates your not receiving the vaccine, your employer would have to show that this threat cannot be reasonably reduced or eliminated by some sort of reasonable accommodation for your disability.  Such a reasonable accommodation may include working from home, depending upon your job duties.  If you have an objection to receiving the vaccine due to a sincerely held religious belief, your employer must provide a reasonable accommodation, which could include working for home, unless it would impose upon your employer an undue hardship.

If you have questions about requiring the COVID vaccine at your workplace, or other concerns about returning to work, the Queens employment discrimination attorneys at Ricotta & Marks, P.C. are here to help.  Please contact us at (716) 301-2704

What is Employer Nationality Discrimination? Discrimination because of race or national origin can be devastating to its victims. It is against Employment and Labor Laws to treat a worker differently or deny them equal opportunities because of their race or color. That is why discrimination attorneys at Ricotta & Marks, P.C. are committed to helping you protect your right in workplaces. Schedule an appointment if you feel you are treated unfairly.

What is race discrimination in workplaces?

Race discrimination can simply be defined as unfair treatment based on skin color. In most cases, clients find it challenging to identify or quantify this kind of discrimination. In rare cases, the employer may not be aware that they are practicing this behavior. The law takes workplace harassment to be a serious issue that requires immediate action. Intimidation and fear of resulting consequences are some of the significant reasons these cases go unreported. However, with a discrimination attorney, it is possible to break the cycle of discrimination.

Examples of workplace race discrimination

Imagine a scenario where you have undergone all the necessary application steps, passed the final interview, and it is clear that you are the most suitable person for that position. However, the employer denies you that position because of your skin color. Another common case is when an employee has the most outstanding and consistent sales numbers, but they are denied a managerial position because the employee would not be comfortable by a person of such a race holding the office. These are the most common cases where discrimination based on race is clearly evident. Others include:

• Making less money as a person of color compared to other races who have probably spent less time in the company
• Constant harassment by coworkers and insulting jokes based on your race
• Failing to get a position despite having the experience and excellent references just because of your national origin

When a new supervisor takes over, they are treating you worse that your co-workers of a different race or national origin.

All the cases discussed above can be solved by filing a lawsuit against the company with the help of an experienced attorney.

Is discrimination the same as harassment?

Discrimination and harassment are often confused. However, there is a significant difference between the two. Understanding the difference is essential if you want to know how to handle the situation. Discrimination is when an organization mistreats you because you come from a specific national origin or you have a different skin color. On the other hand, harassment can target anyone. This is where coworkers make statements about you that are derogatory or vulgar. If your harassment is based on race, the law gives you a chance to file a lawsuit and seek compensation.

Filing a lawsuit

You know you are a victim of race discrimination if you were fired, harassed, denied a promotion, or treated worse than your coworkers because of having a different race. If this is your situation, a Queens race discrimination attorney will discuss your case and help you protect your rights. They have the skills and training to handle these cases. Schedule an appointment or call the offices at (716) 301-2704

What are LGBT Employment Discrimination Laws? Currently, more and more countries are accepting diversity in sexual orientation. However, there are some employers who will fire you for having a specific orientation. Even placing a photo of your partner can attract discrimination. The law prohibits discrimination based on gender identity, gender expression, and sexual orientation. Specifically, Title VII, enforced by the U.S Equal Employment Opportunity Commission,  finds that sexual orientation discrimination is discrimination because of sex. Consult Queens sexual orientation discrimination lawyers at Ricotta & Marks, P.C. if you feel that you have wrongfully been denied a job or fired due to your orientation. Here is more information:

Are employers allowed to enquire about a worker’s sexual orientation?

The EEOC prohibits employers from making hiring decisions based on sexual orientation or gender identity. Title VII also indicates that questioning someone about their sexual orientation when hiring is irrelevant and could form the basis of a claim of discrimination if that information and questioning is used in denying someone a position that they are otherwise qualified for. However, situations may change from location to location. That is why you should always seek a qualified sexual orientation discrimination lawyer’s guidance if you are unsure of what to provide during the employment stage. They will also guide you when filing your claim.

How do you identify discrimination?

You should consider filing a lawsuit if you are experiencing any of the following:

• Disparaging treatment: This occurs when you are fired, denied a promotion, or not hired because you are lesbian, gay, bisexual, or transgendered. Alternatively, disparaging treatment could mean that the supervisor treats you negatively compared to other workers of a different sexual orientation.
• Harassment: Harassment occurs in different forms. It could be increased negative comments, jokes, threats, or other actions that create a hostile working environment for you. Statistics reveal that 90% of transgender employees have reported some kind of harassment.
• Benefits discrimination: Imagine you are in an organization that provides benefits to couples. However, the management denies you these benefits because you do not fit their definition of marriage. According to the Supreme Court, gay marriages should be given the same recognition as heterosexual marriages in workplaces.

What should I do if I am discriminated against as an LGBTQ employee?

If you notice discrimination based on your sexual orientation, there are some steps you should follow to protect your right. First, keep a journal with the specific details of the discrimination instances. Report your issue to the relevant management that could be a supervisor or human resource. Remember to keep copies as proof that you reported harassment or discrimination. Please make sure they are safe at work or home. Finally, do not quit before you receive the protection that you deserve. Let an experienced lawyer walk with you through every step of the journey for legal advice and representation.

Why should you work with an experienced lawyer?

The employer will not easily accept fault and compensate you. An experienced lawyer will help you gather evidence and win your lawsuit. Remember, LQBTQ is prohibited by local, state, and federal law. Attorneys at Ricotta & Marks, P.C. are committed to protecting the rights of their clients. Everyone deserves fair treatment in the workplace. Schedule an appointment online today or call the offices at (716) 301-2704 if you are a victim of sexual orientation discrimination.

What is Gender Discrimination in Employment? Sex or gender inequality refers to how people are treated in the workplace based on whether they are female or male. You could have experienced sex or gender discrimination if you were denied jobs, dismissed, or otherwise harmed in your job because of your sex or gender.

The words “gender” and “sex” are interchangeably used in everyday language and the law, but they have various meanings. The word “sex” is used by social scientists to refer to an individual’s biological or anatomical identity as male or female. In contrast, the word “gender” refers to a set of culturally associated characteristics with maleness or femaleness. Discrimination is unconstitutional in most cases, regardless of whether based on sex, gender, or both.

What Are The Common Examples Of Gender Discrimination In Employment?

Gender discrimination in the workplace can manifest itself in several ways, and not all are easy to spot. Nonetheless, if you do not know what gender discrimination appears like, determining whether you or a coworker is being treated differently becomes even more complicated. Some common examples of gender discrimination in employment include:

• Gender biases in hiring practices
• Sexual harassment
• Unequal Promotions, Pay, and Other Benefits based on gender
• Gender Identity discrimination
• Sexual orientation discrimination
• Wrongful termination

How To Resolve Gender Discrimination In The Workplace?

When it comes to workplace gender discrimination, there are reasonable steps you can take to see that it ends and that you are compensated for your suffering. Some of these actions include:

1. Complain to the employer’s HR or management in writing, politely. If the employer fails to remedy the situation, you can file a gender discrimination lawsuit with a government agency.
2. If severe actions were taken against you (for instance, demotion, firing, or not hired), you should talk to Queens Gender discrimination attorneys at Ricotta & Marks, P.C.

Filing a claim by yourself may prove challenging, particularly if you are not familiar with employment laws. Thus, it is vital to talk to an experienced employment attorney as they understand the twists and turns of sex and gender discrimination laws. Your lawyers handle everything for you, from collecting evidence to prove your claim to representing you in court in case settlement talks fail.

Contact Ricotta & Marks, P.C.

In Queens and the surrounding areas, sex or gender discrimination can take several forms. Often sex or gender discrimination is vague, and an employee may be uncertain whether it is necessary to consult with an attorney. At the same time, gender discrimination is blatant and evident in other instances.

It is critical to seek legal advice from the Queen’s gender discrimination lawyers regardless of whether you have concerns about gender discrimination or direct proof of gender discrimination. While some instances of workplace gender discrimination may be apparent, workers should note that subtle acts of discrimination occur far too often. Thus, it is just as necessary to avoid them in the New York workplace.

Call at (716) 301-2704 to speak with one of the expert gender discrimination lawyers. Your attorney will help you file an administrative charge with the appropriate agency and collect relevant evidence to validate your claim in court.

What Is Race Discrimination? If anyone is treated unfairly because of their real or perceived race, this is known as racial discrimination. Discrimination based on skin color is also a form of race discrimination. Even though race and color are similar terms, they are not interchangeable.

Discrimination based on one’s complexion, pigmentation, or skin hue (lightness, darkness) or tone is known as color discrimination. Discrimination based on race or ethnicity may occur between people of different races or ethnicities, as well as between people of the same race or ethnicity.

If a person is treated differently because of their affiliation with members of another race, this is also considered race discrimination. Direct discrimination occurs when an employer deliberately targets a member of an ethnic group. On the other hand, there can also be instances of indirect discrimination, such as when a relatively neutral workplace policy appears to exclude minorities for reasons unrelated to the job.

Furthermore, anti-discrimination legislation forbids discrimination based on stereotypes, perceptions about skills, traits, or success of members from certain ethnic groups.

What Are The Common Types Of Racial Discrimination In Employment?

You could have been a victim of racial discrimination in employment if you have encountered any of the following circumstances:

• Firing/Hiring/Promotions: You apply for a position that you have outstanding credentials and experience. Since some of the company’s long-term clients are perceived to be uncomfortable dealing with people of color, you are not hired. You are informed that you will be laid off due to company cutbacks and reorganization, while white workers with the same job and less relevant experience than you will retain their positions. You have worked with a company for years, bugged employee-of-the-year awards severally, but every time you apply for promotions, it is awarded to less-qualified persons of a different race.
• Harassment: One of your colleagues thinks it’s “hilarious” to offend African Americans, Asians, Latinos, and other minorities by using the “n-word” or other race-based slurs, in conversation. You’ve requested him to stop making these jokes, to no avail. The boss wants you to dismiss him, but he never confronts or punishes your colleague for his racist conduct.
• Pay: You rose through the ranks from administrative assistant to project manager. You learn that a white project manager with similar qualifications and experience was hired recently and will be paid far more. In other circumstances, you might be a top salesperson who is reassigned to less desirable territories because it’s a minority neighborhood. Consequently, a white employee with lesser sales is assigned your client base and territory, allowing him to make more sales and eventually commissions.
• Job Classification: You work for a corporation with an eight-tier job classification system; your duties have grown over time, but your job classification and pay have remained unchanged. Your white coworkers’ job classification and pay, on the other hand, have been modified to reflect their expanded responsibilities.

The examples described are by no means exhaustive, but they demonstrate the general elements of racial discrimination.

Find An Employment Attorney!

Both the federal and New York state laws prohibit racial discrimination in employment. Therefore, if you or your loved one believes they have been unfairly treated by their employer or your colleagues in the workplace because of your race, you can file a claim.

At Ricotta & Marks, P.C., the Long Island and Queens discrimination attorneys are dedicated to protecting employees’ legal rights. The attorneys have the right skills and experience in handling an extensive range of ethnic and racial claims. For a free consultation, call at (716) 301-2704

What Is The FMLA? The FMLA, or the Family and Medical Leave Act, entitles employees to unpaid, job-protected leave for family or medical reasons. The legislation specifies that during the family or medical leave, health insurance coverage continues under the same terms and conditions as if the employee had not taken leave.The FMLA permits twelve work weeks of leave within a 12-month timeframe under the following circumstances:

• The birth of a child, within one year of birth.
• Placement of an adoptive or foster case child within the care of an employee, within one year of placement
• Caring for an immediate family member with a serious health condition
• To recover while enduring/after a serious health condition
• Any exigency arising from the fact that an employee’s immediate family member is on active duty with the military (military caregiver leave)

Q: What Do I Do If My Employer Violates The FMLA?

Employees are protected by law against any violations of the FMLA. Section 105 and section 825.220 of the FMLA specifically prohibit:

• Interference, restraint, of denial of any guaranteed right
• Discrimination or retaliation on the basis of any FMLA
• Discharge or discrimination based on an employee’s complaint regarding unlawful practices

Examples of prohibited conduct under the FMLA include:

• Dissuading an employee from using leave
• Refusing to authorize leave
• Counting leave against attendance policies
• Manipulating the employee’s work hours to avoid responsibilities
• Using leave as a negative factor in any appraisal, promotion, hiring, or disciplinary action

If you have experienced any of the aforementioned violations of the FMLA, you may have a case against your employer. The Wage and Hour Division of United States Department of Labor is responsible for enforcing all FMLA guidelines for all private, local, state, and some federal employees. The Wage and Hour Division is therefore capable of investigating any complaints. If a violation is found to have occurred, the United States Department of Labor may bring court action to resolve the issue. Alternatively, all employees have the right to bring a private lawsuit against their employer for any violation of the FMLA. Seeking expert legal counsel can help protect you from employers engaging in unlawful practices and bring justice for your case. For more information regarding what to do if your employer violates the FMLA, consider speaking with an experienced attorney at Ricotta & Marks today to discuss your case.

Q: I’m Pregnant And Scared To Lose My Job. How Do I Protect My Benefits?

If you are pregnant, the law protects you from losing any accrued benefits. Your employer is legally prohibited from firing you or reducing your benefits solely based on pregnancy. It is also against the law for an employer to withhold pregnancy benefits because of the marital status of the pregnant woman. If your employer terminates you or otherwise discriminates against you due to pregnancy, you can seek legal recourse.If you believe that you have experienced pregnancy discrimination or harassment, you may file a charge of discrimination with the EEOC or Wage and Hour Division to initiate an investigation into the matter. It should be noted that any charge of discrimination must be filed within 300 days of the incident in order to take further action.Each pregnancy discrimination case is unique and hinges on the circumstances of the situation. Legal protections under the law, however, do not vary. Pregnant women are protected from unlawful termination, discrimination, and/or withholding of benefits due to pregnancy.

Q: How Do I Seek Legal Assistance If My Employer Violated the FMLA?

If you believe that your employer violated the Family Medical Leave Act, your case deserves to be heard. Seeking legal assistance can be intimidating, but employment attorneys are trained to listen to your situation and proceed according to the law. Speaking with an attorney is a free and easy option that can make a substantial difference in the success of your case. Before speaking with an attorney, try to organize any relevant paperwork and documents that support your claim. Create a timeline of events and compile any evidence, even if it seems trivial. Coming to the discussion prepared can help your attorney understand the ideal strategy for your unique case. If you are wondering what to do if your employer violates the FMLA, do not hesitate to seek assistance. The expert team of lawyers of Ricotta & Marks have won countless cases for victims of discrimination and harassment. We are prepared to fight for you.

Do I Need A Lawyer For My Hostile Work Environment Claim? Whether or not you need a lawyer for your hostile work environment claim depends on a myriad of factors and varies from case to case. In some instances, employees seek assistance through all possible channels to no avail. Their claim may not be proven by the Equal Employment Opportunity Commission (EEOC) or a supervisor may dismiss the victim’s accusations.

In hostile work environment cases, every victim deserves a voice. Sometimes, however, finding out how to exercise that voice is a problem. While you do not need a lawyer to file a hostile work environment claim with an organization such as the EEOC or the New York State Division of Human Rights, it is recommended to seek legal assistance. This is particularly true if you wish to file a hostile work environment lawsuit, which is common in such cases.

Q: What Constitutes a Hostile Work Environment?

Before you make a hostile work environment claim, certain criteria must be met in order to substantiate such claims. For a hostile work environment to be proven, there must be:

• Discrimination or harassment based on the employee’s inclusion in any protected category. Protected categories include factors like age, race, gender, national origin, religion, disability, etc. For a full list of protected categories and more information regarding discrimination and harassment, visit our online resource on employment discrimination.
• The unlawful behavior must be more that petty slights or trivial inconveniences.  While federal law requires the behavior to be severe or pervasive, New York Law prohibits much more conduct.

Proving that such criteria has been met in a hostile work environment case is complex and can be burdensome. To alleviate that burden, it is beneficial to move through each step of the process for filing a hostile work environment claim. In doing so, you may increase your chances of success when filing a hostile work environment lawsuit.

Q: What Is the Process For Filing A Hostile Work Environment Lawsuit?

Again, each hostile discrimination lawsuit is unique and depends entirely on the circumstances of the specific case. There are generally agreed-upon steps to take, however, when it comes to filing a hostile work environment lawsuit:

1. Understand the factors that contribute to a hostile work environment. For more guidance on this topic, visit our online resource regarding hostile work environments.
2. Document all issues contributing to the hostile work environment. Write down the individual or individuals involved and the location, time, and date of the issue. Keep detailed records of all contributing actions, events, or behaviors. Take note of any witnesses who saw the hostile behavior. Maintaining this evidence will help strengthen your hostile work environment lawsuit.
3. Contact the appropriate department within your employer to submit a complaint. This may be a human resources department or a designated individual within your company or organization. If your direct employer is creating a hostile work environment, consider speaking with a supervisor or manager about the issue.
4. Seek legal assistance. If you are a victim of a hostile work environment, navigating the situation can be stressful and intimidating. Between managing workplace tension and understanding the various moving parts of federal, state, and city legislation, it can be difficult to bring up a hostile work environment claim against your employer.

If you wish to move forward with a hostile work environment lawsuit, your legal team will be asked to produce ample evidence to support the claims. To this point, maintaining evidence and moving through each step of filing a hostile work environment is crucial. Courts will be looking for the frequency and severity of the hostile work environment, so keeping accurate and detailed records could make a difference in the success of your case.

Q: Can I Seek Legal Assistance Before Filing A Complaint?

Yes. You can seek legal assistance before filing a complaint. Seeking legal assistance does not preclude you from filing a complaint with the EEOC or New York State Division of Human Rights. Many victims have chosen to consult an experienced hostile work environment attorney at Ricotta & Marks before moving forward with their claims. Doing so can strengthen your case and help understand whether filing a lawsuit would be an ideal option for you.

Above all, knowledge is the best weapon against a hostile work environment. The more aware and diligent you are in observing and recording the patterns of hostility in the workplace, the better equipped you are to stand up for your rights. If you feel that you need a lawyer for your hostile work environment claim, consider contacting Ricotta & Marks P.C. to discuss your options today.

Can I file a sexual harassment lawsuit if I am still employed? Yes, you can file a sexual harassment lawsuit against your employer while you are still employed. Given the power dynamic at play in sexual harassment situations, however, victims may fear coming forward and seeking legal recourse. They may assume that in doing so, they will lose their job or hinder their career. Many individuals may worry that exercising their legal rights will have consequences, hence they remain quiet.

Employers are legally prohibited from punishing employees who exercise their legal right to a safe work environment. The practice of penalizing employees for filing a complaint, participating in a workplace investigation, or engaging in some other legally protected activity is called retaliation.

Federal and state laws protect employees from retaliation, and any employee who experiences this unlawful behavior has the right to file a new complaint concerning the retaliation. Essentially, a retaliation claim is entirely separate from a sexual harassment claim. This means that the retaliating employer may be in even more trouble if they punish an employee for filing a lawsuit.

Q: I Want To File A Sexual Harassment Lawsuit. Where Do I Begin?

If you are ready to file a sexual harassment lawsuit, you have made a difficult first step. The decision to take action against your employer is not made lightly. It can be intimidating to fight for your rights, especially after you have experienced sexual harassment.

As always, the first step is to document the incidences of sexual harassment. Gathering evidence and maintaining a proven record of harassment is key to a successful lawsuit if possible. However, often in sexual harassment cases there is no evidence aside from your credible testimony.  This is often enough to support a claim.  File a complaint with your employer. Even if your employer does not have a formal channel to field complaints, alert the company of the illegal behavior through a human resources department or by informing your supervisor.

If you have already filed a complaint with the company yet the illegal harassment is persisting, it may be time to seek outside assistance. The Equal Employment Opportunity Commission is the appropriate federal organization while the New York State Division of Human Rights is the relevant statewide institution.

In many cases, seeking legal assistance through an experienced sexual harassment attorney is the most ideal way to pursue your claim. Filing a lawsuit as an individual guarantees that your case is handled according to your expectations and desire.

Q: Will Filing A Sexual Harassment Lawsuit Against My Employer Hurt Future Job Prospects?

While possible, it rarely does. If your employer broke the law, it is well within your rights to file a lawsuit and pursue justice. In fact, companies that exercise their anti-discrimination policies and value a safe workplace will likely understand your position. Moreover, as discussed above, retaliation legislation protects job applicants from discrimination based on any complaints, investigations, and/or legal proceedings brought against a former employer.

Barring a successful FOIL (Freedom of Information Law) request, any complaint you file through the Equal Employment Opportunity Commission is private and confidential. The same holds true for National Labor Relations Board investigations and claims filed with the New York State Division of Human Rights or the New York City Commission on Human Rights. If the EEOC files a lawsuit against your employer, however, this will become a public record. Naturally, the same is true if you chose to seek legal assistance and file a lawsuit individually. This means that future employers are able to see any lawsuit that you filed against a past employer.

Regardless, prospective employees rarely experience difficulty obtaining new employment due to a prior lawsuit. It would be entirely unlawful for employers to discriminate based on prior legal proceedings and thus is a rare occurrence during the process of obtaining employment.

Q: How Can I Protect Myself While Filing A Sexual Harassment Lawsuit While Still Employed?

Filing a sexual harassment lawsuit while still employed is a difficult decision that requires careful thought and consideration. Remaining employed while filing a sexual harassment lawsuit may feel counterintuitive or implausible to some, but it is your right to remain employed while undergoing legal action.

If you or a loved one is experiencing sexual harassment in the workplace and would like advice, or are considering filing a sexual harassment lawsuit while employed, the Ricotta & Marks P.C. sexual harassment lawsuit team is ready and willing to help you and fight for you. No one should endure sexual harassment. Take action today and learn more about your legal rights by contacting our experienced sexual harassment lawsuit attorneys.

What are the Potential Damages When Your Employer Fails to Notify You of COBRA after Termination? Your employer has up to 30 days after termination to provide proper notice of COBRA benefits.
Generally, the civil penalty for failure to provide benefits is up to $110.00 per day per affected plan participant, to be levied against the plan administrator. (Section 502(c)(1) of the Employee Retirement Income Security Act of 1974 (“ERISA”).)

Additionally the employer can be liable for damages arising from failure to provide medical coverage, attorney’s fees, and court costs.

In Share v. Panhandle Motor Services Corporation, a District Court-imposed damages of $122,808 for reimbursement of medical expenses and $18,151 for attorneys’ fees. The District Court also assessed a civil penalty of $4,035 (incorrectly referred to by the Fourth Circuit as “punitive damages”) for failure by the employer (as plan administrator) to provide the COBRA notice.”

Additionally, of little use to the employee, but still very important during settlement discussions, keep in mind that the IRS may impose an excise tax of an additional $100.00 per day upon employers or insurers failing to comply with COBRA requirements. (Section 4980B(b) of the Internal Revenue Code of 1986.)

Contact Ricotta & Marks, P.C.

Call our Queens employment attorneys at (716) 301-2704 or contact us online to schedule your free initial appointment today.

Additional Resources

(Section 502(c)(1) of the Employee Retirement Income Security Act of 1974 (“ERISA”))

Shade v. Panhandle Motor Services Corporation, 91 F.3d 133 (4th Cir. 1996)

(Section 4980B(b) of the Internal Revenue Code of 1986)

What are my Reemployment Rights Following Military Service? In 1994, President Clinton enacted USERRA Law. Known as the Uniformed Services Employment and Reemployment Rights Act, USERRA offers reemployment rights to those who have completed military service. This law allows military members to go back to their civilian jobs after the military. This law applies to military service that is voluntary or involuntary. In order be eligible for USERRA employment rights, the following criteria must be met:

• The person must hold a civilian job. However, temporary jobs that are short-term do not qualify for USERRA protection.
• The person must have given notice, either written or verbal, to the civilian employer before leaving for military service or training.
• The person must not have exceeded cumulative periods of service limit of five years.
• The person cannot have been released from service under dishonorable conditions.
• The person must report back to the job in a timely manner or, if necessary, submit an application for reemployment in a timely manner.

Contact the Employment Law Attorney’s at Ricotta & Marks, P.C.

If you were in the military and feel your rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA) have been violated contact the employment law attorney’s at Ricotta & Marks, P.C. Call (716) 301-2704 or send us an e-mail to schedule your free initial appointment.

Thousands of workplace discrimination claims are filed in New York State and the country at large every year. This points to a serious and pervasive issue within employment settings across the United States. Fortunately, there are a variety of federal, state, and city laws that have been put in place to combat this form of illegal behavior in the workplace. In many situations, however, workplace discrimination can be difficult to pinpoint and confront. Many victims are unsure of whether or not they have been subjected to workplace discrimination. So how can we help you prove workplace discrimination?

At Ricotta & Marks, P.C. we have assisted countless victims of employment discrimination in answering the question of “how can I prove workplace discrimination?” After establishing their claims, we advocate on their behalf to secure compensation and prevent further discrimination from occuring. If you are a victim of workplace discrimination, we are here to help. Consider contacting us at 347-321-8895 to speak with an experienced employment discrimination attorney today.

How Can I Prove Workplace Discrimination?

The New York Human Rights Law makes it illegal to discriminate against employees on the basis of their inclusion in a protected group. The protected categories include:

• Race
• Color
• Sex or gender
• National origin
• Age
• Disability
• Pregnancy
• Marital status

Discrimination due to any of the aforementioned categories is illegal under state and federal legislation and can have serious legal repercussions. Therefore, if a job applicant is rejected for hire on the basis of gender or if an employee is treated unfavorably due to their race, for example, workplace discrimination is present.

Proving workplace discrimination can be difficult, as evidence of the crime is necessary in order for governing bodies to uphold the law. In discrimination cases, evidence can be either direct or circumstantial:

• Direct evidence: Direct evidence includes all statements, emails, correspondences, or physical evidence that directly relate to the discrimination that has taken place. Many times, this can manifest as a letter from your supervisor stating that you are being let go because they want to hire “younger talent.” Alternatively, direct evidence can be a statement from coworkers or managers regarding workplace discrimination.
• Circumstantial evidence: Circumstantial evidence, on the other hand, suggests that discrimination occurred. It requires that assumptions be made regarding a person’s objectives and biases. This type of evidence tends to be more common in such cases, as employers are generally careful about not committing discrimination within written correspondences.

Obtaining direct evidence is ideal when proving workplace discrimination. Collect any incriminating letters, memos, emails, or statements from the relevant individuals in your place of employment. If direct evidence is not available, circumstantial evidence will suffice. Case law sets forth the test for proving a “prima facie” case of discrimination:

• Are you a member of a protected class?
• Were you qualified for the position that you held or were applying for?
• Did your employer take adverse action against you during the process of hiring, firing, promoting, compensating, or other conditions of employment?
• Were you replaced by a person who is not in your protected class?

Answering yes to these four questions is a strong indicator that workplace discrimination has occurred. When evaluating how to prove workplace discrimination, however, it is advised to seek legal assistance from a qualified employment discrimination lawyer.

What Are The Best Practices For Filing a Workplace Discrimination Claim?

There are several options available to victims of workplace discrimination, namely:

• Filing a complaint with the employer
• Filing a charge of discrimination with the Equal Employment Opportunity Commission
• Filing a complaint with the New York State Division of Human Rights
• Filing a lawsuit

It is possible to utilize all of these avenues, but many individuals want to expedite the process and ensure that their workplace is made safe as soon as possible. Furthermore, many victims of workplace discrimination fear retaliation and avoid filing a complaint for this reason.

Regardless, it is imperative to gather all evidence that can be used to prove workplace discrimination. Ensure that all deadlines and time-frames are adhered to while filing a workplace discrimination claim. For instance, the EEOC requires that the instance(s) of discrimination must have occurred with the last 180 days.

Seeking legal assistance from an experienced workplace discrimination lawyer can be valuable in these situations. A skilled lawyer can help you navigate the process of filing a claim and ensure that your legal rights remain protected.

How Ricotta & Marks, P.C. Lawyers Can Help

Understanding how to prove workplace discrimination is the first step to achieving justice. At Ricotta & Marks, we help victims of workplace discrimination navigate the claim process and, if necessary, file a lawsuit in order to achieve fair treatment under the law. We work to remove all the stress and emotional burden from you during this process, allowing you to focus on your well-being. For more information or to speak with an experienced workplace discrimination lawyer, consider contacting Ricotta & Marks, P.C. at (716) 301-2704 today.

Can an Employer Run a Background Check on me? Some jobs require a high level of security or require a person to handle sensitive information. As such, employers may perform a legal background check for employment, An employer is allowed to run a background check on any job applicant during the hiring process, as long as the employer does not ask for medical or genetic information.

What do employers look for in a background check? An employer has the legal right to request many types of information. They may ask for your employment history, criminal history, education, credit score, and social media use.

When an employer does ask you for this information, they must treat you the same as everyone else. For example, you cannot be discriminated against or asked to provide additional information because of your age, ethnicity, gender, religion, or disability status.

Many employers gather this information from credit reports and criminal background checks. These cannot be done without your permission, however.

If your employer has conducted a background check without your permission or required additional levels of information from you because of your age, ethnicity, gender, religion or disability status, contact the workplace discrimination attorneys at Ricotta & Marks, P.C. Call (716) 301-2704 or send contact us online to schedule your free initial consultation.

An individual’s workplace environment is an integral part of their day-to-day routine. When a work environment becomes hostile it can be incredibly difficult to manage. Not feeling comfortable, safe, and respected in a workplace can have a substantial impact on a person’s emotional well-being. In turn, this can also affect a person’s finances, especially if the hostility in their work environment leads to detrimental performance. This is not uncommon, and for this reason, many individuals turn to employment lawyers for assistance.

At Ricotta & Marks, P.C., we work with our clients to help them understand what is a hostile work environment in New York City, and ensure their legal rights remain protected. We advocate on their behalf, working diligently to restore order and fairness to their lives. If you or a loved one has experienced a hostile work environment, you may be wondering if there are legal remedies available to you. Thankfully, it is possible to seek compensation. Consider contacting a Ricotta & Marks, P.C. hostile work environment claims attorney today at 347-321-8895 to get started.

What Is a Hostile Work Environment in New York City?

A hostile work environment exists when an individual is subjected to behavior within a workplace that creates an uncomfortable, unsafe, and/or unwelcoming environment based upon their membership in a protected class, such as their race, gender, or age. Under federal and state labor laws, the creation of a hostile work environment is one form of employment discrimination.

While employment discrimination can involve unfair hiring practices or the like, a hostile work environment is present in the actual employment context. Day to day, individuals who are victims of hostile work environments are forced to endure unfair or unfavorable treatment by coworkers, including:

• Insults and bullying
• Intimidation
• Offensive jokes
• Sexual harassment
• Slurs and name-calling
• Ridicule or mockery
• Threats
• Disparate treatment in terms of workload or supervision
• Discrimination

Employees are protected against discrimination under Title VII of the Civil Rights Act of 1964. This law may be applicable in hostile work environment cases, but there are a variety of other laws on the federal and state level that apply to these cases. This is due to the fact that hostile work environments often involve a variety of unlawful behaviors and actions, including discrimination and harassment, against any of the protected classes. Pregnancy discrimination laws, disability discrimination laws, or sexual harassment legislation, for example, may all be applicable in hostile work environment cases.

In New York City, an employee may file a hostile work environment claim against any person or people who create a hostile workplace. This can include supervisors, managers, coworkers, or any other relevant individual within their place of employment. Hostile work environment claims will be reviewed holistically, taking into consideration a variety of factors including:

• Frequency of the incidents
• Severity of the incidents
• Emotional and psychological harm suffered
• Interference in work performance

Ricotta & Marks employment lawyers can help answer what is a hostile work environment in New York City as well as educate you on how to go about filing a claim or a lawsuit.

How Do Hostile Work Environment Claims Differ From Quid Pro Quo Sexual Harassment Claims?

Hostile work environment claims differ from quid pro quo sexual harassment claims due to a few reasons. Unlike in quid pro quo sexual harassment cases, hostile work environment claims do not require one specific victim or target. Rather, the employer has created an environment that is generally unsuitable for work.

Moreover, due to the nature of quid pro quo sexual harassment cases, the perpetrator is almost always a person of authority in the workplace. This is not necessarily the case in hostile work environments, where the perpetrator can be any individual within the organization, regardless of authority.

Understanding quid pro quo sexual harassment is important when considering what is a hostile work environment in New York City. In some instances, a quid pro quo sexual harassment matter can be a contributing factor to a hostile work environment. In this way, navigating a hostile work environment claim can be difficult and an experienced hostile work environment claim attorney can help differentiate between the two forms of unlawful behavior.

How Ricotta & Marks, P.C. Lawyers For Harassment and Other Claims Can Help

At Ricotta & Marks, P.C., we leverage our skill and expertise in order to achieve results for our clients. What sets us apart, however, is our compassion. We understand the stress of enduring a hostile work environment. No person should be subjected to unlawful discriminatory or harassing behavior. For this reason, we go above and beyond to ensure that our clients receive the representation that they deserve.

While experiencing a hostile work environment can leave you feeling vulnerable, you do not need to endure the stress alone. With two discrimination offices in New York, we are able to provide legal services to you quickly and efficiently. Consider contacting an experienced hostile work environment claims lawyer at Ricotta & Marks, P.C. today at 347-321-8895 to learn more about how we can help.

Is it Illegal for a Former Employer to Give me an Unsubstantiated Bad Reference?
While it is not illegal to give a bad reference if the statements are true, you can file a lawsuit if an employer is purposely sabotaging your job search efforts by lying to prospective employers.
References, whether good or bad, have to be truthful. If you were disciplined at your last job, failed to complete projects on time or constantly showed up late, these are statements that an employer can legally provide to a prospective employer.

If, however, you have been a model employee, but your employer told another employer some lies to keep you from getting a job, you may be able to file a legal claim. You will have to prove three elements:

• The information given was untrue.
• This inaccurate information had a negative impact on your job search.
• The employer was negligent in providing another employer with this information.

Contact Ricotta & Marks, P.C.

If you have proof of all three elements, contact the employment attorney’s at Ricotta & Marks, P.C. Call (716) 301-2704 or send contact us online to schedule your free initial consultation.

Can you terminate an employee for looking for another job? Most employees are considered at-will employees, which mean that as an employer, you can fire the employee without cause as long as it’s not for a discriminatory reason. Therefore, an employee can be fired for looking for another job, especially if you have a specific policy forbidding job hunting or found out that the employee was performing job searches and going to interviews during normal work hours.

However, there are some things to be aware of. You may not be able to fire an employee who is part of a labor union. Also, if you have a contract with the employee, read it thoroughly before giving out pink slips. Does the contract state that the employee cannot be fired without a good reason? Does it specify that a certain disciplinary process must take place before termination? If so, then you as an employer could be sued for breach of contract. If you have a non-compete clause, then it may be upheld in court.

Do you Lose Your Pension if Fired? If you are at risk of losing your job, you may wonder: Do I lose my pension if I get fired? Can I get my pension if I quit? The answers will depend on the type of pension you have and whether or not you are vested in your pension.

If your retirement plan is a 401(k), then you get to keep everything in the account, even if you quit or are fired. The money in that account is based on your contributions, so it’s considered yours.

However, if you have a traditional pension plan that your employer is contributing money toward, your employer can take back that money in the event that you are fired. However, if you are vested in the pension, then all the money in the account is yours to keep, even if you quit or are fired. Becoming vested depends on the rules of the pension plan. Some may require that you work for the company for three or five years before you become vested, but it may be even longer for your company.

Call Ricotta & Marks, P.C., at (716) 301-2704 or send us an e-mail to schedule your free initial consultation today.

Choosing An Employment Lawyer In New York City

If you have experienced employment discrimination in New York City, you may feel unsure how to proceed and how to hold your perpetrators accountable. The consequences of discrimination are far-reaching and many victims of employment discrimination feel vulnerable and unsafe. In this way, it can be very difficult to decide to seek legal recourse. Also, figuring out how to choose an employment lawyer in NYC can add to the pressure.

At Ricotta & Marks, P.C. we put our clients first, acknowledging the trauma they have experienced and working alongside them to take action. Taking the first step is not easy, but it can be life-changing. Consider contacting an experienced employment discrimination attorney at (716) 301-2704 to learn more about your legal options.

How Do I Choose An Employment Lawyer In NYC?

Selecting the right employment lawyer for you is extremely important. But how exactly do you choose an employment lawyer in NYC? There are hundreds of practicing employment attorneys, but not all are the same. So what sets your attorney apart from the rest?

When choosing an employment lawyer in NYC, there are several questions that you should bear in mind, including:

• “Does this lawyer focus on employment law?” Law firms, generally speaking, focus on a specific area of legal practice. It would be unwise, therefore, to hire an estate planning attorney to represent you in an employment discrimination case.
• “How long has this lawyer been practicing employment law?” After you confirm that the attorney focuses on employment law, a good follow-up question is asking how long they have been practicing. This can provide insight regarding their experience and therefore their ability to navigate your claim skillfully and efficiently.
• “Can I speak openly with this attorney?” Trust and compassion are two important qualities that you should assess when meeting with an attorney. Particularly in discrimination cases, where the issue at hand is often sensitive and difficult to speak about. Consider whether or not you feel comfortable with this attorney and can speak openly with them.
• “What is this lawyer’s fee structure and how much will my case cost?” Finally, you want to consider the costs associated with the attorney’s services. Are they transparent with their fee structure? Have they made sure that you understand all of the costs and expenses? A trustworthy employment lawyer will be happy to discuss funding options and be open regarding their fee structure for your specific case.

Above all, it is key to research the attorney and ensure that you are making a sound and reasonable decision. Bad legal advice can cost you time, money, and stress down the line. For this reason, it is exceedingly important to be thorough when selecting an employment lawyer. Do not be hesitant to ask questions that will help you decide whether or not this attorney will effectively advocate on your behalf. An attorney’s response to your questions will often provide the insight necessary to make a well-informed decision.

How Much Does A New York Employment Attorney Cost?

Many victims of employment discrimination are concerned about the costs associated with legal representation. This concern is understandable, but many people do not realize that lawyers provide transparent fee structures, funding options, and alternative packages for their services.

Thankfully, skilled employment attorneys are able to recover damages, including but not limited to:

• Front pay and back pay
• Costs
• Compensatory damages
• Emotional distress
• Punitive damages

Employment lawyers may also recover attorneys’ fees, meaning the costs associated with legal representation are potentially covered within the awarded damages. This can be ideal for many individuals, as they do not need to worry about paying out of pocket or may be reimbursed for their legal counsel fees. Regardless, factoring in cost is an important factor in choosing an employment lawyer in NYC.

Why Choose Ricotta & Marks, P.C. New York Employment Lawyers?

Understanding how to choose an employment lawyer in NYC is the first step to receiving the compensation that you deserve. At Ricotta & Marks, P.C. we work tirelessly to advocate for our clients, ensuring that their rights are upheld to the fullest extent.

Our passion and skill are what sets us apart. With two employment law offices in NYC, we are able to service your needs and represent you through whatever issue that you face. Contact us at (716) 301-2704 to speak with a skilled employment discrimination lawyer today.

Being subjected to pregnancy discrimination can have life-long emotional and financial consequences. It is prohibited, under state and federal law, to treat a woman unfavorably due to her pregnancy or childbirth status. If an employer is found to be in violation of these laws, you may be able to seek legal recourse.

If you are wondering, “is it pregnancy discrimination if I am fired while on maternity leave?” or how to prove pregnancy discrimination, we can help. The team of experienced pregnancy discrimination attorneys at Ricotta & Marks, P.C. can help you determine whether or not unlawful pregnancy discrimination has occurred. We can also assist you in seeking remedies. Call our experienced attorneys today at 347-321-8895 to learn more about how we can advocate for you.

Is It Pregnancy Discrimination If I Am Fired While On Maternity Leave?

For many women, maternity leave is a beautiful and important time during their journey as a mother. Maternity leave is also guaranteed by federal and state law, ensuring that new parents do not have to choose between work and family-related responsibilities. But what do those laws cover? Is it considered discrimination if you are fired while on maternity leave? Those are pertinent questions that pregnant women must consider while navigating their work-life balance.

Under the Pregnancy Discrimination Act of 1978, discrimination based on pregnancy, childbirth, or pregnancy-related health conditions is explicitly prohibited. This means that treating a pregnant woman or new mother unfavorably could have serious legal consequences. Pregnancy discrimination, broadly, refers to any unfair treatment of employees or job applicants who are pregnant or have recently given birth, due to their pregnancy status. This unfair treatment can impact several areas of employment, including firing, hiring, pay, job assignments, and fringe benefits.

Included in fringe benefits is maternity leave. Therefore, if a new mother is fired from her place of employment solely because of her status as a new mother, or because she has taken maternity leave, the dismissal is considered discriminatory. An employer may not dismiss an employee due to her pregnancy, childbirth, or pregnancy-related condition. Doing so is a violation of the Pregnancy Discrimination Act.

On the other hand, however, it is permissible to terminate the employment of a woman on maternity leave if the termination is not based on pregnancy. The issue of “is it pregnancy discrimination if I am fired while on maternity leave?” is not always clear. You must consider what the motivating factors were for the dismissal. If you were dismissed because of the pregnancy, then the dismissal is considered pregnancy discrimination.

Most employers would not admit to dismissing an employee due to pregnancy. There are certain steps that are usually taken before an employer can dismiss an employee due to poor performance. If these steps were not followed before dismissal, proving pregnancy discrimination may be possible.

How Can I Prove Pregnancy Discrimination In The Workplace?

Proving pregnancy discrimination in the workplace can be difficult, but it is entirely feasible with the right help. In order to prove pregnancy discrimination, you must demonstrate that any unfavorable treatment can be sourced back to one of the following:

• You are pregnant
• You have just given birth
• You are dealing with a pregnancy-related condition

It can be difficult to prove pregnancy discrimination, especially when the discriminatory behavior was subtle or pervasive. Some of the more common examples of pregnancy discrimination include:

• Pressure to resign from a position due to having given birth
• A reduction in pay or hours due to pregnancy
• Failure to provide leave to an employee who is experiencing a pregnancy-related condition
• Singling out a pregnant employee for special procedures to determine their ability to work
• Reducing an employee’s shifts, therefore impacting their maternity leave
• Ruling that an employee may not return to work after childbirth
• Refusing to grant an employee maternity leave during their period of eligibility

If your employee engaged in any of the aforementioned behaviors, you may be able to file a claim for pregnancy discrimination. A pregnancy discrimination lawyer at Ricotta & Marks, P.C. can help you determine whether or not you experienced illegal discrimination at the hands of your employer.

How Can Ricotta & Marks, P.C. Pregnancy Discrimination Lawyers Help?

Unfortunately, pregnancy discrimination occurs often, both in New York City and the country at large.  At Ricotta & Marks, we understand how devastating this discrimination can be. You may feel alone, but many women wonder if it is pregnancy discrimination if they are fired while on maternity leave as well as other related questions. Navigating these issues can be complicated. For this reason, Ricotta & Marks, P.C. pregnancy discrimination lawyers are here to help. Consider contacting us at (716) 301-2704 to speak with an experienced attorney today.

Sexual harassment is a particularly devastating form of discrimination that can have lasting effects on an employee’s job and income prospects. Victims of sexual harassment are often subject to emotional distress, long-term adverse health consequences, and/or loss of employment. One of the most common forms of sexual harassment is called quid pro quo harassment, but what exactly does this mean?

At Ricotta & Marks, P.C. we have represented countless victims of sexual harassment. Not only do we understand how to identify this ubiquitous form of harassment, but we also have great experience in advocating for its victims. If you were a victim of quid pro quo sexual harassment, you may be able to seek legal recourse. Consider speaking with an experienced Ricotta & Marks, P.C. sexual harassment lawyer at 347-321-8895 to learn more about your options.

What Is Quid Pro Quo Sexual Harassment?

The terminology “quid pro quo” is derived from Latin, referring to an exchange of goods or services. In the context of sexual harassment, therefore, quid pro quo is used to talk about instances where a sexual favor is offered or requested in return for something. Quid pro quo sexual harassment is illegal under the city, state, and federal legislation. Regardless of its illegality, however, it is an exceedingly common form of sexual harassment.

Quid pro quo sexual harassment is most often perpetrated by a coworker, boss, or manager who holds a position of power of an employee. This is because power and authority are typically at the crux of quid pro quo sexual harassment, manifesting as an authority figure taking advantage of subordinate’s desire to elevate their career. Given the power dynamic, victims can feel vulnerable and unsure of how to hold their perpetrators accountable. For this reason, it is common to involve a sexual harassment attorney as an objective third party to advocate for the victim’s rights.

Many behaviors and actions can be considered quid pro quo harassment and some of the most frequent incidents include:

• A hiring manager offering a job applicant a position in exchange for a date
• A boss altering a performance evaluation if the employee agrees to engage in sexual acts
• An executive offering an employee a raise if they comply with sexual demands
• An employer terminating an employee for refusing to provide sexual favors
• A supervisor purposely writing a poor performance review because an employee would not agree to a date

In essence, if an individual feels pressured to engage in sexual acts in exchange for a career-related benefit, they may be a victim. If you have experienced harassment in the workplace and you are asking “what is quid pro quo sexual harassment?” Ricotta & Marks, P.C. lawyers can help.

How Does Quid Pro Quo Harassment Differ From Hostile Work Environment Claims?

In employment discrimination and harassment cases, it can be difficult to differentiate between quid pro quo harassment and hostile work environment situations. While we have answered “what is quid pro quo sexual harassment?” you may be wondering how these claims differ from hostile work environment cases.

There are two primary differences that may be present between the two types of cases, namely:

• Hostile work environment claims do not require an employment benefit being put at risk
• Quid pro quo cases have a specific target, while hostile work environments can be felt even by employees who were not the target of the discriminatory behavior

For behavior to be consistent with a hostile work environment claim, it must be:

• Disruptive to the victim’s work
• Known to the employer

In these cases, it is often true that the employer was aware of the hostile work environment yet they did not adequately attempt to put an end to it. This differs from quid pro quo harassment, which may not be known to anyone other than the victim and perpetrator, and may have only occurred one time or a handful of times, in private.

How Ricotta & Marks, P.C. Sexual Harassment Lawyers Can Help

If you were a victim of sexual harassment, you may be unsure of where to turn for help. These feelings are not uncommon. At Ricotta & Marks, P.C., our team of experienced sexual harassment lawyers have represented victims, ensuring that they are treated fairly under the law and compensated to the fullest extent. Call us today at (716) 301-2704 to learn how we can advocate for you.

Are Discrimination Settlements Taxable? If you have ever sued a person and received a settlement for your physical or mental pain, you may wonder: Are settlements taxable? The answer would be yes or no, depending on the nature of the settlement.

According to the Publication 4345 from the IRS, settlements for physical injuries would be deemed non-taxable if you did not itemize deductions for medical expenses associated with the injury. For employment-related lawsuits, such as those involving discrimination, the tax laws are a little different.  Physical injuries or sickness are tax free. Damages awarded for emotional injuries are not tax free. The exception to this is if the emotional issues were triggered or caused by a physical injury or sickness.

Settlements are typically divided into various portions. For example, a portion of your settlement may be for lost wages. A portion may be for mental anguish. There may be amounts allotted for other damages you suffered. The portion of your settlement that you received for lost wages would be considered taxable. Lost wages could include back pay, front pay and severance pay. These amounts would be subject to Social Security and Medicare tax rates. You would also be responsible for employment taxes and you would have to report it as income on Form 1040 on your tax return.

Contact Ricotta & Marks, P.C.

You do not have to tolerate workplace discrimination or accept working in a hostile environment. We are here to protect you and your livelihood. Call Ricotta & Marks, P.C., at (716) 301-2704 or send us an e-mail to schedule your free initial consultation today.

Can you get Fired for Something you do Outside of Work? If you are not a union or government employee, you are considered an at-will employee. As an at-will employee, you can be fired for any reason. This means you may face dismissal for conduct outside of work.

However, terminating an employee for off-duty conduct can be illegal in some cases. For example, you cannot discriminate against employees and fire them solely based on their age, gender, race, national origin, religion, disability or veteran status. You could, though, fire an employee who engages in illegal activities or does not follow company policies, such as failing a drug test.

Whether or not you will get fired for an activity that occurs outside of work will depend on the circumstances. For example, violent crimes will almost always get a person fired from their job. If you’re a truck driver and get a DUI, then you will likely get fired, whereas if you’re in a position that does not require driving, then you may not get fired.

What Constitutes Wrongful Termination? Essentially, wrongful termination depends on the employer. In New York, private employers have much more freedom in terminating employees for almost any reason they see fit. This is not necessarily true for public employers or employers of union workers, however, who must uphold collective-bargaining agreements in their termination of employees. Collective bargaining refers to the ability of employees to negotiate their contracts with their employers. Unions work to enforce the rules of a contract, therefore protecting employees throughout the process of contract negotiation, including contract termination.

Several laws prohibit employers from wrongfully terminating employees. Understanding what constitutes wrongful termination is key before moving forward with a case. The most common prohibited reasons include:

• Discrimination based on a protected category such as race, age, sex, national origin, military status, disability. For more information on the categories protected under employment discrimination laws, consider visiting our online resource.
• Retaliation. As an employee, you are legally protected by retaliation laws against being terminated on the basis of your participation or involvement in a workplace complaint, investigation, or any related activity. Therefore, if you filed a complaint with the EEOC and were terminated immediately following the investigation, you may be a victim of wrongful termination under the law.
• Participating in any legal political or recreational activities during your personal time. Engaging in political protests or legal recreational activities in the workplace is most likely permitted by your employer. How you conduct yourself in your free time, however, is your choice.
• Forming, joining, or otherwise supporting a union. Employees have the right to unionize. This even protects collective action at the lower level, such as gathering with fellow coworkers to improve wages or working conditions.
• Serving jury duty. You cannot legally be terminated for fulfilling jury duty responsibilities.
• Filing for workers’ compensation or disability benefits. 
• New York City only: Requesting sick leave. If you are employed in New York City and have been fired for requesting or taking sick leave, you may have been wrongfully terminated.

Q: What If I Believe my Wrongful Termination was in Retaliation?

As mentioned above, it is unlawful to terminate an employee for engaging in legally protected activities. Retaliation can occur after an employee has:

• Reported or filed a discrimination or harassment complaint
• Participated in a discrimination or harassment investigation
• Reached out to a higher authority to report unsafe or unhealthy working conditions
• Testified in a lawsuit against an employer

It is illegal to fire an employee due to any of these aforementioned factors. If you believe that you were wrongfully terminated in retaliation, you have options at your disposal.

The law protects employees who were terminated wrongfully due to retaliation. In fact, retaliation is the most frequently cited form of discrimination by the EEOC. That being said, the EEOC fields retaliation complaints, but you must file a claim within 300 days of the retaliation. The National Labor Relations Board and the New York State Division of Human Rights also investigate instances of retaliation and discrimination. The New York State Division of Human Rights has a longer time period to file a claim, 1 year.  If you believe you have been wrongfully terminated on the basis of retaliation, these organizations are excellent outlets to begin the fight for justice.

In many cases, it is advised to seek legal assistance from experienced workplace retaliation attorneys. The team at Ricotta & Marks P.C. are highly-experienced and ready to fight for your rights. We are available to discuss what constitutes wrongful termination under the law and ensure that you are treated justly.

Q: How Do I Prepare To Meet With A Lawyer?

Retaliation and whistleblowing are legally complex issues and speaking with an attorney can help you decide whether you have a viable claim under the law. Before you meet with a lawyer, compile all relevant information regarding your claim. Keep track of documents and/or any signed contracts. Piecing together a timeline of events is helpful as well, since cases involving wrongful termination on the basis of retaliation are time-sensitive. The less time that has elapsed since initially reporting discrimination/harassment and the termination, the stronger your case.

A lawyer will help you review all the facts of the case and make an informed decision about how to move forward. If you do have a wrongful termination case, an attorney can present the best legal strategy to vindicate your rights.

If you or a loved one was wrongfully terminated due to retaliation, time matters. Do not hesitate to file a complaint or seek legal assistance. At Ricotta & Marks P.C., we are trained to recognize what constitutes wrongful termination.

How Can I Prove Sexual Harassment At Work? Sexual harassment is pervasive in the workplace, as evidenced by the large percentage of men and women who report such incidents annually.

Before 2019, New York state legislation required sexual harassment to be “severe or pervasive” in order to be considered unlawful. Now, “petty slights or trivial inconveniences” are also acknowledged as sexual harassment under the law. This has severely reduced the burden on sexual harassment victims, who formerly needed to prove that harassment was consistent, severe, and debilitating to be successful in courts.

Due to this change in legislation, much less is needed to prove sexual harassment at work. As many harassers deny their behavior, proof is incredibly important in sexual harassment cases. Maintaining proof can take the form of:

• Keeping detailed records of harassment: Make notes of any conduct, language, or actions that you consider harassment. Write down any occasions in which you are treated differently than your coworkers or when a crude and/or inappropriate comment was said to you. Write the date, time, location, and any available witnesses who saw the interaction. Also, protect your notes. Do not leave them out in a public space. Keep them hidden and private.
• Saving communication from the harasser: An excellent form of proof in sexual harassment lawsuits is actual conversations between yourself and the harasser(s). Even if the conversations are crude, offensive, or difficult to look at, keep them somewhere safe. Such records can serve as undeniable proof of harassment, which can make the difference in a lawsuit.
• Reporting the harassment to your employer: Filing a formal complaint through your place of employment is a great starting point for both alleviating sexual harassment issues and preparing for a lawsuit. Not all companies have a designated channel to field sexual harassment complaints, however. In such cases, consider contacting the human resource department or a supervisor at your company.
• Filing a complaint with the EEOC or relevant statewide agency: The Equal Employment Opportunity Commission is the federal organization responsible for fielding employment discrimination and sexual harassment complaints. After you open a case with the EEOC, they will perform an investigation into the incident(s). If sexual harassment is found to occur and the EEOC is unable to resolve the issue through conciliation, the EEOC is able to file a lawsuit on behalf of the victim.

Q: Are There Different Types Of Sexual Harassment?

Yes. There are two recognized forms of sexual harassment:

• Hostile work environment sexual harassment
• Quid pro quo sexual harassment

Hostile work environment sexual harassment occurs when there are  incidents which create a consistently unhealthy work environment. To prove this type of sexual harassment, courts will consider the frequency and severity of the harassment as well as whether or not the harassment ever become physical or was physically threatening. Moreover, if the sexual harassment impedes work performance or results in psychological harm, hostile work environment sexual harassment may be proven.

Quid pro quo sexual harassment is a bit different. Quid pro quo sexual harassment happens when one person in the workplace offers benefits to another in exchange for sexual favors. Alternatively, quid pro quo harassment includes the threat of demotion, negative performance reviews, unfavorable shifts, or job loss due to a refusal to comply with sexual demands. Due to the nature of this form of sexual harassment, it most commonly occurs between a boss or authority figure and their subordinate.

Q: How Can I Prove A Promotion Was Withheld Due To Sexual Harassment At Work?

Proving that a promotion was withheld due to sexual harassment at work can be particularly difficult. It is illegal for employers to select or disqualify employees for promotion based on any protected categories. If you were eligible for a promotion and believe that your employer withheld the promotion due to sex or sexual harassment, you may have a lawsuit against your employer.

It is important to understand what constitutes unlawful failure to promote. There are legitimate reasons to not promote an employee, including:

• Failure to meet qualifications
• Lack of educational credentials or experience requirements
• Poor performance in current job duties
• Failure to report to work compliant to schedule
• The presence of a more qualified candidate

To prove that the promotion was withheld due to sexual harassment, it is necessary to collect evidence. Ask to see your personnel file and record notes to substantiate if any information was added, removed, or reported inaccurately. Be sure that you maintain a consistent job performance to avoid legitimate claims against you on behalf of your employer.

Seeking legal assistance may be an ideal option. The expert legal team at Ricotta & Marks can guide you on how to prove sexual harassment at work.

What does it mean when EEOC gives you a right to sue? If you are not a union or government employee, you are considered an at-will employee. As an at-will employee, you can be fired for any reason. This means you may face dismissal for conduct outside of work.

However, terminating an employee for off-duty conduct can be illegal in some cases. For example, you cannot discriminate against employees and fire them solely based on their age, gender, race, national origin, religion, disability or veteran status. You could, though, fire an employee who engages in illegal activities or does not follow company policies, such as failing a drug test.

Whether or not you will get fired for an activity that occurs outside of work will depend on the circumstances. For example, violent crimes will almost always get a person fired from their job. If you’re a truck driver and get a DUI, then you will likely get fired, whereas if you’re in a position that does not require driving, then you may not get fired.

Contact Ricotta & Marks PC

You do not have to tolerate workplace discrimination or accept working in a hostile environment. We are here to protect you and your livelihood. Call Ricotta & Marks, P.C., at (716) 301-2704 or contact us to schedule your free initial consultation today.

What is the Pregnant Workers Fairness Act? New York State and the Federal Government have offered some protection to Pregnant Employees for quite some time now. However, lawmakers are finally beginning to see that we cannot have true gender equality in the workplace without a more complete suite of protections in place. To that end, the Pregnant Workers Fairness Act went before Congress in October 2012. As we wait to learn the bill’s fate, a discussion of the law’s finer points is a valuable exercise.

Below, we discuss some of the text of the Pregnant Workers Fairness Act from the point of view of a Plaintiff’s side Employment Attorney who hopes to use this law to protect clients victimized by pregnancy discrimination.

Sec. 2. Nondiscrimination With Regard To Reasonable Accommodations Related To Pregnancy.

It shall be an unlawful employment practice for a covered entity to–

(1) not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity;

(2) deny employment opportunities to a job applicant or employee, if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee or applicant;

(3) require a job applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that such applicant or employee chooses not to accept; or

(4) require an employee to take leave under any leave law or policy of the covered entity if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of an employee.

The reasonable accommodation provisions added here in paragraph (1) could extend protection to new mothers when their Family Medical Leave Act (“FMLA”) runs out. Childcare emergencies, including the loss of a previously hired nanny or the sudden illness of a stay-at-home father, could now be viewed as events that an employer must accommodate in full. Prior to this, we often had to fight with employers, and even file with the Equal Employment Opportunities Commission and the New York State Division of Human Rights, to even obtain a short extension of mere days beyond what a mother is due under the FMLA.

Paragraph (2) does very little to extend protections for pregnant employees in New York State, but it is positive to see the Federal Government catching up with the protections offered here. We can only hope they do so in other areas of discrimination as well.

Paragraph (3) is an interesting provision and we will be watching closely to see how Courts may someday interpret these words.

Paragraph (4) will allow women who wish to remain at their jobs to do so. This is a key protection, as women who have uncomplicated pregnancies will retain the ability to compete and earn in the workplace.

SEC. 3. REMEDIES AND ENFORCEMENT.

(a) Employees Covered by Title VII of the Civil Rights Act of 1964-

(1) IN GENERAL- The powers, procedures, and remedies provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the Commission, the Attorney General, or any person, alleging a violation of title VII of that Act (42 U.S.C. 2000e et seq.) shall be the powers, procedures, and remedies this title provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 5(2)(A), except as provided in paragraphs (2) and (3).

(2) COSTS AND FEES- The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. 1988), shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, or any person, alleging such a practice.

(3) DAMAGES- The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, or any person, alleging such a practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes of the United States).

The remedies presented here are no great change from those previously available to New York City residents. Such provisions under the New York State Human Rights law are not as strong and so I am happy to see the extension of Federal attorneys’ fees rights to New York State Plaintiffs who are not covered by the New York City Human Rights Law.

Contact Ricotta & Marks, P.C.

Call (716) 301-2704 or contact us to schedule your free initial appointment with our pregnancy discrimination lawyers. Learn more about how the pregnancy discrimination lawyers at Ricotta & Marks, P.C. can help you!

Do Mortgage Loan Officers Qualify for Overtime? (Application of the Administrative Exemption under Section 13(a)(1) of the Fair Labor Standards Act, 29 U.S.C. § 213(a)(1))

On March 24, 2012, Deputy Administration Nancy J. Leppink of the U.S. Department of Labor issued guidance stating that employees who perform the typical job duties of a mortgage loan officer do not qualify as bona fide administrative employees exempt under section 13(a)(1) of the Fair Labor Standards Act, 29 U.S.C. § 213(a)(1).

In plain English, this guidance means that many loan officers and underwriters in the mortgage industry are not overtime exempt; in fact they may never have been overtime exempt at all. In an industry that works as many hours as the post-2008 mortgage brokers do, the number of overtime hours that many employers may be forced to pay out could be startling.

We suggest that any loan officer, underwriter or mortgage industry employee who does not currently receive overtime should immediately contact an experienced employment attorney to discuss the viability of their overtime claim. There is a high likelihood that you have options for redress that can be pursued without putting your employment prospects at serious risk.

If you have been denied overtime pay or feel you should be receiving overtime pay, contact Ricotta & Marks, P.C., to learn more about what our New York employment lawyers can do for you. There is no fee unless we win your case. Call us at (716) 301-2704

Can my Employer Fire me for Being Pregnant? Getting fired for being pregnant or being treated unfavorably in a work environment due to pregnancy or childbirth is against the law. Pregnancy discrimination involves treating a woman unfavorably because of pregnancy or childbirth. Pregnancy discrimination is rampant in many top companies across the country. Women have been known to get laid off once they start showing. Some are fired after giving birth. Others are allowed to keep their jobs but are demoted or forced to pump breast milk in cluttered spaces.  Similarly, it is illegal for an employer (with 15 or more employees) to refuse to hire a pregnant woman or to refuse to hire an applicant because she could potentially become pregnant in the future.

An employer cannot fire or refuse to hire a woman solely for being pregnant. Pregnancy is considered a form of temporary disability, and as such, women who are pregnant are treated the same as those who are disabled. If you were fired while pregnant, you may be able to file a legal claim against your employer.

Contact the Pregnancy Discrimination Lawyers at Ricotta & Marks, P.C.

Come talk to us if you are being overlooked after a pregnancy. We will be able to tell if you have a case and will educate you as to what you can do to remedy the situation. You have the right to be able to support your new family. We will help you protect it. Learn about the Pregnant Workers Fairness Act.

Call (716) 301-2704 or send us an e-mail to schedule your free initial appointment with our pregnancy discrimination lawyers.

What is the Status of the Employment Non-Discrimination Act? Discrimination can take many forms, each of which is a violation of basic human rights. While the federal government currently protects many groups from discrimination in the workplace, it does not currently recognize the LGBTQ community as a group in need of such protections. The Employment Non-Discrimination Act (ENDA) seeks to remedy that by banning discrimination in the workplace based on sexual orientation.

On September 23, 2012, the House Education and Labor Committee held a hearing on ENDA. As of that date, the Act had the bipartisan support of 178 members of the House of Representatives. If passed, the Act would add sexual orientation to the list of unfair and arbitrary reasons for discrimination in the workplace, including race, gender, national origins and disability. The American Civil Liberties Union is playing an active role in advocating for this legislation, stating that “We believe such legislation continues to be an essential part of equal protection under the law.”

While there have been some state laws in effect since 1982 (21 states as of 2012) to ban discrimination based on sexual orientation, the fight to have federal legislation has continued. ENDA was first introduced in 1994 in the 103rd Congress and has been presented (with varied terms) to Congress in every session (except the 109th) since that time. If passed, the Act would give the LGBTQ community the rights of a “protected class” of citizens, making discrimination in the hiring process, as well as within the workplace, illegal under federal law.

The discrimination attorneys at Ricotta and Marks, P.C. are here to make sure you are treated with respect as a prospective hire and once you are an employee. Call Ricotta & Marks, P.C., at (716) 301-2704 or send us an e-mail to schedule your free initial consultation today.

What is Teacher Discrimination in New York? Any person can face discrimination in the workplace—even teachers. Teachers have the same rights as other professions, but many face pressures, such as age, race, gender, marital status, sexual orientation, pregnancy, and academic freedom. Even in New York, many teachers have filed discrimination suits in the past decade over issues such as race, age, sexual orientation and marital status. Many teachers are discriminated against for being the only one of a certain category, such as the only teacher in the school who is black, gay, or over the age of 50.

Teachers face a lot of pressure. Educating children is not an easy task, and a teacher should not have to worry about the possibility of discrimination. A person’s race, gender, age, or disability is not something he or she can control and that person should not be penalized for it.

How Tenure can Lead to Discrimination

Teachers are limited in their academic freedom. Teachers typically cannot promote personal, religious, or political agendas in the classroom. The only exception would be if the teacher is tenured. Tenure typically applies to college professors and allows them an indefinite teaching position. The only reasons a tenured teacher could be terminated would be budget issues or program discontinuation.

Tenure is considered to be important. It protects academic freedom, which is crucial for teachers who teach and conduct research in higher education. Many faculty members publish their research findings in publications, so they need to have protections in terms of freedom of speech in order to transmit knowledge.

Tenure, however, is becoming less common. Currently, just 21% of teachers in the United States are tenured.

Tenure can sometimes lead to discrimination in that tenured faculty are not forced to retire at a certain age. The school cannot terminate these teachers, so they may instead strain educational resources. These teachers are often highly paid and contributing less and less as they get older. This can result in age discrimination, since younger, more capable teachers cannot get a teaching job. This can also cause imbalance with academic programs.

Can a Union Help?

If you are facing discrimination, your teachers’ union may be able to help. Unions ensure employees work in safe conditions and protects their rights. A union can advocate for your rights and help you understand your options if you feel you have not been treated properly. Your union representative can help you write a complaint and present it to your employer.

If that does not work, you can file a complaint at the local level, with the New York Division of Human Rights (DHR). If you live in New York City, you can also file a discrimination claim with the New York City Commission on Human Rights (CHR). You can also file a complaint with the Equal Employment Opportunity Commission (EEOC) or contact a lawyer.

Contact a New York Employee Discrimination Lawyer

Teachers should be hired based on their experience, capabilities, and ability to provide students with a solid education. Age, race, gender, sexual orientation, pregnancy, religion, and disability should not be factors.

If you are a teacher who has faced discrimination by a school and your union has been unable to help, contact the attorneys at Ricotta & Marks, P.C. We are knowledgeable of all the state and federal laws that apply and can protect your rights and livelihood. Call our office at (716) 301-2704 to schedule a free consultation.

What are the Rights of Domestic Violence Victims as a Protected Employment Class in New York State? According to New York State law, it is now illegal for any employer to discriminate against survivors of domestic violence during the hiring process or in any way pertaining to employment. Domestic violence-survivor status (or being perceived as a victim of domestic violence) has joined age, race, creed, color, national original, sexual orientation, military status, disability, genetic characteristics and marital status as a protected classification.

The survivor and perpetrator may be married, living together or dating. They may be in a traditional or non-tradition family, and they may be gay or straight.

While the law-an amendment to Executive Law Section 292-applies to employment, it does not extend to other areas, including housing or education.

To learn more about how our attorneys fight discrimination, contact Ricotta & Marks, P.C., at (716) 301-2704. We return calls within 24 hours. We have offices in Jackson Heights, Queens, and Westbury, Long Island.

What are Considered to be Reasonable Accommodations for Religion? The law requires employers to reasonably accommodate their employees’ religious beliefs or practices. The law deems an accommodation “reasonable” if it does not unduly cause difficulty or expense for the employer. An example of a reasonable accommodation is permitting an employee to voluntarily swap shifts with a co-worker so that he or she can attend religious services or pray at work.

Contact Ricotta & Marks, P.C.

Contact our religious discrimination attorneys at (716) 301-2704 to talk about your situation or send an e-mail to schedule your free initial consultation today. Learn about how the religious discrimination attorneys at Ricotta & Marks, P.C. can help you!

What are the Types of Workplace Religious Discrimination? There are many ways in which a person can face discrimination in the workplace. One of them is because of their religion. Because some religions have strict rules about clothing, hair, and prayer, it is not uncommon for employees to be teased or harassed about their beliefs.

However, this behavior is illegal. Under Title VII of the Civil Rights Act of 1964, employers must accommodate the religious practices of employees. A person who faces comments, slurs, and hostility because of his or her religion can sue an employer for religious discrimination.

Types of Religious Discrimination

A person may face discrimination from a supervisor, co-worker, or customer. Religious discrimination can take on many forms. It can include harassing an employee because of his or her religion. Harassment may include offensive remarks about a person’s religion. However, the harassment has to be severe and pervasive. Teasing or isolated remarks would not qualify.

Religious discrimination may also include refusing to hire or promote those who do not follow a certain religion. Employers may demote or terminate an employee who is of a religion that is different from that of the owners of the company. Segregation can also occur, but this is illegal, as well.

Religious discrimination can also occur based on one’s perceived religion. Some religions are similar to others, so it is not uncommon to confuse a Christian employee with a Catholic one, or a Sikh individual with a Muslim. This confusion can lead to discrimination.

Reasonable Accommodations for Religion

An employer is required to make reasonable accommodations for an employee’s religious beliefs, as long as the accommodation does not create a burden, or undue hardship, on the company. The employer must make minimal adjustments as needed, including changes such as flexible scheduling, shift swaps, and modifications to workplace policies.

Examples include the following:

• Exceptions to the company’s dress and grooming code. For example, a Pentecostal Christian woman may not wear pants or short skirts or a Muslim woman must be allowed to wear a religious headscarf.
• An employee needs a schedule change because working on the Sabbath is prohibited.
• An atheist needs to be excused from the prayer portion of staff meetings.
• An employee who is a follower of Native American spiritual beliefs needs to take time off work to attend a ritual ceremony.
• A Muslim employee needs to engage in daily prayers at various times throughout the day.

An undue hardship would involve causing a lack of necessary staffing, jeopardizing health or security, or costing the employer a significant amount of money. In these cases, religious accommodation is not required.

Contact a New York Discrimination Lawyer

Everyone has their own beliefs about religion. Many are devoted to Christianity, Catholicism, Judaism, or some other religion, while some are atheists who do not believe in religion at all. Whatever you believe, you should not face discrimination in the workplace because of it.

If you are facing religious discrimination at work, get help from the employment discrimination attorneys at Ricotta & Marks, P.C. We can protect your religious freedom so you do not have to choose between your job and your religion. Schedule a free consultation today. Call our office at (716) 301-2704.

What is Workplace Discrimination Against Single Mothers? Many employees face discrimination in the workplace because of their race, age, disability, religion, gender, or sexual orientation. Others are discriminated against because of their marital or family status. This is especially true for single mothers.

Many single mothers are in their situation because they are divorced or widowed. These women are often hardworking and dedicated to their jobs. However, employers often see single mothers as negative influences on the company instead of valuable assets. Many employers make unfair assumptions about single mothers. They may think they lack commitment to their jobs and focus more on their children. Instead of communicating with single mothers about their goals and schedules, they demote them, turn them down for promotions, and even terminate them unjustly.

Juggling work and family is challenging enough. Many single mothers, even ambitious ones, must also face discrimination in the workplace. According to a study, a woman with children was 79% less likely to be hired than a childless one. A mother receives, on average, $11,000 less in salary and is held to higher performance standards.

This discrimination, called maternal wall bias, can stall their career, making them unable to move forward. Because they cannot get a pay raise, it can be difficult for a woman to support her children. They may be forced to work multiple jobs or find a better-paying one.

Under state and federal laws, employers are required to make reasonable accommodations for parents. This may include a more convenient shift or extra time off for family issues, such as a sick child. At the very least, the employer should communicate with the employee and not simply assume that the employee will have ongoing special needs simply because she is a parent.

How Single Mothers can Protect Themselves

In the past, single mothers had just gone with the flow, not making any waves. However, with workplace discrimination cases getting more attention in recent years, judges are more likely to favor discriminated employees in court cases. In fact, approximately two-thirds of employees will prevail at trial. These family responsibilities lawsuits have also grown by 400% between 1998 and 2008. When employers fail to follow the law, they can end up paying dearly. In some cases, the awards top $1 million, which can include economic, emotional, and punitive damages.

Women can protect themselves by looking for biases in the workplace. These would include assuming that female workers prefer being home with their families rather than working or assuming that a woman’s family responsibilities will make it more difficult for her to succeed in the workplace.

Some examples of discrimination single mothers may face include:

• Being fired because they are pregnant or will take maternity leave.
• Not being flexible with the work schedules of single parents, while giving flexible schedules to employees without children.
• Not being promoted simply because they have children.
• Lying about performance issues in order to justify the dismissal of employees who are single mothers

Contact a New York Discrimination Lawyer

Many single mothers are hard workers, but some employers do not see it that way. They see single mothers as incapable of making a commitment to work. They deny them for promotions and raises, making it hard for these parents to succeed.

If you have faced discrimination from your employer simply because you are a single parent, the attorneys at Ricotta & Marks, P.C. can take action on your behalf. Schedule a free consultation by calling our office today at (716) 301-2704.

What are Considered to be Reasonable Accommodations for a Disability? The law requires employers to provide reasonable accommodation to employees or job applicants with disabilities. Such accommodations include changes to the workplace (or work process) that assist those with disabilities in their application to, or performance of, a job. An accommodation is considered “reasonable” if it does not cause significant difficulty or expense for the employer.

Reasonable accommodations include actions like rearranging a workspace to accommodate a wheelchair user or providing a reader or interpreter for a blind or deaf employee or applicant.

Contact Ricotta & Marks, P.C., at (716) 301-2704 to discuss how you have been discriminated against because of your disability or other employment discrimination matter. Learn more about how the disability discrimination lawyers at Ricotta & Marks, P.C. can help you today!

What are the Signs of Age Discrimination in the Workplace? When hiring a person to fill a job, employers should look at factors such as experience, skill, and ability to work well with others. Is the person reliable? Does he or she have good references?

Unfortunately, some employers cannot look past a person’s age. Many companies try to portray a fresh, youthful environment, so they hire those fresh out of college. Younger people are often seen as more adaptable and accepting to change, while many older people are seen as stubborn and unwilling to learn new things.

These stereotypes are not always true. A person’s age should not dictate how well they work. Refusing to hire someone, failing to promote an employee or even terminating someone solely because of their age is considered age discrimination, which is illegal.

What is Age Discrimination?

The Equal Employment Opportunity Commission (EEOC) defines age discrimination as negative treatment of an employee because of their age. It prohibits age discrimination against those over the age of 40. It does not protect those under the age of 40. Age discrimination can still occur when the discriminator and the victim are both over 40.

Age discrimination can occur in the form of discrimination or harassment. An employer cannot discriminate against an older worker in terms of hiring, firing, promotions, pay, training and other employment conditions. Harassment takes the form of pervasive behavior that is frequent or severe and creates a hostile work environment that leads to demotion or firing. The harasser can be a supervisor, co-worker, or client.

Signs of Age Discrimination

Anyone can face age discrimination. In some cases, even younger workers are seen in a negative light because they are sometimes not as friendly, responsible, or competent as older employees. Some are also seen as demanding, expecting better pay, more time off, and better benefit packages.

Are you a victim of age discrimination in the workplace? Here are some signs:

• Job reassignment. If you have suddenly been given unpleasant duties, your employer may be trying to get you to quit.
• Comments about your age. If your manager suddenly starts asking you about retirement, then he or she may be hoping you will be leaving soon.
• You get no more raises. If you outperform your younger co-workers, but get smaller raises or no raise at all, then age discrimination may be to blame.
• Your once-stellar performance reviews are suddenly poor. Employees do not go from good to bad overnight. If you are suddenly getting bad reviews without a good explanation, then your employer may be looking for a reason to get rid of you.

Contact a New York Discrimination Lawyer

Unfortunately, older employees tend to face discrimination in the workplace, even though they often bring a wealth of experience and a positive attitude to a company. They should not be forced out of work simply because of their advanced age.

The employment discrimination attorneys at Ricotta & Marks, P.C. want to hear your story. We can file an EEOC claim against your employer, if necessary. Call our office at (716) 301-2704 for a free consultation.

What is Valuable Evidence of Overtime Entitlement under the Fair Labor Standards Act?

Judge Shira Scheindlin of the Southern District of New York held recently in Kadden v. Visualex that employment information relating to the successor of the Claimant’s position in a claim is relevant to proving whether or not the Claimant had similar overtime benefits when they previously held the position.

The evidence in question included:

• The successor’s offer letter
• Offer letters to other employees
• Successor’s job title
• Successor’s duties
• Successor’s education
• and; Successor’s training

In the case of Kadden v. Visualex, all of the above information relating to the new employee replacing the Claimant, or the “successor,” was relevant to prove whether or not Kadden had similar overtime benefits during his time in the position. In his circumstances, the court was attempting to determine if Kadden was employed in a bona fide professional capacity, making him exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”).

Call the New York wage and hour dispute attorneys at Ricotta & Marks, P.C., at (716) 301-2704 or send us an e-mail to schedule your free initial consultation today. We help people in all types of industries with New York wage and hour claim issues, including those in the service industry.

How Can I Investigate a Sexual Harassment Claim? Employees have the right to work in an environment free of harassment. Unfortunately, sexual harassment is common in many workplaces. Many workers face verbal and physical harassment, as well as sexually explicit remarks and unwelcome sexual advances that can create a hostile work environment.

Employees do not need to be subject to this behavior. If they are being sexually harassed by a coworker, customer, manager or someone else, they have a right to file a complaint. Unfortunately, though, many employers do not take these complaints seriously. They ignore the situation, hoping it will go away. Instead, this almost always makes the situation worse.

Legally, your employer cannot retaliate against you or ignore the claim. Under the law, once your employer is aware of the sexual harassment, they must take prompt action to stop it. This means they must investigate the behavior and punish the offender appropriately so that the harassment stops. If you made a complaint to your employer, and they did not nothing to improve the situation, you may be able to file a lawsuit.

Evidence for Sexual Harassment Claim

If you are being harassed at work, you may want to let the offender know that you want the behavior to stop. If nothing happens, then take your complaint to HR or your manager. It helps to be armed with the right evidence. This would include the following:

• Evidence of the harassment, such as texts, emails, voicemails or any written materials from the harasser
• Any photos or videos of the harassment
• Testimony from witnesses
• Employee handbook outlining any sexual harassment policies

You should see your manager armed with this evidence. Your employer should take your claim seriously and work quickly to resolve the issue. Follow up if needed. If you find that your employer is ignoring you or not taking your claim seriously, then it may be a good idea to seek legal help.

Next Steps

Before you can file a lawsuit, you will need to file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate and inform you of the next steps. You may be interviewed about the situation. Once the investigation is complete, you will receive a decision. If you receive a “Right-to-Sue” Notice, then you can proceed with filing a lawsuit. Make sure you file your lawsuit quickly, as statutes of limitations will apply. Your lawyer can help you obtain damages against your employer. Even if you do not receive a “Right-to-Sue” Notice, but your employer retaliates against you for filing a complaint, you should seek legal help.

Contact a New York Sexual Harassment Attorney

Your employer should take your sexual harassment claim seriously. If you have filed a complaint, but to no avail, you may be able to file a lawsuit against your employer.

If your employer has refused to protect your rights or has retaliated against you, the employment law attorneys at Ricotta & Marks, P.C. can help. We have options that can hold your employer liable for their actions. Call our office at (716) 301-2704 to schedule a free consultation.

It is Legal to Terminate an Employee for Racism? Judge Denise Cote, of the Southern District of New York, recently held in Olsson v. Wenner Media that it is not illegal to terminate an employee based upon that employee’s real or perceived discriminatory actions.

In the case, Olsson argued that his participation in a racially motivated act, and/or his participation as the subject of an investigation related to racially motivated activity, protected him under Title VII of new York State Law from being terminated for the racially motivated act. The court disagreed, stating that this did not qualify Olsson to be part of a “protected class” that the act would serve.

Olsson, who claims he was terminated in 2009 because his employer suspected he was involved in a racially motivated work incident in 1986, would have had to pursue his claims under a defamation theory. However, to do so he would have had to allege all the elements of defamation, including a willful intent to mislead, which he failed to do in this action.

Contact Ricotta & Marks

Call (716) 301-2704 or contact us online to speak with our race and nationality discrimination attorneys about your circumstances. Learn more about racial discrimination in the workplace. We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

Ricotta & Marks, P.C., has offices employment law office located in Queens, New York and Long Island City, New York, and serves clients throughout New York State, including, but not limited to, clients within Astoria, Bayside, Corona, Elmhurst, Flushing, Forest Hills, Howard Beach, Jamaica, Kew Gardens, Ozone Park, Richmond Hill, Douglaston, Great Neck, Little Neck, Nassau County, Suffolk County, Brooklyn, Bronx, Nassau, and Manhattan.

What is the Importance of Employee Handbooks? When employees join a company, it is important to ensure they are all on the same page. Maybe the company has set procedures for communication. Perhaps the company has certain rules in place regarding breaks and time off.

Instead of making the employees guess as to what rules they need to follow, it is a good idea to document everything that workers need to know in an employee handbook. An employee handbook should be given to all new workers upon hire so they know what is expected of them. If they are unsure about a certain policy, they should be able to find it in the handbook or at least know whom to contact for clarification. A good employee handbook also helps workers understand their rights while protecting the employer from litigation.

Companies big and small can benefit from an employee handbook. It is an important document that every employer should give to employees. It documents expectations on both ends and clears up and misunderstandings. A well-written employee handbook can serve as a manual for employees, managers and HR personnel. Even if you have just one or two employees, such a handbook can be beneficial.

Why is an Employee Handbook Important?

An employee handbook offers many benefits. It sets work schedules, standards of conduct, compensation, workplace safety rules, benefits, and leave policies. It also includes anti-discrimination policies and outlines what to do if an employee needs to file a complaint.

An employee handbook also brings about consistency to a company. It discusses expectations for ethics and behavior, reducing complaints. A handbook saves time, reducing the amount of time HR personnel have to repeat the same procedures.

An employee handbook gives clarity about job responsibilities, allowing employees to ramp up productivity more quickly. It also helps companies comply with state and federal laws, providing defense for employers in the event of a lawsuit.

Tips for Creating an Employee Handbook

If your company does not have an employee handbook in place yet, here are some tips for creating one:

• Make sure all policies are covered. These include policies dictated by law, as well as policies that are specific to the company. This would include things such as time off, dress code, and communication policies.
• Use simple language. Make sure the handbook is easy to understand. Avoid using legal jargon that can make it difficult for your employees to understand. You do want to prevent misinterpretation, though, so be thorough.
• Update it as needed. As law or employer policies change, make sure the employee handbook is updated so employees are kept up to date.

Contact a New York Employment Law Attorney

Employee handbooks may not seem like an essential item for many businesses, but even the smallest business can benefit from one. By having one available to all employees, you can prevent misunderstandings and lawsuits.

If you are an employer, you need to protect your bottom line. The employment law attorneys at Ricotta & Marks, P.C. can help you create the documentation you need so your business can succeed. Schedule a free consultation today by calling our office at (716) 301-2704.

What is the Older Worker Benefit Protection Act? Age discrimination is still an issue in America. Employers seek out young, energetic workers in favor of older employees who may be set in their ways or may not have the skills and education that companies desire.

Still, discriminating against someone solely based on their age is illegal, as set forth in the Age Discrimination in Employment Act (ADEA). However, this act was amended in 1990, when Congress passed the Older Worker Benefit Protection Act. This act was put in place to not only protect the jobs of older Americans, but their benefits, as well.

The Older Worker Benefit Protection Act (OWBPA) prohibits discrimination against older workers in terms of employee benefits. Employee benefit plans that fall into this category include pensions, retirement plans, and insurance plans. Older workers must receive the same amount of benefit payments as younger workers, so there cannot be any difference based on age. The OWBPA does allow employers to adjust for life insurance and other benefits that are more expensive for older workers.

The OWBPA prevents several other actions. Employers cannot fire only older workers when making staff reductions. They also cannot force older workers to waive their rights. When more than one employee is terminated at the same time, employers are required to provide detailed information about the termination to ensure fairness. If the termination does not comply with OWBPA rules, it legally cannot be enforced.

However, there is one exception: When reductions in employee benefit plans are made based on age and can be justified by significant cost reductions. What this means is that employers are allowed to have a “bona fide seniority system” in place, but they cannot force involuntary retirement onto their employees simply because of their age.

Waiver Rules

There are waiver rules in place under the OWBPA. An older worker can waive the right to sue the employer, but the employee must follow certain guidelines, such as using the correct language. Otherwise, the waiver may be rejected. When a legal waiver is in place, the employer will give the employee an incentive for voluntarily leaving the company. In exchange, the employee cannot sue the company.

Under the OWBPA, there are several restrictions on agreements not to sue. To ensure any waiver agreements are legal, both employers and employees need to understand these restrictions. An employer must use clear language that is easy to understand. The waiver cannot include any hidden rights or claims that the employee may not discover until after signing the waiver has been signed. The employer must give the employee a reasonable amount of time to decide to sign to waiver. In addition, the employer must offer something of value to the employee, such as money, in exchange for their signature.

Contact a New York Age Discrimination Attorney

A person’s age does not affect their ability to do their work. Unfortunately, some employers favor younger employees and this can cause layoffs and reduced benefits among older workers.

If you are facing discrimination in the workplace solely because of your age, the employment law attorneys at Ricotta & Marks, P.C. can help. We know the laws that apply and can defend your rights. Schedule a free consultation today. Fill out the online form or call (716) 301-2704

What is the 29 CFR Part 1614: Federal Sector Equal Employment Opportunity? The EEOC has made some changes to how Federal Employees report discrimination.

The revisions include:

• Reaffirming the already existing requirement that agencies comply with EEOC regulations, Management Directives, and Bulletins;
• Continuing the already existing requirement that agencies comply with EEOC regulations, Management Directives, and Bulletins;
• Providing for EEOC notices to non-compliant agencies;
• Permitting pilot projects for EEO complaint processing;
• Requiring agencies to issue a notice of rights to complainants when the investigation will not be completed in a timely manner;
• Requiring agencies to submit complaint files and appeals documents to EEOC in digital formats;
• And making administrative judge decisions final when based on the merits of class complaints, with both parties having the right to appeal to EEOC.

You do not have to tolerate employment discrimination. We are here to protect you and your livelihood. Call Ricotta & Marks, P.C., at (716) 301-2704 or send us an e-mail to schedule your free initial consultation today.

Are Service Dogs a Reasonable Accommodation at Work? You probably see service dogs out and about while running errands. Service dogs, unlike pets, are allowed to be in public places under the Americans with Disabilities Act (ADA). What if you are disabled and need a service dog while at work?

Surprisingly, there are no employment laws that explicitly allow service animals in the workplace. Title I of the Equal Employment Opportunity Commission (EEOC) requires employers to make reasonable accommodations for disabled employees. This means that the employer should have a dialogue with the employee to learn more about the disability and determine his or her requirements in order to perform the required job duties. However, an employee does not have an automatic right to have a service dog in the workplace. Therefore, it is easy for an employee who relies on a service dog to face disability discrimination in the workplace.

Why Would Someone Need a Service Dog in the Workplace?

There are several reasons why someone with a disability would need to have a service animal with them in the workplace. To be clear, a service animal can be either a dog or a miniature horse, but employers are more likely to allow dogs instead of horses.

Service dogs are trained to assist people with a variety of tasks. If someone is blind or suffers from severe vision problems, he or she may need a service dog to help navigate the workplace. A person who is deaf or hard of hearing may receive assistance from a specially trained dog. If a person suffers from a seizure disorder, a dog may be able to predict seizures.

Dogs can be useful for managing emotional disorders, as well. Someone with PTSD, for example, may benefit from the calming effects of a dog. However, emotional support animals are not covered under the ADA, as they are not trained to perform specific tasks.

Requesting a Reasonable Accommodation

If you need a reasonable accommodation such as a service dog to do your job, it is best to put the request in writing. You should describe your disability, how it affects your job, and how a service dog will assist you in performing your job. You should also explain how the dog has been trained. Your employer can request documentation of any of these details to make a decision.

Your employer does not have to approve your reasonable accommodation if it would create an undue hardship. Simply not allowing dogs is not an undue hardship. The employer must be able to prove that allowing the service dog would be a huge burden or cost for the company. Even having an employee with dog allergies is not an undue hardship. For example, providing air filters, moving around employees and allowing for telecommuting are some options.

Contact a New York Disability Discrimination Attorney

It is important to communicate with your employer about your requirements and what you need to do to perform your job duties. If your employer will not allow you to have a service dog in the workplace, you may be able to sue your employer for not allowing a reasonable accommodation.

Get help from the employment law attorneys at Ricotta & Marks, P.C. We can assess your situation and help you understand your rights. Schedule a free consultation by filling out the online form or calling (716) 301-2704

What is Criminal Record Discrimination? On the Federal Level, Criminal Record or Arrest History Discrimination can take two distinct forms:

According to Title VII of the Civil Rights Act of 1964, employers must give equal treatment to all employees with similar criminal records, regardless of their race, national origin, age, gender, disability, pregnancy status or religion. This means that under this act all persons with similar felony convictions must be treated similarly with regard to employment exclusion, regardless of belonging to one of the above named groups.

Disparate Impact Discrimination

When potential employees are excluded based upon their criminal record, and the effect of this exclusion effects one particular group more than others, or “disproportionately,” the employer must show that these exclusions are “job related and consistent with business necessity” under Title VII to avoid liability.

Contact Ricotta & Marks, P.C.

(716) 301-2704. Learn more about how the lawyers at Ricotta & Marks, P.C. can help New Yorkers facing discrimination based on their criminal records here.

What are a pregnant mother’s rights under the FMLA? The Family Medical Leave Act (FMLA) provides up to 12 weeks of unpaid time off to employees experiencing a family emergency or even a personal health issue, so long as their employer is of sufficient size to fall under the Federal law. Employees generally are entitled to be restored to the same or equivalent position upon return from leave under the Family and Medical Leave Act. She may have additional rights under New York State and City Law.

Hypothetical Situation:

A new mother who is out of work on FMLA leave, 8 weeks into her 12 week maximum amount of time, contacts her employer and lets them know that she does not intend to return to work at the end of her leave period. (Note to new mothers: if you receive health care or other time sensitive benefits from your employer, you may wish to wait until the end of your FMLA period to decide to resign!)

When is the new mother’s employment considered officially over?

The Department of Labor states in the relevant regulation: “If an employee gives unequivocal notice of intent not to return to work, the employer’s obligations under FMLA to maintain health benefits (subject to COBRA requirements) and to restore the employee cease. However, these obligations continue if an employee indicates he or she may be unable to return to work but expresses a continuing desire to do so.”

Will the employer be able to recover health care costs expended for the employee’s benefit while she was out on leave?

“Under the regulations, the employer may recover its share of health plan premiums during a period of unpaid FMLA leave from an employee if the employee fails to return to work, unless the reason for not returning to work is due to, among other things, “circumstances beyond the employee’s control.” The Department of Labor (DOL) makes clear that this phrase is “necessarily broad” and includes a situation where the employee chooses to stay home with a newborn child who has a serious health condition. However, the DOL acknowledges that this caveat clearly does not cover a situation where the employee chooses to stay home with a “well, newborn child.”

Contact Ricotta & Marks, P.C.

Learn more about FMLA claims and what our lawyers can do to help by contacting us at (716) 301-2704. Our office in Queens is convenient to the 7 train.

What is Same-Sex Sexual Harassment? When people think of sexual harassment in the workplace, the typical situation that comes to mind is a male supervisor asking a female employee for sexual favors. However, sexual harassment can actually take on a variety of forms. A co-worker or client can harass another person in the office. A woman can harass a man. A woman can harass another woman, and a man can harass another man.

Same-sex sexual harassment may not be as common as harassment by those of opposite sexes, but it still exists, and it is illegal. Those who are part of the LGBTQ community in New York are protected by state and federal laws. Read on to learn more about sexual harassment when the victim and harasser are of the same sex.

What is Sexual Harassment?

Sexual harassment can happen in many ways. It may involve sexual favors or unwelcome sexual advances. It could entail physical or verbal harassment. It may even involve remarks about a person’s gender or sexual orientation, with or without sexual undertones. Also included under sexual harassment are unwanted touching and groping, sexual gestures, derogatory comments, and displaying sexually explicit or offensive images.

Teasing and isolated incidents are typically not against the law. However, it becomes illegal when the incidents are so frequent or severe that they create a hostile or offensive work environment. The harasser can be anyone involved in the company, such as a co-worker, supervisor, client, or customer.

State and Federal Laws

LGBT employees are protected from sexual harassment under federal law. Title VII of the Equal Employment Opportunity Commission (EEOC) prohibits discrimination or harassment based on sexual orientation or gender identity. Transgendered people are also protected under this law, which means that firing or refusing to hire a person because they are transitioning from one gender to another is not allowed. Denying a person access to a restroom or not allowing them to have the same benefits as other employees solely based on their sexual orientation is illegal under this law.

Some states also have laws that prohibit same-sex harassment. In New York, there is the Sexual Orientation Non-Discrimination Act (SONDA). Passed in 2003, SONDA protects New Yorkers from harassment and discrimination based on sexual orientation in the areas of employment, education, housing, public accommodations, and civil rights.

Those who have faced same-sex harassment or discrimination may file a charge of discrimination with the New York State Division of Human Rights. They may also file a complaint directly in state court. These cases are hard to win, so hiring a lawyer is highly recommended.

Contact a New York Sexual Harassment Attorney

Sexual harassment may involve people of the opposite sex or people or the same sex. It does not matter. If you are being harassed in the workplace, you may be able to file a lawsuit.

Whether the harassment is coming from a co-worker, supervisor, man or woman, the employment law attorneys at Ricotta & Marks, P.C. can help you with your case. We can hold your employer liable for their actions and help you recover compensation. To schedule a free consultation, call (716) 301-2704 or fill out the online form.

What Are My Rights Against Workplace Sexual Harassment? While there is nothing inherently wrong about joking around and having friendly relationships with your coworkers, there are situations in which certain types of comments, actions, or gestures can get out of line. Despite attempts by human resources managers and employee relations professionals to raise on-the-job awareness regarding inappropriate behavior and the damage it causes, sexual harassment continues to be a problem in the workplace.

At Ricotta and Marks, P.C., we understand how difficult these situations can be, and the hesitancy of victims to speak up about the harassment they are facing. Our sexual harassment lawyers can help defend your rights, while offering you legal protection against retaliation.

Sexual Harassment in the Workplace

The New York Attorney General’s Office defines sexual harassment as unwanted sexual conduct which can impact employers regardless of their sex or sexual orientation. Harassment may be used as a bargaining chip in granting raises and promotions, or may play into hiring practices. It can also create a hostile and intimidating work environment, leading workers to suffer all types of both physical and emotional ailments as a result. Common types of sexual harassment include:

• Making sexually offensive comments or jokes;
• Sending offensive or pornographic emails;
• Posting flyers and distributing memos with sexually based pictures and comments;
• Requesting favors of a sexually suggestive nature;
• Making sexual gestures;
• Inappropriately touching or grabbing coworkers;
• Coercing coworkers into sexual acts.

All of the above are prohibited by both state and federal law, and could leave the employee committing these acts as well as the employer themselves open to a civil lawsuit.

Reach Out to Us for Help

When you are facing sexual harassment on the job or are dealing with potential retaliation for filing a claim, contact Ricotta and Marks, P.C. right away. Our experienced New York sexual harassment attorneys can help defend your rights in these types of situations, while making sure you get the compensation you are entitled to. Call or contact our office online today to discuss your case.

What is Shared Parental Leave Discrimination? Working and parenting are not mutually exclusive. A man or woman can be both a great parent and a great employee. After the birth of a child, either or both parents may take time off work to bond with their baby through parental leave policies in their state and through their employers. After all, while a person’s job is an important part of his or her livelihood, family is even more important.

Many employers do not feel this way, however, and discriminate against working parents. Some retaliate against those who use their parental leave—which they are entitled to receive under state and federal law. Many employees who take leave are demoted and even terminated.

Mothers and fathers are increasingly filing lawsuits and winning. The number of caregiver discrimination lawsuits has tripled in the past decade. Between 2006 and 2015, more than 3,000 cases were decided in courts. More than half have resulted in compensation for victims. These discrimination cases are costing companies a lot of money, with employees awarded nearly half a billion dollars. While most claims are filed by pregnant women and working mothers, the number of men filing lawsuits has increased dramatically in the past decade.

However, the act of being a parent is not protected under the Civil Rights Act of 1964. Despite this, employees are suing for unlawful sex discrimination and winning.

Parental Leave Laws

At the national level, the Equal Employment Opportunity Commission (EEOC) prohibits job discrimination based on sex, race, religion, disability and national origin. Many women are suing based on sex discrimination, since after giving birth, many women are demoted or even terminated from their positions in favor of less qualified men.

There is also a federal law available called the Family and Medical Leave Act. This law allows employees to take time off work to care for a family member without retaliation. Employees are allowed to take up to 12 weeks of unpaid leave.

Several states also make it illegal to retaliate against employees who take time off work for caregiving responsibilities. In fact, New York has the strongest parental leave laws in the country. Signed into law in 2016, New York’s Paid Family Leave provides eligible employees with paid time off to bond with a new child or care for an ill family member. Paid Family Leave also provides job protection, so employees can return to their jobs without discrimination or retaliation. Employees can also keep their health insurance during their time away from work, so they do not have to worry about coverage.

Contact a New York FMLA Violation Attorney

You have the right to care for your newborn child and other family members under state and federal law. Both mothers and fathers have this right. If your employer is discriminating against you because you are taking time off from work, protect your legal rights.

The employment law attorneys at Ricotta & Marks, P.C. are willing and able to take action against your employer. Contact us to schedule a free consultation. Call (716) 301-2704 or fill out the online form.

How do I File a Harassment Claim Against My Employer? In an ideal world, employees would have no issues with their employers. Everyone would work harmoniously without harassment or discrimination. Unfortunately, this is not always the case.

Workplaces are not always friendly. A co-worker, client or supervisor may discriminate or harass you to the point where you do not even want to come to work anymore. You may think that your only option is to quit your job, but it is not. There are things you can do to end the bullying you are facing in the workplace. Read on to learn more about the various employment claims and how to file a claim against your employer.

Types of Employment Claims

There are several common employment issues that you may encounter in the workplace, such as:

• Under the law, your employer cannot discriminate against you based on your gender, age, race, national origin, disability or religion. Discrimination may occur in terms of hiring, pay, promotions and discharge.
• Harassment may or may not be sexual in nature. An employee who is teased and ridiculed to the point where it creates a hostile work environment may file a claim against their employer.
• Sometimes employers will retaliate against a worker who files a claim. Retaliation such as demotion or termination is illegal.
• Wrongful termination. An employee cannot be terminated due to discrimination or retaliation.

Filing a Claim

If you are facing discrimination or harassment at work, here are the steps you should take to remedy the situation:

• Follow any policies set in place. Some companies have anti-harassment policies and procedures in place. If this applies to you, make sure you follow the steps for reporting the situation.
• Document the situation. Write down details about the incidents, such as when, where, who was involved and what was said or done. Identify any witnesses who can corroborate your story.
• Talk to your employer. Your supervisor or manager may not even be aware of the situation, so it helps to communicate and let them know. Most employers will want to avoid legal action, so they will most likely work with you to stop the problem.
• File a claim. If you have informed your employer about the situation and nothing changes, you have the right to file a claim with the Equal Employment Opportunity Commission (EEOC). Do not wait too long, though, as there are specific time limits that apply (up to 300 days). You can file a claim online, in person, by mail or by phone. The EEOC will investigate and give you a Notice of Right to Sue. At that time, you will then have 90 days to file a lawsuit.

Contact a New York Employment Law Attorney

You have the right to work without harassment, discrimination or retaliation. If your employer has broken the law, take the necessary steps to hold them accountable.

The employment law attorneys at Ricotta & Marks, P.C. are willing and able to take action against your employer. Our goal is to protect your legal rights. Schedule a free consultation by calling (716) 301-2704 or filling out the online form.

Can I Sue for Unfair Hiring Practices? People should be hired for positions based on how well they can do the job in question. Do they have the skills and experience needed? How much education do they have?

However, some employers base their decisions on other factors, as well. For example, some prefer to hire recent college graduates to keep their workforce young. A racist supervisor may only hire white people. A manager may not hire an applicant after finding out they are wheelchair-bound.

These decisions are based on discrimination. They are considered unfair hiring practices and can cause employers to be sued. If you believe you are a victim, learn more about how to file a lawsuit.

What are Unfair Hiring Practices?

While employers should ideally hire employees solely based on their skills, education, and experience, sometimes they require more information before making a decision. For example, many run background checks on applicants and gather information such as criminal records, credit history and driver’s license information. Some may uncover past employment records and find that an employee filed a claim against a previous employer for workers’ compensation or some other reason.

While running a background check is not illegal, it can be unfair if not done properly. For example, you must consent to it and you must not be asked inappropriate questions or forced to give additional, unnecessary background information in an effort for your employer to discriminate against you.

Other unfair hiring practices include showing preferences or discouraging applicants in job ads, as well as in the recruiting, application, and hiring process. If a position requires a test, every applicant must take the test, not just certain ones based on discriminatory factors. Job assignments, promotions, training, discipline, pay, and benefits are other areas of employment in which discrimination is illegal.

Filing a Lawsuit

If your employer is engaging in unfair hiring practices, they need to be made aware of the situation. The first step should be an informal complaint, which means letting your supervisor or human resources department know about your concerns. Come prepared with documentation and other detailed information about the situation, as complaints about unfair hiring practices must have supporting documentation. However, you can still voice your concerns about hiring practices if you have reason to believe someone else was unfairly denied employment.

If your employer does nothing to remedy the situation, you can file a formal complaint with the Equal Employment Opportunity Commission (EEOC). This should be done after informing your employer. Before filing a claim, gather documentation and be prepared to give a statement to the EEOC. The EEOC will then investigate and let you know of the next steps.

Contact a New York Employment Law Attorney

Employers need to be fair and legal when making hiring decisions. Discriminating against someone due to age, gender, race, disability, religion, or other protected factor is illegal and can lead to penalties.

The employment law attorneys at Ricotta & Marks, P.C. can assess your case and help you file a claim. We can protect your legal rights and your livelihood. To schedule a free consultation, fill out the online form or call (716) 301-2704

Can My Unemployment Claim be Denied in New York? Most people want to work and earn income, so it can be devastating to lose your job through no fault of your own. However, companies often go through tough financial times, and as a result, they may need to lay off employees. Some employees are let go due to wrongful termination, however, which is illegal.

This can be a hardship for employees, but the good news is that they may be able to qualify for financial assistance in the form of unemployment benefits. Unemployment benefits provide temporary income for workers who have been laid off from their place of employment. Workers who are laid off for economic reasons, such as a store closure, lack of work, or reduction in workforce are eligible. If you were fired, you may or may not be eligible, depending on the reason.

To be eligible, you must have earned enough money in wages. You must also be ready, willing, and able to work. You will have to look for work each week if you are receiving benefits.

How do I File an Unemployment Claim?

These benefits are not automatic. You must apply for them, and you should do so as soon as you lose your job. The easiest and most convenient way is to file a claim online. You will need a NY.gov ID. You will also be asked to provide your Social Security number, mailing address, and phone number, as well as information about your employment for the past 18 months. You can also file a claim via telephone by calling 1-888-209-8124. Note that there is a one-week waiting period.

Can I be Denied Unemployment Benefits?

Not everyone who loses their job is entitled to receive unemployment benefits. There are some situations in which an applicant can be denied. For example, you will generally not receive compensation if you were fired for misconduct. Misconduct may include theft, refusing or failing a drug or alcohol test, committing a crime or violating safety rules.

You could also lose benefits after being approved. For example, if you fail to look for work, turn down work, or are caught working and receiving unemployment benefits, your benefits could be terminated.

Can I File an Appeal?

If your claim has been denied, not all hope is lost. If you disagree with the decision, you have 30 days to request a hearing. To do so, mail in an Employer Request for a Hearing form. List specific facts as to why you are challenging the decision.

Contact a New York Employment Law Attorney

A worker who is laid off from a job is typically eligible to collect unemployment benefits in New York. If your employer is preventing you from getting the benefits you deserve, make sure you seek legal help.

It is important to have some sort of income while you are in between jobs. The employment law attorneys at Ricotta & Marks, P.C. can help you with the process of obtaining unemployment benefits. Schedule a free consultation today. Fill out the online form or call (716) 301-2704

Can You be Fired While on Disability Leave? You suffered a slip and fall incident and broke both your arms. You are currently at home, on disability leave, while your broken bones heal. You will have to be off work for three months. Since you are on disability leave, your job is protected, right? You should not have anything to worry about, right?

You would be wrong. There are state and federal laws regarding disability leave, but the laws are complicated. There are situations in which an employer can legally fire you while you are on disability leave, but there are also situations in which such a firing would be considered wrongful termination. Read on to find out if your job is at risk.

What New York Law Says

New York is an at-will state when it comes to employment. This means that employers have the right to lay off or fire an employee for any reason and at any time. The only exceptions are if a law or agreement forbids this. Therefore, if any type of law offers benefits to employees, such as paid time off, then employees legally cannot be disciplined or retaliated against for doing so. One such law that applies to disabled employees is FMLA.

Job Protection Under FMLA

The Family and Medical Leave Act (FMLA) is a federal law available to eligible employees: those who have worked for their employer (who has at least 50 employees) for at least one year and 1,250 hours. Eligible employees can take up to 12 weeks of leave in a 12-month period for family or medical reasons. While workers are not guaranteed their actual job, they must be restored to the same job or an equivalent job once they return from leave. This means the job must be identical in terms of pay and benefits.

While on FMLA leave, an employee cannot be fired. The only exception is if business necessity. If the company is going through a mass layoff while you are on disability leave, you may still be fired. However, if an employer fires a worker or takes an adverse employment action against them for no other reason, then the worker can file a lawsuit.

New York Benefits Program

New York created their Temporary Disability Benefits Program in 1949. The program provides paid benefits to employees who become disabled due to injuries or illnesses not related to their job. However, the benefits max out at just $170 a week, which is not much for most New Yorkers. Also, there is no guaranteed job protection, so they may not have a job once they heal. FMLA is the only program that offers protected leave.

Contact a New York Employment Law Attorney

Under New York law, you cannot be terminated from your job if you were lawfully taking time off through the FMLA program. Some employers discriminate against those who are disabled, so if you believe this is the case with you, seek legal help.

The employment law attorneys at Ricotta & Marks, P.C. can assess your case and see if your employer can be held liable for their actions. Schedule a free consultation by calling (716) 301-2704 or filling out the online form.

What are New York’s Workplace Surveillance Laws? Think your boss is not watching you play Solitaire on your computer because she is at an offsite meeting? Think again. More and more employers are installing cameras in the workplace to spy on employees.

According to a survey from the American Management Association (AMA) and The ePolicy Institute, 48% of the workplaces surveyed use video surveillance to prevent theft, sabotage, and other crimes. Just 7% monitor employee performance.

This may seem like an invasion of privacy. Is this legal? To some degree, yes. While your employer is not allowed to record everything in every area of the workplace, the law does allow for some video surveillance. Read on to learn more about New York laws.

What New York Workplace Surveillance Laws Say

For the most part, video surveillance is legal in the workplace. However, under Section 203-C of the New York Labor Law, employers cannot record video of an employee in a locker room, restroom or other area where employees change their clothes. The only exception to this is if there is a court order allowing videotaping. If an employer does videotape an employee in these areas, they cannot use the video for any purpose. For example, if they catch an employee stealing from a locker room, they cannot use that video as evidence. They also cannot use the video to change a person’s employment in any way. An employer cannot, for example, demote a person, decrease their pay, change their position or fire them based on what they see in the video.

While video surveillance is allowed outside of these areas, the video cannot contain an audio component. This is called eavesdropping, or mechanical hearing of a conversation, and it is illegal under Section 250.05 of the New York Labor Law. Therefore, employers must ensure that their videos do not capture any conversations between employees or any other people, particularly without the consent of any of the parties involved. Otherwise, they can be charged with a Class E felony.

Any violation of these laws can result in penalties for an employer in New York. The court can award damages and attorneys’ fees and costs to a worker who files a lawsuit. Many employees receive compensation for emotional distress. Any employee who has had their employment affected by improper surveillance should contact an employment law attorney to learn more about their legal rights and available damages. It is possible that more than one employee would be affected by their employer’s actions, so it is possible that it could be a class action lawsuit, which would increase the employer’s liability in terms of damages.

Contact a New York Employment Law Attorney

While New York employers do have the right to videotape you on the job to some degree, the surveillance must be done appropriately. If you believe that your employer’s use of video surveillance was against the law or unethical, you may have an employment law case.

The employment law attorneys at Ricotta & Marks, P.C. can help you deal with any workplace issues you may face. Schedule a free consultation today by calling (716) 301-2704 or filling out the online form.

How Do I Handle Discrimination Complaints? Ideally, employees would be free to go to work and perform their duties without fear of discrimination. Unfortunately, that is not always the case. Employee discrimination is common in many workplaces and it can severely impact one’s performance.

A person can face discrimination for many reasons. Some people are discriminated against because of their age or religious beliefs. Many are harassed because of their race. Some women see discrimination when they are in workplaces filled with men.

As an employer, you will likely receive complaints about discrimination from employees, and you must take these seriously. If you ignore these complaints, the employee can file a complaint and even sue you. Because of this, it is important to have set procedures in place to handle these issues. Here is how to effectively handle discrimination complaints in the workplace.

What Are the Steps for Handling Discrimination Complaints?

Once you, as an employer, become aware of a situation involving discrimination, you should take swift action. Here is what to do next:

• Gather information. Talk to the victim about the situation. Let him or her describe what happened and get as many facts as possible. Gather evidence, such as emails and notes. Ask about possible witnesses.
• Get witness statements. Witnesses can help corroborate a discrimination claim. If a co-worker overheard the discriminatory remark, then that would be strong evidence in favor of the complainant.
• Speak to the accused. It is important to also speak to the person who is being blamed. Sometimes there are misunderstandings, and the accused may have thought of the remarks as teasing, while the complainant took the remarks more seriously. There is also the possibility that the complainant is making things up, so it is important to hear the accused’s side of the story.
• Take action. If it is clear that the accused did engage in discrimination or other inappropriate conduct, then it is important to take action. The action you should take will depend on factors such as the employee’s record, any past offenses, the severity of the action and what the company has done in the past to handle similar issues. Punishment may include anything from additional training all the way to termination. If it is not clear that any wrongdoing took place, it is important to ensure that employees know that discrimination will not be tolerated.
• Document everything. It is a good idea to have clear, organized documentation of evidence, interviews and everything else involved in the discrimination investigation. If the case goes to court, you will have the evidence to show that you took the appropriate steps and did not simply ignore the matter.
• Follow up. No matter the outcome, make sure you follow up with the complainant. Let them know if any action was taken. If none was taken, let them know why. If they uncover further evidence, they should let you know so you can take further action.

Contact a New York Employment Law Attorney

Employee discrimination issues should be taken seriously and handled with care. Every company should have procedures in place to ensure discrimination is handled appropriately.

If you are facing a discrimination case, the employment law attorneys at Ricotta & Marks, P.C. can help you understand your next steps. Schedule a free consultation today by filling out the online form or calling (716) 301-2704

What is the Employment-At-Will Doctrine? All states, including New York, are considered employment at-will states. If you are an employee or employer, what does this mean for you?

Basically, this means that either party can end their employment at any time. A worker can quit a job for any reason. At the same time, an employer can also decide to fire or layoff an employee whenever they feel like it. They do not need a specific reason to do so.

At-will agreements are technically not needed, since at-will employment is legal in all 50 states. However, some employers will use them anyway to ensure that employees are aware of their employment status. While you could refuse to sign this agreement, a company could contend that they could fire you for not doing so.

You should not sign an at-will agreement if it will unfairly benefit your employer. For example, if your employer promises you a full year of training, that is a great deal for you. Do not sign the agreement and lose out on this opportunity.

Are There Exceptions to Employment-At-Will Doctrine?

While at-will employment allows an employer to fire an employee for pretty much any reason, there are several exceptions. One is public policy. Federal and state laws prohibit discrimination and retaliation. This means that you cannot be fired simply because of your age, religion, race, gender or marital status, nor can you lose your job because you filed a complaint against your employer and they fired you as revenge.

Contracts can also contradict the employment-at-will doctrine. If an employer has the employee sign the contract guaranteeing certain employment factors, then ending the employment could create legal issues. Even oral statements and promises could be considered contracts.

Those who are in unions may not be subject to employment-at-will laws. The agreement may contain language that would define situations in which a person could be terminated.

Is it Wrongful Termination?

When does at-will employment turn into wrongful termination? When laws are broken and promises are not kept. If you and your boss have an implied contract, and you are fired before the terms are met, you could have a case. For example, if your manager discusses a project that is set to start in six months, it is reasonable to think you will still have a job at that time. However, if you are suddenly fired before that project starts, you may be able to claim wrongful termination.

People are often fired for discrimination and retaliation, and this is illegal. If you have reason to believe that you were fired based on your age, disability, race, gender, or other characteristics, seek legal help right away.

Contact a New York Employment Law Attorney

While New York is an employment-at-will state, there are some exceptions. If you were fired from your job for illegal reasons, we can help.

The employment law attorneys at Ricotta & Marks, P.C. can assess your case and see if any laws apply. We can assist you in getting the compensation you deserve. Schedule a free consultation today. Fill out the online form or call (716) 301-2704

What is New York’s Domestic Violence Leave Policy? Domestic violence is an issue that unfortunately affects many people in New York and across the rest of the country. Many are abused by their spouses, partners, parents, adult children, and other household members. Domestic violence can cause bruises, broken bones, head trauma, and other injuries. In some cases, victims are raped by their attackers.

When a person is a victim of domestic violence, he or she may have to miss work for a variety of reasons. Maybe the victim needs to seek medical attention or seek services from a shelter or program. Maybe the victim needs legal services or is required to appear in court. Perhaps he or she needs to care for a family member who was victimized by domestic violence.

New York has already prohibited discrimination against domestic violence victims, but these victims will receive even more protections beginning on November 18. Amendments to the law will help protect the employment of these victims and make it even harder for employers to discriminate against them. The amendments will make the following practices illegal:

• Refusal to hire or termination of an employee solely because they are a victim of domestic violence
• Discrimination against a victim in regards to compensation, terms, and other privileges
• Posting a job expressly stating a discrimination against domestic violence victims

In addition, New York employers must provide reasonable accommodations for domestic violence victims so they can seek medical attention for injuries, seek services from a shelter or program, care for a family member who is a victim and seek legal services or appear in court as needed.

Domestic violence victims are also covered under New York City Human Rights Law. Employers are required to provide reasonable accommodations to employees who have been victimized by domestic violence, stalking, or sex offenses. Employers must accommodate the employee’s requested leave unless the absence would constitute an undue hardship on the business. The time off may be paid, if the employee has any paid time off available. Otherwise, the time off may be unpaid. During their absence, employees will keep their existing health insurance coverage.

A victim of domestic violence may also use FMLA leave to take time off work. This leave may be used so that an employee can address their own serious health condition or to care for a family member who has suffered a serious health condition due to domestic violence.

Contact a New York FMLA Violation Lawyer

If your employer refuses to let you take time off work for an incident related to domestic violence, you may be able to file a claim against them. You have this right under FMLA, so be sure you understand what you are allowed to do.

Victims of domestic violence should not face discrimination by their employers. They have already been through enough. If you have been terminated or faced retaliation, demotion or other negative consequences, the attorneys at Ricotta & Marks, P.C. can help you take action against your employer. Schedule a free consultation today. Call our office at (716) 301-2704

Do I Get Paid Time Off to Vote in New York? Many New Yorkers are excited to participate in the voting process and pick their candidates for various offices, as well as cast their votes on issues that are important to them.

However, voting typically occurs during the week, so those who work full time may wonder what rights they have when it comes to voting. Will they be able to take time off work? What rights do they have? What are their employers’ obligations?

New York has many labor laws defining various employee rights, including voting. Employees should take the time to understand what voting rights they have under New York State’s Election Law.

New York State’s Election Law

Under Election Law § 3–110, all employees in New York are allowed up to three hours to vote in any election. This time off will be paid. Employers are required to allow this time at the beginning or end of the employee’s shift, unless the employee and employer agree on a different time to vote.

However, an employee cannot simply come to work on the day of the election and request time off. This time off must be requested at least two working days in advance to allow the employer adequate time to provide coverage for shifts, as needed.

Employers also have an obligation to provide employees notice of their voting rights. A notice informing employees of this election law must be posted in a conspicuous place (such as a breakroom) at least 10 working days before the election takes place. The notice must stay in place at least until Election Day.

This law became effective April 12, 2019. This is a change to the previous law, which allowed for just two hours of paid time off to vote, and with restrictions.

This law applies to all elections, including primary and special elections. New York State Election Law also covers elections at the federal, state, county, and city levels. However, school district, fire district, and library district elections are not covered under Election Law.

The law does not make provisions for certain employment issues. For example, whether or not an employer is required to request proof of voter registration or how PTO works for each employer is not outlined. Employers may want to seek the assistance of a lawyer to ensure that they are in compliance with the law.

Contact a New York Labor Law Attorney

New York is progressive when it comes to employee rights. Make sure you understand the benefits you are entitled to receive under state law, especially when it comes to voting rights.

All employees have the right to vote under New York law. If your employer has denied you this right, contact the employment law attorneys at Ricotta & Marks, P.C. We can ensure your employer understands the law and can help you obtain compensation for damages. Schedule a free consultation today by calling our office at (716) 301-2704

What is Labor Trafficking? You may have heard of human trafficking, in which people use force or coercion to make victims perform labor or sex acts. Labor trafficking is quite similar. This term refers to modern-day slavery. It is when a person forces another to perform labor and other services for little to no pay.

This is illegal. There are state and federal laws in place that govern how much a person is to be paid per hour of work. When a person is paid below that amount—or not at all—the victim can file a wage and hour dispute and recover compensation for the hours worked that were not paid.

Labor trafficking is more common than you may think. Nearly 25 million people in the United States are victims of forced labor. Labor trafficking can take on many forms. It can involve threats, lies, and violence. It can include forced labr, child labor, and debt bondage. Those who are trafficked often work in factories, on farms, and in homes as domestic servants.

Labor traffickers use false promises to lure people into labor trafficking. They may promise high pay or travel opportunities in hopes of luring people into horrible working conditions. These victims often end up working long hours for little to no pay. Anyone can be a victim of labor trafficking. However, immigrants and those in poverty are more vulnerable to the dangers.

Signs of Labor Trafficking

A person who is forced into labor trafficking may feel trapped, and unable to leave their employer. The signs of labor trafficking include the following:

• Physical harm or threats of harm
• Confinement or restricted movement
• Withholding of wages or documents
• Working to pay off a loan
• Poor health and safety standards
• Making the victim pay for food or tools
• Low pay or no pay at all
• High dependence on employer
• Long working hours with few or no breaks

Breaking Free From Labor Trafficking

If you or someone you know is a victim of labor trafficking, here are some things to do:

• Call 911. Emergency crews can get you out of danger if you have been threatened by violence.
• Call the National Human Trafficking Hotline. You can call this 24-hour hotline at 1-888-373-7888 or text HELP to BeFree (233733). You can speak to someone about the options and resources available to help you.
• Develop a safety plan. Call the National Domestic Violence Hotline at 1-888-373-7888 to find out ways to stay safe. They can help you create a personalized safety plan so that you can leave your situation.

Contact a New York Hour and Wage Attorney

All workers have a right to get paid for work performed. Forced servitude is a form of labor trafficking that is illegal.

There are hotlines and other services in your community that can help you get out of this terrible situation. The employment law attorneys at Ricotta & Marks, P.C. can take action against the perpetrator and help you obtain compensation for damages. To schedule a free consultation, call our office at (716) 301-2704 today.