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Employment discrimination law is (for the most part) statutory, and is distributed among a variety of federal, state, and local laws and regulations. Although these statutes’ protections may overlap, they differ in terms of (e.g.) which employers are covered, administrative filing prerequisites, and damages/remedies. Below is a summary (not a complete listing or explanation) of…

Read More Which Employment Discrimination Laws Protect New York City Workers?
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One type of disability discrimination claim recognized by the anti-discrimination laws is a so-called “failure to accommodate” claim. This article is meant to give an overview of general principles applicable; it is not intended to cover all aspects of the law on this topic. In order to establish a failure to accommodate claim under the…

Read More The “Failure to Accommodate Disability” Cause of Action
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In employment discrimination law, the so-called “same actor inference” holds that “[w]hen the person who made the decision to fire was the same person who made the decision to hire, it is difficult to impute to [him] an invidious motivation that would be inconsistent with the decision to hire.” Orellana v. Reiss Wholesale Hardware Co., No.…

Read More The “Same Actor Inference” in Employment Discrimination Law
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Not every action taken by an employer against an employee is actionable under the anti-discrimination laws, even if the action is tied to a so-called protected characteristic. The dividing line between actionable and non-actionable conduct – for claims of retaliation or status-based discrimination – is the presence, or absence, of an “adverse employment action.” As…

Read More What is an “Adverse Employment Action”?
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By now you’ve probably heard/read about Dr. Anjali Ramkissoon, who was caught on a now-viral YouTube video attacking an Uber driver. Reports indicate that her employer, Jackson Health System, has placed her on administrative leave. The video suggests that Dr. Ramkissoon was not working or “on the clock” during the incident. This raises the question of whether, and to what…

Read More Off-Duty Conduct and Termination
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“Sexual harassment” is one type of unlawful discrimination based on “sex” under various statutes, including Title VII of the Civil Rights Act of 1964. The term “quid pro quo” is a Latin phrase that means “this for that”. In the context of employment discrimination/sexual harassment law, it has a specific meaning. “Sexual harassment claims are…

Read More What is “Quid Pro Quo” Sexual Harassment?
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Dog-bite injuries can be serious and in some cases deadly. If it happens to you, can you (successfully) sue under New York law for damages? It depends. Unlike in other types of personal injury cases, a person injured by a domestic animal (e.g., a dog) may not proceed on a theory of negligence. Rather, under…

Read More Who’s a Bad Boy? “Vicious Propensities” and New York Dog Bite Law
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Nannies (live-in and otherwise) are a prominent feature of many wealthy households, particularly those in New York City. The familial nature of the relationship may blur the line between what is proper and improper conduct. For example, the “workplace” is typically not an office, but rather the employer’s home; negotiations may be held at the kitchen…

Read More Nanny Rights: Special Protections for “Domestic Workers” in New York
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