Employment Discrimination on Long Island
Employees on Long Island continue to face discrimination in employment. Sex discrimination on Long Island can happen when an employer treats one particular sex different than another. For example, an employer may promote only men instead women. Another growing type of discrimination is gender discrimination and gender stereotype discrimination. An example of gender stereotype discrimination is where an employer fires a male who displays “effeminate” characteristics.
Other types of employment discrimination on Long Island are disability discrimination, race discrimination, national origin discrimination, and age discrimination. Employers are prohibited from making employment decisions such as hiring, firing, promoting, and pay based on any of these protected characteristics. Additionally, disability discrimination can occur when an employer refuses to provide a reasonable accommodation for an employee’s disability.
Sexual harassment is prohibited by Title VII of the Civil Rights Act and by the New York State Human Rights Law. Two types of sexual harassment are hostile work environment and quid pro sexual harassment. A hostile work environment exists when an employer subjects to an employee to unwelcome sex based abusive conduct in the workplace which is either severe or pervasive. Examples include sex based jokes in the workplace, pornography in the workplace, or demeaning words directed at an employee based on the employee’s sex. Severe conduct could include touching such as massaging an employee’s shoulders, or something more significant such as touching a female’s buttocks or breasts.
Quid pro sexual harassment occurs when a supervisor requests sexual favors from a worker in exchange for favorable treatment.
Most employment statutes protect employees who exercise rights granted by an employment law or who complain that their rights have been violated. For example, if an employee reasonably believes she has been discriminated against in the workplace and complains about, the employer is prohibited from retaliating against the employee for making the complaint. Examples of retaliation include anything which dissuade a reasonable employee from making a complaint, such termination, reducing pay, unfavorable work assignments, or subjecting the employee to a retaliatory hostile work environment. Employees are also protected for enforcing rights under the Family Medical Leave Act (FMLA) or for complaining about wage violations under the Fair Labor Standards Act (FLSA).
Failure to Pay Minimum Wage and Overtime on Long Island
Employees on Long Island are entitled to receive minimum wage and, in many cases, overtime. Waiters, waitresses, bartenders, busboys, cooks, and valets, are just some examples of vulnerable employees on Long Island who are frequently cheated out of minimum wage and overtime. Overtime must be paid to employees on Long Island who work more than 40 hours in a workweek and who are not otherwise exempt under the law. New York’s Wage Theft Prevention Act also requires that employees on Long Island receive wage statements for each pay period in which they are paid. Violations of the minimum wage, overtime, or wage statement requirement can result in significant damages for employers. Employees who have not been paid properly should speak with an employment lawyer on Long Island to discuss how the unpaid wages can be obtained.
Help for Long Island Employees
Employment laws on Long Island can be tricky to navigate. There are federal, state, and local laws which may apply. Famighetti & Weinick PLLC are employment lawyers on Long Island and can discuss your employment case with you. Our Long Island employment law office is located in Melville, New York. Our employment lawyers can be reached at 631-352-0050 or on the web at https://www.linycemploymentlaw.com or Facebook.