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The Akin & Smith Law Officespecializes in labor and employment law with a focus on the employment discrimination, job disputes, and adherence to the standards of labor law in New York City. Sexual harassment is a specific form of gender discrimination that violates the terms of Title VII. Unwelcome sexual advances or other verbal and physical conduct of a sexual nature is considered sexual harassment when it interferes with an individual’s job performance or creates a hostile or offensive work environment. Businesses that are subject to anti-discrimination laws are prohibited from firing employees on the basis of race, age, gender or another protected category. Additionally, federal and state whistleblower laws protect employees from retaliatory firing if they report an employer’s potentially illegal activities to an appropriate state or federal agency. Title VII of the Civil Rights Act of 1964 (Title VII) prohibits workplace discrimination based on religion, national, origin, race, color or gender. The labor law’s prohibitions include harassment or discrimination based affiliation, physical or cultural traits and clothing, or association. Employers must provide a work environment that is free of harassment and they are liable for actions of both supervisors and an employee’s coworkers. Title I of the Americans with Disabilities Act of 1990 (Title I) prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified job applicants and employees with disabilities." The Age Discrimination in Employment Act of 1967 (ADEA) protects workers who are 40 years or older from age discrimination in hiring, compensation, benefits, job assignments, promotion, layoffs or firing. Compensation discrimination in the workplace is prohibited by the Equal Pay Act of 1963, Title VII, the ADEA and Title I, all enforced by the United States Equal Employment Opportunities Commission. The laws against compensation discrimination include all forms of payments made to or on behalf of employees as remuneration for employment. The federal Family and Medical Leave Act grants employees the right to an unpaid leave of absence of up to 12 weeks in a 12 month period to recover from a serious medical condition or to care for a child, parent or spouse. The Pregnancy Discrimination Act is an amendment to the Title VII and protects employees from discrimination on the basis of pregnancy, childbirth, maternity or related conditions. A severance agreement is a contract and before signing any employment contract it is important to consult with an employment lawyer. An attorney experienced in labor law can best review and negotiate a severance agreement so it is clear to you what rights and claims you might be giving up. The Office of Personnel Management issued Executive Order 13087 which prohibits discrimination based on sexual orientation within the Executive branch civilian employment of the federal government. There are additional New York State and City laws which also disallow job discrimination due to ones sexual orientation. |
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Akin & Smith, LLC | 30 Broad Street, 35th Floor, New York , New York 10004
