LIEB BLOG

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Showing posts with label Discrimination. Show all posts
Showing posts with label Discrimination. Show all posts

Friday, June 09, 2023

Navigating Updates in New York's Sexual Harassment Laws: A Fresh Perspective on Labor Law Section 201-g for Employers

As the landscape of anti-discrimination law continues to evolve, New York's Labor Law Section 201-g has seen significant updates that employers / employees should be aware of.  


The updates, which are encompassed in a  Model Sexual Harassment Prevention Policy, aim to strengthen workplace protections and foster a safe environment for all employees. New York employers must adopt the model policy or create their own sexual harassment prevention policies that meet or exceed state standards. They are also obligated to provide employees with annual sexual harassment prevention training. 


Let's take a closer look at the key changes:


1. Expanded Definition of "Sexual Harassment:

The new policy broadens the definition of sexual harassment to include harassment based on gender, gender identity, gender expression, or sexual orientation. It recognizes that harassment doesn't have to be of a sexual nature, emphasizing that any form of harassment related to these characteristics constitutes sexual harassment. Furthermore, the policy defines important terms such as "cisgender," "transgender," and "non-binary" to ensure a comprehensive understanding.


2. Updated Standards:

Previously, proving a claim of sexual harassment required demonstrating that the conduct was "severe and pervasive." However, the updated policy aligns with the law's 2019 amendments which eliminated this strict standard. Instead, it emphasizes that New York plaintiffs need only show they experienced inferior treatment compared to others based on protected class membership, similar to the standards set by the New York City Human Rights Law.


3. Virtual and Hybrid Workspaces - A New Frontier of Harassment:

The updates in the law recognize the rise of virtual and hybrid workspaces, providing examples to illustrate what constitutes harassment in these contexts. In a world where many employees continue to work remotely, it's crucial for employers to understand and address harassment that may occur outside of the physical office. This includes unwelcome comments or behaviors in virtual meetings and messaging apps, among other things.


4. Universal Application Across Discrimination Types:

The law clarifies that the policy applies equally to all forms of discrimination based on other characteristics, such as race, age, religion, disability, or sexual orientation. It underlines the fundamental principle that all employees should be free from any form of discrimination, regardless of its nature. The reporting and investigation procedures for other forms of discrimination are aligned with those for sexual harassment, ensuring consistent treatment and protection across all protected classes.


5. Interplay Between Sex and Other Protected Characteristics:

The revised law offers examples showing how sexual harassment can intersect with other forms of discrimination. These instances are crucial for employers to understand as they illustrate complex situations where employees might be subjected to discrimination based on multiple protected characteristics simultaneously. 


6. Third-Party Intervention: A Key Role:

One key update emphasizes third-party intervention in instances of perceived harassment or discrimination. The policy provides a clear set of five steps that bystanders can take to intervene and support those affected, including interrupting the harassment, seeking help from a third party, making a record of the incident, checking in on the target, and confronting the harasser. This change underscores the collective responsibility within organizations to maintain a respectful and inclusive work environment. 


7. Strengthened Retaliation Protections:

The policy's retaliation section now explicitly lists examples of retaliatory actions, including disparagement on social media platforms. Importantly, employees are protected from retaliation even if the alleged conduct is not ultimately deemed unlawful, provided they had a good faith belief that it was. This provision encourages a safe reporting environment for all individuals.


8. The Responsibility of Supervisors:

Supervisors play a critical role in maintaining a harassment-free workplace. The updated policy emphasizes that supervisors must not wait for a formal complaint before reporting incidents of harassment. It highlights their duty to offer accommodations to victims and highlights the potential disciplinary consequences for supervisors who fail to report known instances of harassment. 


Streamlined Complaint and Investigation Process:

The new policy streamlines the complaint and investigation process, with an emphasis on promptness. Investigations should be initiated and completed as soon as possible. Additionally, employees are no longer required to submit complaints solely through the policy's complaint form; they can report incidents orally or in other written forms such as emails.


The revised sexual harassment prevention policy in New York State signifies a crucial step forward in creating safer and more inclusive workplaces. By familiarizing themselves with these changes, employers and employees can contribute to a work environment free from discrimination.




Monday, May 22, 2023

PIX 11: Former Police Officer Retaliated Against by School for Defending Autistic Son's Rights. Lieb at Law Advocates for Justice

At Lieb at Law, P.C., we believe in protecting the rights of individuals who face unjust treatment. Today, we want to shed light on an alarming incident involving one of our clients, a courageous father and former police officer, who has recently faced retaliation from a local school district.

The heart of this story revolves around a dedicated father who took a stand against an unfair bathroom rule. Despite his valiant efforts to protect his autistic child's well-being, he became the target of unjust treatment from the school administration.

Our client, a former police officer who has devoted his life to upholding the law and safeguarding others, found himself banned from school property as a consequence of his bravery and commitment to fighting for what is right. It is disheartening to witness such retaliation against someone who simply sought equality and inclusivity for his child.

At Lieb at Law, P.C., we firmly believe that no one should face discrimination or retaliation for advocating for their loved ones. We stand with our client and his family, ready to support them in their pursuit of justice. 

PIX 11 News featured our client's struggle for justice. You can read the story in detail by following this link



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Monday, April 03, 2023

Disparate Impact Discrimination Rule Adopted by HUD for Housing Discrimination

Unintentional discrimination is still discrimination and can result in serious penalties in a lawsuit so long as the effects of actions cause a discriminatory result. 

In the sale, rental, or financing of dwellings and in other housing-related activities, HUD has clarified, by 24 CFR 100, its Rule to evaluate a case, which is effective on May 1, 2023. 

The Rule sets forth how our government analyzes a Title VIII Fair Housing Act case and looks back to reinstate HUD's 2013 rule, titled "Implementation of the Fair Housing Act's Discriminatory Effects Standard." Under the rule, discrimination occurs through "facially neutral practices with an unjustified discriminatory effect." To understand whether there is an unjustified discriminatory effect, the Rule requires "a burden-shifting test," as follows:
  1. The plaintiff or charging party is first required to prove as part of the prima facie showing that a challenged practice caused or predictably will cause a discriminatory effect;
  2. if the plaintiff or charging party makes this prima facie showing, the defendant or respondent must then prove that the challenged practice is necessary to achieve one or more substantial, legitimate, nondiscriminatory interests of the defendant or respondent; and 
  3. if the defendant or respondent meets its burden at step two, the plaintiff or charging party may still prevail by proving that the substantial, legitimate, nondiscriminatory interests supporting the challenged practice could be served by another practice that has a less discriminatory effect.

As a result, defendants now have much greater exposure to liability than they had under the 2020 Rule, which has been revoked by this new Final Rule even though it was never enforced or went into effect during the Trump era. 



Thursday, March 23, 2023

EEOC Reports That They Recovered Record High Amount of $513 Million in Compensation for Victims of Discrimination in 2022

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2022 Annual Performance Report, revealing that it collected a record-breaking $513 million in compensation for victims of discrimination. This amount was collected from 65,000 charges of discrimination, which resulted in 91 lawsuits in federal court. The majority of these charges were based on allegations of sex and retaliation discrimination, followed by disability, race, national origin, age, and religion.


Most importantly, discrimination charges were up almost 20% year-over-year.




Wednesday, March 15, 2023

Understanding Wrongful Termination: When You May Have a Case for Legal Action

Wrongful termination is a serious issue that can have significant consequences for employees who have been unfairly dismissed from their jobs. If you believe that you have been wrongfully terminated, it's important to understand what types of situations can give rise to a case for wrongful termination.

There are two main scenarios in which an employee may have a case for wrongful termination. 
  1. Termination from whistleblowing or reporting a violation of law / safety to a supervisor or government agency. 
  2. Termination from discrimination based on your demographics, which can include race, color, national origin, religion, sex, familial status, handicap / disability, sexual orientation, domestic violence victim status, stalking victim status, gender identity / expression, marital status, gender, creed, age, alienage status, citizenship status, ethnic background, pregnancy, arrest / sealed conviction record, and other protected categories.

If you believe that your termination falls under either of these scenarios, you may have a case for wrongful termination and you should seek legal representation. A qualified attorney will help you understand your rights and options and can work to get you the compensation that you deserve.

Contact Lieb at Law to find out how to get in touch with one of our litigation lawyers soon. Lieb at Law offers attorneys licensed to practice law in New York, New Jersey, Connecticut, Colorado, and in the federal courts. 


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Tuesday, March 14, 2023

Important Discrimination Bill Passes NYS Senate - It's on the Assembly Now

On 3/13/2023, S3255 passed the NYS Senate and was delivered to the Assembly. 


This Anti-Discrimination Bill is so important to school-children and governmental employees facing discrimination in the State of New York.


Currently, when suing many governmental defendants for discrimination, such as school districts, victims only have one year to bring their claims (except for sexual harassment claims) before the New York State Division of Human Rights. This bill would make the limitations period three years. 


The bill is particularly important to bridge the gap between suing the government and non-governmental actors. When suing a non-government actor for discrimination, a victim can bring a court case, rather than a claim before the New York State Division of Human Rights, under the New York State Human Rights Law, within three years of the wrongful acts of discrimination. 


However, discrimination court cases against the government are often subject to a notice of claim statute where the statute of limitations is effectively limited to ninety days


As a result, many victims of governmental discrimination are out of luck when brining claims because they did not act quickly enough. 


Often times, a claim against a school district for permitting harassment in school is an ongoing case where acts over years demonstrate the discrimination, but recent events only tell an incomplete story. 


This law will bring fairness to the state and protect victims of discrimination.  


We strongly support the passage of this Bill and hope that the Assembly passes it swiftly.




Thursday, February 09, 2023

Hearing Disabilities in the Workplace per EEOC

At the end of January, 2023, EEOC released Hearing Disabilities in the Workplace and the Americans with Disabilities Act, which is a terrific resource for the 15% of american adults who have some trouble hearing and want to know their rights at work. 


If you are hearing impaired, remember that the ADA is just the floor of your rights so you should always have your attorney examine whether your state or locality provides your with additional protections. To illustrate, the ADA only applies to employers with 15 or more employees, but states, like NY have no minimum employee threshold for anti-discrimination laws to apply (the New York State Human Rights Law at Executive Law 296), which has been the law of the state since February 8, 2020. 


Regardless, the EEOC's released document is a great resource because it includes a series of question-and-answers for both job applicants and employees. 


Of greatest interest, you should look at the examples of accommodations that should be provided for those with a hearing related disability. The list of examples includes:

  • Access to a video relay service or video remote interpreting service using equipment such as a videophone, computer, laptop, tablet, or smartphone.
  • A hearing aid-compatible telephone headset, a telephone amplifier, and/or adapters for using a phone with hearing aids or cochlear implants.
  • Appropriate emergency notification systems (for example, strobe lighting on fire alarms or vibrating pagers).
  • Enabling the streaming of sound directly from a device to hearing aids or cochlear implants.
  • Utilizing accessibility features of mainstream technology (for example, using the captioning feature on virtual meeting platforms).
  • A voice carry-over telephone, captioned telephone, text telephone, or TTY.
  • Equipment used for hearing protection to block noise or to protect hearing function, including equipment that can be used with hearing aids. 
  • Assistive software or applications (for example, for automated captioning, voice recognition, videoconferencing, or sound detection).

The point is that those with a disability have a right to enjoy equal employment opportunities and if they aren't afforded such a right by their employer or prospective employer, they can sue and they should win big damages.



Wednesday, December 28, 2022

Major Discrimination Update - NYS Human Rights Law Expanded to Prohibit Discrimination on Citizenship / Immigration Status

Citizenship Status and Immigration Status are now protected classes throughout the State of New York when it comes to discrimination in housing, public accommodations (commercial real estate), education, and employment.

Effective December 23, 2022, A6328A has amended the New York State Human Rights Law to protect a new group of New Yorkers, those who are subjected to different terms, conditions, and privileges based on their citizenship status and immigration status. It protects against discriminatory publications (i.e., advertising / statements). It protects from hostile environments. It is all encompassing to stop discrimination. 

According to the law, Citizenship or Immigration Status is defined to mean "the citizenship of any person or the immigration status of any person who is not a citizen of the United States."

Employers, landlords, and educational administrators may have a gut pushback to this law and wonder about issues it may cause for them if they are required to verify legal status as part of their business. Have no fear, the law permits verification and consequential adverse actions "where required by law." However, that does not mean that you can check status whenever you feel like it or believe the law requires it. Instead, it is incumbent upon any person who plans to verify status to first identify the legal basis for why status is required to be verified before doing anything. Otherwise, employers, landlords, and educational administrators should expect to be defending a lawsuit that can easily result in damages over six-figures.
 






Thursday, December 22, 2022

All NYS Employers Must Disclose Compensation to Applicants and Employees - Equal Pay Lawsuit Coming

On December 21, 2022, the State caught up with New York City by passing a statewide mandatory compensation disclosure act, S9427A, which will be effective on September 17, 2023. 

The new law, Labor Law 194-b, requires that all employers and agencies only advertise a job, promotion, or transfer if they also provide the compensation or compensation range together with a job description.

While no job description is required if it does not exist, be warned that the law applies even if only a part of the job is to be performed in New York. 

Yet, that's all we know... FOR NOW.

However, there will be more because the Department of Labor is charged with promulgating additional rules and regulations. So, stay tuned. 

Hopefully, these rules will include a notice before violation provision where an employer can cure before being penalized like the City's version. 

The penalties are big - they are $1,000 for the first violation, $2,000 for the second, and $3,000 for subsequent violations. Nonetheless, the real risk is that it's conceivable that a court could find that one mistake could result in thousands of violations based on the number of positions available, applicants, and varying web aggregators that reproduce the job post.

That is all setting aside a company's real exposure. 

Now, employees are going to know if they have claims under the Equal Pay Act or if they've been otherwise discriminated in the terms of their employment. This is big!






Wednesday, December 07, 2022

NEWSY: Supreme Court Hears Case Of Web Designer Who Doesn't Want To Work On Same-Sex Weddings. Analysis with Attorney Andrew Lieb

Supreme Court Hears Case Of Web Designer Who Doesn't Want To Work On Same-Sex Weddings. Legal Analysis With Legal Political Analyst Andrew Lieb on Newsy Tonight With Chance Seales.


https://youtu.be/oqg7nMihfaQ


 


Wednesday, November 02, 2022

NYC Pay Transparency Law is Now in Effect

The New York City Pay Transparency Law is, as of November 1, 2022, in effect. As previously reported in our Blog on March 29, 2022 and May 6, 2022, the law requires all employers, with 4 or more employees, to include a "good faith" salary range in all advertisements for a job, promotion or transfer opportunity that is to be performed - in whole or in part - in NYC.


The following are additional requirements/clarifications of the Law:


  • The Law covers full-time/part-time positions, interns, domestic workers and independent contractors.
  • "Advertisements" include all written descriptions of an available job, promotion or transfer opportunity publicized to a pool of potential applicants including internal postings.
  • The salary range must include both a minimum and a maximum salary (if employer has no flexibility, the minimum and maximum can be identical). 
  • The stated amounts should be the annual salary or hourly rate. Other forms of compensation (e.g. bonuses, tips, commissions, insurance, over time pay, etc.) do not need to be included.
  • The New York City Commission on Human Rights ("Commission") will investigate compliance with the new law (on its own and/or in response to complaints). 
  • Potential applicants can file claims with the Commission or can file a lawsuit in court.
  • The Commission will not assess a penalty for the first violation of the Law if cured within 30 days. However, the Commission may assess penalties of up to $250,000 for the first uncured violation and all subsequent violations. 

Employers need to immediately comply with these requirements. For additional information, please see NYC's fact sheet on the new law.



Monday, August 29, 2022

DC Law Now Requires Mandatory Sexual Harassment Training for Tipped Wage Workers

Washington DC now has mandatory sexual harassment trainings from a 2018 law, the Tipped Wage Workers Fairness Amendment Act.


Under the law, covered employers’ primary obligations include providing mandatory sexual harassment training to both business operators & tipped employees.


Other obligations require covered employers to report to the DC Office of Human Rights (OHR) both their sexual harassment policy & all harassment complaints made to management from 2020 on. All requirements are set forth in OHR’s fact sheet on employee rights, which must be posted at places of employment. 


OHR has created a portal for employers to report their compliance with the mandates of the Act & employers will be watched - so tread carefully. 


If you were harassed or discriminated against, this law & its trainings are not the end of the story. You have a claim under Title VII & other federal & state laws. Know your rights & act because statutes of limitations, including a filing requirement with EEOC might otherwise curtail your rights. This is serious & damages can be outrageous.  

 



Wednesday, August 17, 2022

Housing Discrimination Based on Source of Income - Notice Required - Regulation Adopted

On 8/17/2022, 9 NYCRR 466.16 was adopted and is the law in NYS - landlords / brokers / property managers be prepared to be sued for source of income discrimination if you don't update your policies and roll out intensive trainings.


This law requires entities administering any public housing program or assistance to provide a detailed notice of rights from source of income discrimination to tenants in compliance with Executive Law 170-e.


The notice must be provided as follows:

  • Current recipients must receive notice within 30 days after the effective date of the regulation;
  • Future recipients must receive notice "upon notification such individual qualifies for the voucher or assistance"; 
  • "In writing, and in 14 point... font";
  • Electronically is permissible by a link to the notice; &
  • On all websites administered by the entity. 


The required notice will look like this:


KNOW YOUR LEGAL RIGHTS AS A RECIPIENT OF HOUSING ASSISTANCE


By law, you are protected from housing discrimination.


The New York State Human Rights Law makes it unlawful to discriminate in housing on the basis of your source of income. This includes all forms of housing assistance (like Section 8 vouchers, HUD VASH vouchers, New York City FHEPS and others), as well as all other lawful sources of income including: Federal, state, or local public assistance, social security benefits, child support, alimony or spousal maintenance, foster care subsidies, or any other form of lawful income.


Housing providers who are covered by the Human Rights Law include landlords, property managers, real estate professionals like brokers, tenants seeking to sublet, and anyone working on their behalf.


Housing providers are not allowed to refuse to rent to you because you receive housing assistance. They are also not allowed to charge you higher rent, or offer you worse terms in a lease, or deny you access to facilities or services that other tenants receive.


Housing providers are not allowed to make any statement or advertisement that indicates housing assistance recipients do not qualify for the housing. For example, a housing provider cannot say they do not accept housing vouchers or that they do not participate in a program such as Section 8.


It is lawful for housing providers to ask about income, and about the source of that income, and require documentation, but only in order to determine a person’s ability to pay for the housing accommodation or eligibility for a certain program. A housing provider must accept all lawful sources of income equally. It is unlawful to use any form of screening of applicants that has the intent or result of screening out those receiving housing assistance.


If you believe that you have discriminated against by a housing provider with regard to your lawful source of income, you can file a complaint with the New York State Division of Human Rights.


How to File a Complaint

A complaint must be filed with the Division within one year of the alleged discriminatory act or in court within three years of the alleged discriminatory act. To file a complaint, download a complaint form from www.dhr.ny.gov. For more information or assistance in filing a complaint, contact one of the Division’s offices, or call the Division’s toll-free HOTLINE at 1 (888) 392-3644. Your complaint will be investigated by the Division, and if the Division finds probable cause to believe discrimination has occurred, your case will be sent to a public hearing, or the case may proceed in state court. There is no fee charged to you for these services. Remedies in successful cases may include a cease-and-desist order, provision of housing that was denied, and monetary compensation for the harm you suffered. You can obtain a complaint form on the website, or one can be e-mailed or mailed to you. You can also call or e-mail a Division regional office. The regional offices are listed on the website. 





Thursday, August 11, 2022

Discrimination Cases have Shorter Deadlines When Suing the Government - Here is the Comprehensive List

To bring a claim under the New York State Human Rights Law, Executive Law §296, (New York’s Anti-Discrimination Law), you have the following time-limitations:

1.      Suing a Private Party:

a.     An administrative complaint can be brought within 1 year of the alleged unlawful discriminatory practice per Executive Law §297(5).

b.     An administrative complaint for cases of sexual harassment in employment can be brought within 3 years of the alleged unlawful discriminatory practice per Executive Law §297(5).

c.      A court case can be brought within 3 years of the alleged unlawful discriminatory practice per Koerner v. State, 62 NY2d 442 (1984).

2.     Suing the Government: In addition to the rules to sue a private party, when suing the government, you also may have to file a Notice of Claim, within 90 days of the alleged unlawful discriminatory practice, prior to bringing suit. This requirement depends on who you are suing, but never applies to administrative complaints per Freudenthal v. County of Nassau, 99 NY2d 285 (2003), and is reserved only for court cases. Here is the complete list of when a Notice of Claim is required to be filed within 90 days of the discrimination throughout New York State:

a.     Village Government – Notice of Claim, pursuant to CPLR §9801, is likely not required, but no case is directly on point. The applicable statute seems to mirror General Municipal Law §50-i in its limitations and thus would be subject to Margerum v. City of Buffalo, 24 NY3d 721 (2015).

b.      Town Government – Notice of Claim, pursuant to Town Law §67, is required by Arnold v. Town of Camilus, 2021 WL 326886 (NDNY 2021) and Picciano v. Nassau County Civil Service Com'n., 290 AD2d 164 (2nd Dept 2001).

c.     City Government – Notice of Claim, pursuant to General Municipal Law §§ 50-e & 50-I, is NOT required per Margerum v. City of Buffalo, 24 NY3d 721 (2015).

d.   School District – There is a split of authority as to whether Notice of Claim, pursuant to Education Law §6224, is required. Washington v. Borough of Manhattan Community College, 2016 WL 7410717 (SDNY 2016) and McKie v. LaGuardia Community College/CUNY, 85 AD3d 453 (1st Dept 2011) say it is required while Keles v. Yearwood, 265 F.Supp.3d 466 (EDNY 2017) says it is not required.

e.      Public Library – Notice of Claim, pursuant to General Municipal Law §§ 50-e & 50-I, is NOT required per Margerum v. City of Buffalo, 24 NY3d 721 (2015).

f.      County Government – Notice of Claim, pursuant to County Law §52 as interpreted by Hami v. Chenango County, 2022 WL 1001530, (NDNY 2022) and also, by Picciano v. Nassau County Civil Service Com'n., 290 AD2d 164 (2nd Dept 2001) is required.

g.     State Government – Notice of Claim is NOT required, except Notice of Intention required if filing in Court of Claims on an election of forums.

h.     Federal Government – State discrimination claim is wholly unavailable and must proceed with federal anti-discrimination statute.


To bring a claim under Federal Law, the type of discrimination will impact how much time you have to bring a claim.

1.      If your claim is for housing discrimination:

a.      An administrative complaint can be brought within 1 year of the alleged unlawful discriminatory practice per 42 USC §3610.

b.    A court case can be brought within 2 years of the alleged unlawful discriminatory practice per 42 USC §3613(a)(1)(A).

2.      If your claim is for employment discrimination:

a.      A condition precedent to bringing a court case or proceeding to an administrative hearing is filing with the EEOC either [per 42 U.S.C.A. § 2000e-5(e)(1)]:

                                                    i.     180 days; or

                                                   ii.     300 days if your proceeding initially institutes with a state or local agency having “authority to grant or seek relief,” and New York State has such authority.  

b.     If you are a federal sector employee (i.e., work for the federal government), be warned, your limitations period is just 45 days for you to contact the EEO Counselor at your place of employment / prospective place of employment per 29 CFR §1614.105





Wednesday, July 20, 2022

New York Law Journal: Discrimination Boutique Takes on ADA Class Action on Behalf of Deaf Apartment Dwellers

Residents tried going to management directly, called on their elected leaders and on community organizers and even staged a demonstration outside of their homes that attracted media attention. Now one of them is going to the courts. Read the full article discussing the lawsuit that Lieb at Law, P.C. has brought to bring justice to the hearing impaired and deaf residents in this Manhattan building. 



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Thursday, June 02, 2022

Pride Month: 5 Tips to Stop Sexual Orientation and Gender Identity Discrimination

While sexual orientation and gender identity aren't expressly set forth protected classes from discrimination on the federal level in the United States, Bostock v. Clayton County, Georgia is a Supreme Court case that makes sexual orientation and gender identity discrimination illegal. Plus, many states and local governments offer further protection and damages to victims of sexual orientation and gender identity discrimination. 

Here are 5 tips to stop this heinous discrimination and create equality in our society for all. 

  1. Don't Miss Deadlines: Federal discrimination lawsuits provide only 2 years from the wrongful act to bring a lawsuit. Some states extend this to 3 years. However, there are often much shorter timelines dependent on who the perpetrator is, so act immediately. To illustrate, employment discrimination generally requires a filing with the EEOC within 300 days. Plus, a collective bargaining agreement can limit the statute of limitations for union workers even further. Alternatively, if the government is the defendant, a notice may need to be filed within 3 months or less. So, act swiftly if you are a victim.
  2. Don't Forget the Past: Just because deadlines exist from the last act of discrimination, it's possible to leverage a law called the Continuing Violation Doctrine to reprise untimely acts of discrimination in a lawsuit. So, make sure that you bring every wrongful act that you have experienced to the table if you are a victim of discrimination. That is the only way it can be stopped.
  3. Discrimination is NOT Just Physical: If an environment is hostile and filled with harassment, that is enough to bring a lawsuit. In fact, states like New York lower the hostile environment standard from the federal rule of severe and pervasive to inferior terms and conditions so long as the harassment rises above petty slights and trivial inconveniences. If you feel harassed because of your orientation or gender identity speak up now.
  4. It Goes Beyond Your Actual Orientation and Gender Identity: Your actual sexual orientation and gender identity are clearly protected from discrimination, but did you know that you are protected from discrimination even if the perpetrator got it wrong. The law also protects your perceived orientation and identity, which is particularly important for orientation because orientation needn't be confirmed from consistent sexual acts to exist.  
  5. Retaliation is Illegal: Don't be afraid to speak up out of fear of reprisal. Simply, if you experience any negative retaliation whatsoever when you are fighting back against discrimination that you are experiencing, you can sue for that retaliation too. If retaliation happens at work, housing, education, places of public accommodation, or many other places, you can receive money damages for retaliation plus the court can order it stopped with your prior situation restored. 




 

Wednesday, May 25, 2022

New Housing Discrimination Notice on Source of Income Discrimination Proposed - Comment Period Open

On May 25, 2022, the NYS Division of Human Rights proposed 9 NYCRR 466.16, which will require any entity that administers any public housing program or assistance to provide a detailed notice of rights from source of income discrimination. The enabling statute, Executive Law 170-e, explains that an entity that administers includes "any state, county, municipal or other governmental entity. . . or any agency or instrumentality of such an entity, and any public or private non-profit entity authorized to administer any public housing program or assistance."


Specifically, "[t]he notice is to advise individuals of their right to nondiscrimination based on lawful source of income in housing pursuant to Human Rights Law section 296.2-a (publicly-assisted housing) or Human Rights Law section 296.5 (private housing)" pursuant to the regulation. 


The notice must be provided as follows:

  • Current recipients must receive notice within 30 days after the effective date of the regulation;
  • Future recipients must receive notice "upon notification such individual qualifies for the voucher or assistance"; 
  • "In writing, and in 14 point... font";
  • Electronically is permissible by a link to the notice; &
  • On all websites administered by the entity. 

The required notice will look like this:

KNOW YOUR LEGAL RIGHTS AS A RECIPIENT OF HOUSING ASSISTANCE

By law, you are protected from housing discrimination.

The New York State Human Rights Law makes it unlawful to discriminate in housing on the basis of your source of income. This includes all forms of housing assistance (like Section 8 vouchers, HUD VASH vouchers, New York City FHEPS and others), as well as all other lawful sources of income including: Federal, state, or local public assistance, social security benefits, child support, alimony or spousal maintenance, foster care subsidies, or any other form of lawful income.

Housing providers who are covered by the Human Rights Law include landlords, property managers, real estate professionals like brokers, tenants seeking to sublet, and anyone working on their behalf.

Housing providers are not allowed to refuse to rent to you because you receive housing assistance. They are also not allowed to charge you higher rent, or offer you worse terms in a lease, or deny you access to facilities or services that other tenants receive.

Housing providers are not allowed to make any statement or advertisement that indicates housing assistance recipients do not qualify for the housing. For example, a housing provider cannot say they do not accept housing vouchers or that they do not participate in a program such as Section 8.

It is lawful for housing providers to ask about income, and about the source of that income, and require documentation, but only in order to determine a person’s ability to pay for the housing accommodation or eligibility for a certain program. A housing provider must accept all lawful sources of income equally. It is unlawful to use any form of screening of applicants that has the intent or result of screening out those receiving housing assistance.

If you believe that you have discriminated against by a housing provider with regard to your lawful source of income, you can file a complaint with the New York State Division of Human Rights.

How to File a Complaint
A complaint must be filed with the Division within one year of the alleged discriminatory act or in court within three years of the alleged discriminatory act. To file a complaint, download a complaint form from www.dhr.ny.gov. For more information or assistance in filing a complaint, contact one of the Division’s offices, or call the Division’s toll-free HOTLINE at 1 (888) 392-3644. Your complaint will be investigated by the Division, and if the Division finds probable cause to believe discrimination has occurred, your case will be sent to a public hearing, or the case may proceed in state court. There is no fee charged to you for these services. Remedies in successful cases may include a cease-and-desist order, provision of housing that was denied, and monetary compensation for the harm you suffered. You can obtain a complaint form on the website, or one can be e-mailed or mailed to you. You can also call or e-mail a Division regional office. The regional offices are listed on the website. 


If you have thoughts about this notice or this regulation, you have until July 24, 2022 to comment by emailing: caroline.downey@dhr.ny.gov with I.D. No. HRT-21-22-00001-P in the subject line. 



Tuesday, May 17, 2022

Workplace Discrimination FAQs

Is employment discrimination illegal?

 

Yes, discrimination in employment is illegal in the United States. Depending on the state you live in, there may be even greater protections, rights, and damages available to victims of workplace discrimination.

 

What qualifies as employment discrimination?

 

The laws enforced by the US Equal Employment Opportunity Commission (EEOC), and your individual state, entitle victims to sue for compensation in the event of unfair treatment based on their protected status or protected class.

 

While these vary from state-to-state, they may include the following: race, ethnic background, visible traits (hair texture, hairstyle, donning of religious garments or items), color, national origin, citizenship status, alienage status, immigration status, lawful source of income (subsidy recipient status), occupation, religion, creed, marital status, partnership status, sex, gender, sexual orientation, gender identity or expression (transgender status), domestic violence victim status, stalking victim status, sex offense victim status, familial status, pregnancy, presence of children, handicap (disability), age, military status, uniformed service, veteran status, first responder status, arrest record, and sealed conviction record.

 

Does discrimination have to be intentional to warrant compensation?

 

No. Regardless of whether the discrimination was unintentional or caused by implicit biases, you are entitled to fair compensation.

 

What is the most common workplace discrimination?

 

The most common types of discrimination in the workplace include racial discrimination, age discrimination, sex or gender discrimination, and disability discrimination.

 

Can an independent contractor sue for discrimination?

 

In many places, you can sue for workplace discrimination whether you are an employee, a domestic worker, or an independent contractor. If you are unsure of whether or not this applies in your state or locale, it’s best to consult with a skilled employment discrimination lawyer.

 

Who do workplace discrimination laws apply to? 

 

You have a right to compensation if you are discriminated against by anyone in the workplace. This could include a boss, coworker, vendor, client, patron, temp agency, or franchisor. 


Where can discrimination occur?


While workplace discrimination often occurs in the office, it can happen anywhere—over a conference call, in a meeting, at a holiday party, or at a work lunch—so long as you were fulfilling your work responsibilities at the time of the discriminatory incident. 

 

How do I know if I have been discriminated against at work?

 

Federal and state laws prevent hiring managers from changing available compensation, rates of pay, hours, or availability of employment based on your protected class status. Wages must be substantially equal between genders and, in cities like New York City, wage transparency will be required when jobs are advertised.

 

If you have been treated unfairly in any of these ways, have been spoken to in a demeaning way, or have been subjected to offensive jokes or comments based on your protected class status, then you may have a case for workplace discrimination and should consider reaching out to an experienced New York discrimination lawyer.

 

Can I be fired for speaking out against discrimination?

 

Not legally, no. If you are speaking out against discrimination in the workplace, you are protected from retaliation. This is true regardless of whether you are speaking out for yourself or on behalf of someone else. If you or a loved one have been fired or treated unfairly for speaking out against discrimination at work, we would love to take on your case and ensure that you receive the compensation that you deserve. Give us a call.

 

Can you sue for workplace discrimination?

 

Yes. Not only is it possible to sue for workplace discrimination, but Lieb at Law, P.C. has helped countless individuals recover compensatory damages and punitive damages for the pain inflicted by this unlawful act. Workplace discrimination is a violation of your rights and should never be tolerated.

 

How long do I have to sue for workplace discrimination?

 

Typically, federal law requires that you make a filing within 300 days of the discrimination (this may be cut down to 180 days based on your state’s laws, or even to 3 months if you work in education in places like New York).  However, certain state law claims can be brought up to 3 years after the incident. So, you should call right away and let us determine if you still have time to bring your case. 

 

What can I recover if I sue for workplace discrimination?

 

Employment discrimination claims can result in very high awards because they are designed to compensate victims for lost back-pay, lost front-pay, and experiencing emotional distress / loss of dignity. Additionally, the law provides that victims can recover other forms of compensatory damages, punitive damages, and their attorneys’ fees. In fact, the perpetrator can lose their license (if licensed), be required to take trainings, and be ordered to stop their offensive behavior. There are fines and more. However, we are ethically required to advise you that our prior results do not guarantee a similar outcome. So, you should contact us today and get a tailored evaluation of your specific situation.



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Friday, May 06, 2022

Education Discrimination & Your Rights - What Victims Should Know

Education discrimination is illegal throughout the United States and in certain states, like New York, there are even greater protections, rights, and damages available to victims and their parents. 


When it comes to education, you and your child have a right to be free from harassment, bullying and other forms of wrongful discrimination that is perpetrated by teachers, the administration, or even other students (your peers). This applies to public schools, non-religious private schools, colleges and universities. Simply, you and your child can't be denied a right to learn because of who you are. 


Anti-discrimination laws in education apply regardless of whether the discrimination is explicit or implicit. While we've all heard about equal access to sports between the sexes / genders, or even teachers having sex with their students, discrimination lawsuits more commonly concern bullying of minorities, the failure to give testing accommodations to disabled students, and, even, the failure to extend days off to religious observers. Simply, it is the administration's duty to make education equally accessible to all and this failure can result in a lawsuit.  


On the federal level, Title IX of the Educational Amendments protects against sex discrimination while Title VI of the Civil Rights Act addresses race, color, and national origin discrimination, and finally Title II of the Americans with Disabilities Act (ADA) protects against disability discrimination. However, these federal laws on education discrimination were just limited by the Supreme Court and can, mostly, no longer result in victims receiving emotional distress or punitive damages.


Nonetheless, states, like New York, provide victims with the right to recover for their emotional distress and punitive damages. Moreover, New York adds protections by covering victims of discrimination with respect to additional categories, such as race, color, religion, disability, national origin, sexual orientation, military status, sex, age and marital status. New York even makes clear that it's own public school districts can be held accountable for discrimination based on an amendment to its laws from July 25, 2019, A3425.


If you or your child were a victim of education discrimination, it is important to act quickly and file your claim after hiring a lawyer. In New York State, claims against public school districts must be filed within 3 months after the discriminatory event. While the State's anti-discrimination laws otherwise provide up to 3 years for lawsuits against non-public schools (i.e., private schools / colleges / universities), it's nonetheless important to act quickly to preserve all the discriminatory evidence (i.e., audio / video), which is done by immediately sending what is known as a spoliation notice.


To be clear, discrimination victims, in New York, can recover compensatory damages (being made whole with emotional distress damages), punitive damages (punishment damages), and your attorneys' fees. The perpetrator can lose their license (if licensed as educators or otherwise), be required to take trainings, and be ordered to stop their offensive behavior. There are fines and more. Discrimination is wrong and must be stopped. 


Don't be afraid to speak-up. If you are advancing an anti-discrimination right for yourself or your child, you are protected from retaliation. Even if it is ultimately found that you or your child was not discriminated against, you both can nonetheless be compensated for facing unlawful coercion, intimidation, threats, or other types of interference with your anti-discrimination rights. Again, this is not just true if you are advancing your own rights, it also applies if you are raising your child's rights, or another student's rights, because anti-retaliation laws protect anyone who aids and/or encourages someone else in exercising their rights to be free from discrimination. 




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Monday, May 02, 2022

US Supreme Court Eliminates Availability of Emotional Distress Damages in Certain Discrimination Cases - Congress?

Discrimination victims may only recover compensatory damages and injunctive relief, not punitive damages or emotional distress damages, when they bring cases under the Rehabilitation Act of 1973, the Patient Protection and Affordable Care Act, Title VI of the Civil Rights Act, and Title IX of the Educational Amendments, unless Congress acts NOW! 


As a desk reference:

  1. The Rehabilitation Act of 1973 bars funding recipients from discriminating because of disability;
  2. Title VI of the Civil Rights Act forbids race, color, and national origin discrimination in federally funded programs or activities; 
  3. Title IX of the Educational Amendments prohibits sex-based discrimination education program or activity receiving federal financial assistance; and
  4. The Patient Protection and Affordable Care Act outlaws discrimination on any of the proceeding grounds, in addition to age, by healthcare entities receiving federal funds.


Until April 28, 2022, it remained an open question whether discrimination victims could recover emotional distress damages under those 4 federal statutes. Without emotional distress damages, a victim's recovery is limited because discrimination under these statutes do not concern fixed damages, like in employment where there is back-pay and forward-pay. Instead, most victims only experience humiliation, frustration, and loss of dignity when they are discriminated in healthcare, education, or by general recipients of federal funding. Nonetheless, the US Supreme Court ruled that emotional distress damages are not recoverable in discrimination cases brought under these 4 statutes when it issued its decision in Cummings v. Premier Rehab Keller


The case involved an accommodation request by a deaf and legally blind physical therapy recipient who requested an American Sign Language Interpreter at her sessions. You know, so that she could communicate and all. But, the provider said no, which was clearly an act of discrimination and not at issue before the Court. Instead, the Court was faced with determining whether the discrimination victim could recover emotional distress damages under the applicable statutes. 


Stated otherwise, the Court was charged with determining what recovery was available to a victim of discrimination where the Court had previously ruled that punitive damages were unavailable under the 4 statutes. So, what was left? Shouldn't emotional distress damages compensate a victim for their terrible and dehumanizing experience? 


No, said the Supreme Court because these 4 statutes were enacted under Congress' Spending Clause authority and such statutes are analyzed as contracts where defendants must have received clear notice of exposure to emotional distress damages for them to be recoverable. 


Yet, this clearly devastating decision to discrimination victims also has a clear solution. Congress needs to amend these 4 statutes today and provide clear notice that emotional distress damages are recoverable in all discrimination cases. Congress needs to act now.