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employee rights Archives

After-acquired evidence in employment discrimination cases

Employers in New York and around the country sometimes defend themselves against discrimination complaints by arguing that the worker involved deserved to be fired. This tactic can benefit employers even in cases where discrimination is clear because it may limit recoverable damages, and employers sometimes go to great lengths to gather evidence of misconduct when terminated workers have filed, or are thought to be about to file, discrimination claims.

Case over pension plans goes to U.S. Supreme Court

New York employees may be interested in learning that the U.S. Supreme Court recently began to hear arguments in a case where workers employed at religious hospitals argued that their pension plans were underfunded due to being wrongly classified. The lack of funds occurred because the affiliations could claim a religious exemption from the Employee Retirement Income Security Act of 1974.

Older workers may face age discrimination from employers

Research led by a professor of economics at the University of California, Irvine, indicates that people who are middle aged or older are less likely to be contacted by an employer in New York or around the country after submitting a resume than individuals who are younger. This was determined by sending out 40,000 resumes applying for thousands of jobs.

Court rules subgroup age discrimination claim can proceed

Employers in New York who discriminate against workers because of their age could face legal repercussions. The Age Discrimination in Employment Act protects workers who are over the age of 40 from disparate treatment in employment decisions. A recent ruling in the Third Circuit court may expand the ADEA's definition of age discrimination to include subgroups.

EEOC releases enforcement guidance for anti-discrimination laws

Most New York employers are subject to the provisions of Title VII of the Civil Rights Act of 1964, which among other things forbids workplace discrimination against members of protected classes. In November, the Equal Employment Opportunity Commission issued a guidance on discrimination based upon national origin.

Wells Fargo employees file ERISA lawsuits

New York employees and customers of Wells Fargo Bank may be familiar with the controversy over the company's stock. It has been alleged that Wells Fargo used aggressive sales tactics to get customers to open accounts. As a result of the tactics, millions of unauthorized customer accounts were opened, and the bank's stock price was inflated. After the illegal sales processes were disclosed, the value of Wells Fargo shares fell by 12 to 15 percent.

New York grants unemployment to 2 Uber drivers

State regulators in New York have ruled that two former Uber drivers who were deactivated by the company are eligible for unemployment insurance. This indicates that the state is considering them employees and not contractors. Making its drivers contractors is a critical aspect of Uber's business model. It prevents the company from having to pay benefits, expenses or a guaranteed minimum wage.

Accusing disabled workers of theft

Most workers in New York and across the country who have disabilities are protected under the Americans with Disabilities Act. The purpose of the law is to prevent employment discrimination against people with disabilities and make sure that employers make reasonable accommodations for them. Two cases of alleged employee theft resulted in the employees receiving compensation after their employers were charged with violating the ADA.

EEOC takes broader view on retaliation than do the courts

When New York employees file a discrimination complaint or engages in another legally protected activity, their employers are prohibited from retaliating against him or her for doing so. Retaliation includes any adverse action that an employer takes in reaction to the person's engaging in the activity. The Equal Employment Opportunity Commission has updated its guidelines about retaliation.