New York Employment Law Blog

Even as evidence begins to surface suggesting that the worst of the national recession may be in the past, those looking for work in New York and all across the country face stiff competition since experienced and novice workers now commonly find themselves applying for many of the same positions. Similarly, many industries are hesitant to completely replenish their workforce, contributing to a situation where the demand for work is higher than the supply. And now there is growing concern that another form of discrimination is infringing on employee rights and compounding the issue for many.

According to one study in the Journal of Applied Psychology, there is no correlation between issues like stealing in the workplace and employees’ credit ratings. Though, another study conducted by the Society for Human Resource Management found that almost half of employers conduct credit checks on prospective employees. In fact, the 2012 study suggests that many businesses check the credit of every single applicant no matter the position they are applying for. 

Even though laws are in place in New York and states across the country to protect workers’ rights against harassment and ill treatment, countless employees continue to fall victim to workplace discrimination each year. Fortunately, many victims do speak out against their offenders and seek the resources and representation they need to take legal action. Countless others, however, may suffer in silence. One federal lawsuit illustrates just how pervasive and horrific disability discrimination can be for some workers.

It only took jurors around eight hours to deliberate on a case involving 32 victims of disability discrimination. The lawsuit, which identified a turkey meat company as the defendant, was filed by the federal Equal Employment Opportunity Commission (EEOC) on behalf of employees at one of the defendant’s labor camps. 

Workers in the state of New York are protected under federal and state laws concerning workplace discrimination. The policies largely overlap, as both recognize traits like race, sex, religion and disability as guarded classes. Though, New York is one of only several states in the country to go above and beyond standards set by the federal government and offer equal employee rights to gay and transgender employees. Now, it seems the U.S. House of Representatives and Senate have the opportunity to vote on the matter, possibly updating anti-discrimination legislation to be more inclusive and relevant.

Many believe that there is no better time than now for the Employment Non-discrimination Act (ENDA) to pass. Sixty votes in the senate will be necessary for it to move on from that point, and it now has the support of a key Republican senator. Other prominent supporters of the bill are putting their weight behind it as well. 

When it comes to anti-discrimination policies, state and federal legislation largely align. The federal government identifies several protected classes that are safeguarded under the law from harassment and other forms of mistreatment. All employees are protected from discrimination on the basis of their gender, religion, race, age, disability, national origin and criminal record. However, the state of New York is one of only a few to recognize sexual orientation as a protected class as well. As such, the state’s attorney general recently called upon one of the country’s largest sport leagues to address concerns of sexual orientation discrimination.

New York Attorney General Eric Schneiderman recently initiated a campaign with the National Football League (NFL) to ensure that its hiring and work policies complement state laws regarding employment discrimination.  While the NFL apparently already had anti-discrimination measures in place for all of its teams, the league is working with the attorney general to ensure those guidelines are communicated and upheld by all employees.