Recent Blog Posts

Gender Discrimination: Does the Wage Gap Endure?

The Obama administration is pushing for the passage of the Paycheck Fairness Act — a law that is designed to make wage differences between men and women in the workforce more transparent. The proposal comes approximately 50 years after President Kennedy passed the Equal Pay Act of 1963 to address the issue of wage disparity… Read more »

Is Your Boss A Supervisor, by Title VII Harassment Standards?

Can you tell your boss to buzz off without a significant change to your wages, your job duties, your employment status or your benefits package? If so, your boss may not be your supervisor for Title VII harassment purposes, according to a United States Supreme Court majority in Vance v. Ball. Justices voted that an… Read more »

Workplace Retaliation Victims Beware: A Heightened Burden to Bear

The Supreme Court recently clarified the standard for victims alleging retaliation in federal court in University of Texas Southwestern Medical Center v. Nassar. The burden is on the plaintiff to show that the alleged discriminatory action is the “but-for” or determinative cause of the retaliatory discharge, rather than just a motivating factor that led to… Read more »

Securing Union Voting Rights under the National Labor Relations Act

In 1935, Congress enacted the National Labor Relations Act (NLRA) in order to regulate labor relations and negotiations, including collective bargaining, between unionized employees and their employers. Collective bargaining is further regulated by state statutes, administrative regulations and judicial decisions. When federal law and state laws address the same issues, federal law controls. Union Formation… Read more »

EEOC: Time to File Continues to Toll throughout Government Shutdown

The Equal Employment Opportunity Commission (EEOC) has remained open despite the government shutdown in the beginning of October, hearing complaints of workplace discrimination from employees nationwide. This fact was relevant to victims of discrimination who had not yet filed a complaint with the EEOC about an employer’s discriminatory conduct — even though the 180-day statute… Read more »

What Employers Should and Shouldn’t Ask during Job Interviews

For most people, the job interview process is always a little intimidating and awkward. However, it can quickly become much worse when a potential employer begins asking you inappropriate and improper questions. Most HR professionals know what they should and shouldn’t ask during the various states of the typical interview process, but when a potential… Read more »

Signs of Discrimination in Job Advertisements

While it is still a major problem, we have at least come to the point where we agree as a society that discrimination is wrong. Unfortunately, this means that, while few employers engage in overt discrimination in their hiring practices, indirect and subtle discrimination in hiring still occurs frequently. It should go without saying that… Read more »

Identifying Age Discrimination

Age discrimination is typically one of the more difficult types of discrimination to prove. For this reason, it is also one of the most pervasive kinds of employment discrimination taking place in the American workforce and job market today. As more companies turn toward favoring younger workers in all phases of their operations — from… Read more »

Accidental Discrimination is Still Discrimination | Discrimination Attorney NY-NJ-PA-FL

It is easy to assume that every instance of employment discrimination is based on deep-seated prejudice and a conscious desire to unfairly favor one group over another. The fact is, however, that a great many of the discriminatory practices that occur in the workplace are actually accidental. Nevertheless, this type of unintended discrimination is just… Read more »

When Does An Employer Have to Transfer You to a New Position?

What constitutes a reasonable accommodation is one of the most complex aspects of jurisprudence under the Americans with Disabilities Act (ADA). Even within this already complicated issue, the reasonable accommodation of transfer to a new job position has likely generated the most controversy. While the law specifically identifies transfer to a new position as a… Read more »