Employment Discrimination

Most employees in the United States are what is known as “Employees at Will” which means the employer and the employee can terminate the employment relations at any time with or without cause.  Federal, state and local laws, however, preclude employers from discriminating against their employers when the discrimination is motivated by animus toward a protected characteristic or the employees membership of a protected class.  Under New York State Law, it is unlawful for an employer to discriminate against its employees on the basis of their age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status.   New York City law provides even more protections actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, sexual orientation or alienage or citizenship status of any person.  If you are have experienced discrimination for any of the above listed reasons, contact me now to discuss your rights.

Criminal Conviction Discrimination 

New York State enacted the Correction Law to address the challenges those with criminal convictions face when looking for work. With the exception of law enforcement jobs, the Correction Law prohibits employers from using an applicant’s criminal record against her or him unless the criminal conviction has a direct relationship to the applied for position or hiring the person will pose an unreasonable risk to property or pose a safety risk.  For example, an embezzlement conviction would have a direct relationship to an accounting position. A drug conviction would have a direct relationship to working in a pharmacy. Under New York City’s Fair Chance Act, it is illegal for employers to inquire about an applicant’s criminal record until the employer has provided the applicant with a conditional offer.  If employer decides to rescind the offer after learning of the applicant’s past criminal history, the employer must explain its decision using the Fair Chance Act Notice and provide a copy of the criminal background check to the applicant. If the criminal conviction bore no direct relationship to the job or the applicant posed no threat to property or public safety, the decision to revoke the offer will violate the Correction Law. If you have been a victim of criminal conviction discrimination, call me to discuss your rights.

Sexual Harassment 

Employees, both men and women, have the right to work in an environment free of sexual harassment.  There are two types of sexual harassment. The first is Hostile Work Environment where the working conditions entail severe or pervasive harassment because of your gender/sex. The second is known as Quid Pro Quo sexual harassment where your job depends on you submitting to sexual advances. Both are illegal and if you have experienced sexual harassment, call me now to discuss your rights.

Retaliation

Employers violated the law when they take an adverse employment action against you as punishment for you engaging in “protected activity.” Not all actions are protected. Protected activity including filing a charge of discrimination, reporting unlawful discrimination, refusing sexual advances, reporting wage and hour among other actions. Retaliation can include changes as small as a change in schedule to something as devastating as termination. Regardless of the severity, if the employment action can reasonably be described as negative, it may constitute unlawful retaliation.

Retaliatory Discharge of Attorneys 

Unlike other employees, New York law prohibits legal employers from terminating attorneys for complying with conduct that is required under the rules of professional responsibility. If you are an attorney who was terminated shortly after engaging in conduct required by the rules of professional responsibilities, contact me to discuss your legal recourse.
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Pregnancy Discrimination 

Having a child should not derail a woman’s career, but all to often employers use pregnancy and motherhood as an excuse to terminate, penalize or sideline women whether it be working in a fast food establishment or playing professional tennis (the great Serena Williams lost her seed after giving birth to her son in 2017). If you have experienced discrimination associated with your pregnancy or your role as a mother, contact me to discuss your rights.
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Christina Giorgio
​Attorney at Law

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Pay Equity 

It is illegal for an employer to pay employees of the opposite sex differently for equal work on a job the performance of which requires equal skill, effort and responsibility and performed under similar condition, except under limited circumstances.  If you or your co-workers are paid less than the opposite sex as described above, call me to discuss your rights.

Disability Discrimination 

Federal, state and city law protects individuals with disability, giving them access to places of business and the ability to participate in the workforce with or without reasonable accommodation.  Disabilities include physical and mental impairments. If you have experience discrimination because of your disability, call me to discuss your rights.

FMLA

The Federal Medical Leave Act requires employers with 50 or more employees give 12 weeks of unpaid leave to their employees who have worked for at least 12 months and 1250 hours. Failure to provide such leave or retaliating against employees who take such leave is illegal.  If you have been deprived FMLA leave or feel you have been retaliated against for taking such leave, call me to discuss your right.
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Land Use/Zoning

What gets built and knocked down in your community is regulated by zoning codes that, among other things, designate permitted uses on designated streets. Community members have more influence on such project than they commonly realize. Retaining counsel that understands all steps involved in the development process is a critical first step in elevating community members’ voices in the decisions that impact their quality of life perhaps more than anything else.  If you have a concern about a proposed development, demolition, or seek to assistance with getting your development approved and embraced by the community, call me to discuss your options.
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​Whistleblower Protection

New York Whistleblower laws protect employees who report illegal conduct of their employer and the illegal conduct is such that poses a serious risk to the general public health or safety. Those seeing whistleblower protection must prove that she/he refused to engage in the unlawful conduct or threatened to report the unlawful conduct, that the conduction was in fact illegal and the unlawful conduct posed specific and serious danger to the public health and safety.  Whistleblower protection does not protect every employee who seeks to expose the employer’s unlawful conduction.  Rather the illegal conduct must pose a serious and specific risk to public health and safety. The employee seeking Whistleblower protection must also first report the conduct to the employer and give the employer a reasonable period of time to take corrective action. Importantly, Whistleblower statute has an election of remedy provision, which means if you pursue a Whistleblower claim, you waive your right to pursue claims for other types of unlawful discrimination.  If you believe you have been retaliated against as a whistleblower, call me to discuss your rights.
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Wage and Hour 

Federal and state laws provide employees with certain rights concerning the hours they work and the amount of money they must earn when performing their jobs, whether you be an hourly employee, a commission pay employee or a salaried employee. New York Law also requires employers to pay their employees according to certain payment schedules, depending on the type of work performed. New York Labor Law also requires employers to comply with numerous recording keeping rules and to provide their employees with certain information about their pay upon hiring them and provide employees certain information with each paycheck, among other obligations. If your employer has failed to pay the wages you are owed, including overtime, call me to discuss your rights.

Employment Contracts and Severance Agreements

Some employees are asked to sign employment contracts that spell out the terms of their employment upon hiring.  Additionally, employer commonly ask employees to sign severance or separation agreement when the employment relationship ends either voluntarily or involuntarily.  Before signing either agreement, consulting with an attorney experienced in labor and employment law is critically important. If you are faced with such contracts, call me to discuss a review before you sign.

Public Accommodation Discrimination
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 Federal, State and New York City law prohibit places of public accommodation to discriminate on the basis of protect characters such as race, color, religion, gender and national origin under federal law and protections actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, sexual orientation or alienage or citizenship status under New York City Law.  Places of Public accommodation as a minimum will include establishments that sell food, lodging, gasoline, and entertainment.
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