Empowering professional women through reproductive stages. Addressing work-life challenges, protections, and guidance.
What do you do if you are discriminated against at your workplace?
To treat you equally as a woman, to not permit you to be sexually harassed, to not permit you to be working in an environment that may be hostile to women in general, and you in particular; to ensure that your work environment for the nine months of your pregnancy is flexible, isn’t hostile; that you are able to come back from maternity leave that your employer must provide for you, and they must provide a place for you to express milk after you come back from your maternity leave.
Pregnancy Discrimination Act Turns 40
This week’s the 40th anniversary of the Pregnancy Discrimination Act - the 1978 federal law designed and enacted to protect women who become pregnant while working, from being fired while pregnant and working.
Can 1099ers File Discrimination Claims in New York?
As of July 2018, if you work anywhere in New York State, outside of New York City and the remaining 28 counties and you are subjected to sexual harassment, a hostile work environment, or unwelcome sexual attention, you can hold your employer accountable.
Your Rosa Parks Moment
If you're going to have your Rosa Parks moment, make it count. Make sure you document, document, document the complaint, and all follow up to the boss, to the HR department. Whatever happens, put it in writing. Hold their feet to the fire. Stand up for yourself. The Rosa Parks moment, Circa 2018 in the workplace.
Every case has a Statute of Limitations
Every case has a statute of limitations - the date by which it must be filed, or the chances are lost forever. In discrimination cases, sexual harassment, pregnancy discrimination, retaliation, any kind of employment law case, a charge of discrimination must be filed with the United States Equal Employment Opportunity Commission before you're allowed to file in court, and that charge of discrimination must be filed, within either 180 days of the last discriminatory act or 300 days of the last discriminatory act, depending on the state where you work. So for instance, in New York, that federal filing date with EEOC is 300 days from, if you were fired, that is likely the last discriminatory act.
Lactation and Work: Your Rights
if your company has at least 50 employees, you are covered for up to a year after your baby is born, you are permitted, and they are required to create, make this space for you to express milk and continue lactating during working hours. Unpaid time, but they can't discriminate and they must permit you to do so. If your employer does not have 50 employees, approximately half of the states in the United States have their own lactation laws such as in New York, and Connecticut, where I practice law - both of those laws go farther than the federal law in protecting women who are lactating.
NYCHRL revised May 9, 2018 to cover ALL employees in sexual harassment cases
Under the new revised statute as of May 9, 2018, even if you're the only employee, and you are being sexually harassed, being subjected to unwelcome sexual conduct, a sexually hostile work environment, you are in a position now to hold your employer accountable.
No NDA's permitted in NY
Today's video is about confidentiality. Nondisclosure agreements are no longer permitted just because your employer wishes to sweep your claim and your settlement under the rug. You, now as the victim of the sexual harassment must consent to the privacy, to the confidentiality, to the nondisclosure agreement if it is to occur.
No more mandatory, private arbitration of NY sexual harassment cases
Why this is also really big news is that federal law, the federal Arbitration Act, case law interpreting it - permits employers to require employees who are starting a job as a condition of that employment to accept the notion that you give up your right to a jury trial, you give up your right to hold your employer accountable in court in a public forum for free when, if and when, you're being discriminated against.
1099'ers are Now Covered by NY Sexual Harassment Law
If you're being sexually harassed, subjected to unwelcome sexual attention, a hostile work environment due to your sex - up until April 2018, you wouldn’t be covered if you weren't a W-2 employee.
Glamour Magazine asks Jack Tuckner: How should the average person handle sexual harassment at work?
Glamour Magazine for its Solidarity Issue of June/July 2018 reached out to Jack Tuckner, Esq. with the question — How should the average person handle sexual harassment at work?
NYS Sexual Harassment Law 2018 Revisions
Even if there is only one employee, one 1099 employee and that's you, and you are being sexually harassed, you can fight back. Also under the same new revised law, effective July 2018, mandatory arbitration will no longer be mandatory for sexual harassment claims in New York.
Can I be fired for something I didn't do?
Only if the real reason is based on the illegal factors embodied in the federal or state discrimination laws, then you got some leverage to hold your employer accountable.
NY now permits sexual harassment claims against small employers
If you are being sexually harassed and you work for an employer in New York, it doesn't matter now how small your employer is. Even if there is only one employee, and you’re that employee, and you're experiencing unwanted sexual attention - any kind of sexualizing conduct, or sexist hostility - you can now hold your employer accountable. And, if you prevail, you are entitled to your attorney fees for holding their feet to the fire.
#MeToo Not just for Celebrities
Nurses are sexually harassed by patients too...
If you are a nurse and you are being sexually harassed by patients, its still illegal sexual harassment.
Only 1 employee needed for sexual harassment in NY
If you are being sexually harassed in the workplace and you work for a tiny mom-and-pop employer with let's say 3 employees, what do you do?
Is it sexual harassment if my boss stares at me all day?
The Secret to Filing Administrative Complaints with the EEOC or the SDHR: Don’t Do It!
NY Lowers Employee Threshold for Bringing Sexual Harassment Claims, and Enhances Remedies
If you work anywhere in New York and you’re experiencing unwelcome sexual attention in the workplace, it’s now illegal, even if you work for a tiny company and you’re the only employee.