Employment Law News And Analysis

When lawmakers in New York passed the state's Human Rights Law, they extended workplace protections provided by the Civil Rights Act and the Age Discrimination in Employment Act. While workers across the United States are protected against harassment or discrimination in the workplace based on their gender, age, race, religion or national origin, employees in the Empire State are also protected against unfair treatment based on such factors as their criminal arrest record, military status, sexual orientation, marriage status and domestic violence victim status.

Employers can be held responsible for violating workplace discrimination laws when they allow an environment to develop that would be considered offensive, hostile or intimidating by a reasonable person. Petty inconveniences or minor annoyances would not be enough to meet this standard. Examples of workplace behavior that may support a discrimination or harassment claim include displays of pornography or other offensive material, physical assault or intimidation, unwelcome sexual advances, ridicule and abusive language.

It has been several years now since the Americans with Disabilities Act went into effect. Since then, numerous workers with disabilities in New York and across the United States have expected that they should be treated with respect and of equal worth to their non-disabled counterparts. More and more companies are finding new ways to offer accommodations to people so that they can adequately perform their job duties even with the presence of a disability.

Unfortunately, some companies seem to act as though the need to make adjustments for different workers is not real or that disabled workers do not deserve equal treatment. That attitude leaves too many people unemployed and wondering how they can take care of their families.

Employees in New York and elsewhere are federally protected against labor practices that can harm and exploit them. You may have heard about the problem of sex trafficking, but labor trafficking may be a new term to you. Unfortunately, this form of modern-day slavery is prevalent throughout the U.S., especially among undocumented immigrants.

What exactly is labor trafficking, you may wonder? According to PBS FRONTLINE, employers using this illegal form of involuntary labor utilize coercion, force or fraud to keep workers under their control. Often, they force them into debt and withdraw large portions of their paychecks to “repay” this debt, threaten to report them to immigration authorities or threaten them or their family members with physical harm or death if they refuse to do as they are told. In some cases, trafficked laborers are prevented from leaving the property, even after their shifts. The majority of trafficked workers are immigrants, many of whom are minors. Construction, landscaping, agriculture, janitorial and even nail salons are industries in which many trafficked laborers are found.

Many small companies might not think that they need an employee handbook. With only a few employees, they can discuss policies in person easily enough and be flexible about some things like working from home or taking time off. However, that is not sustainable as a company grows and, even at a small size, a handbook with well-documented policies and procedures can protect businesses in the event that a problem occurs with even one employee down the road.

As explained by Paycor, a provider of human resources software, a good employee handbook protects employers and clarifies expectations for both employers and employees, ideally preventing potential problems caused by interpretation or misunderstandings. It can also help create and communicate the culture that a company has or wants to build and strengthen. A business' employees can be their biggest brand ambassadors so this can be very useful.