Employment Law & Discrimination

LEGAL ISSUES IN THIS UNCERTAIN ECONOMIC

CLIMATE: Employment Law

Sheheryar Sardar, Esq.Sardar Law Firm LLC

www.sardarlawfirm.com

Major Employment Law Issues in Difficult Economic Times

Employment Discrimination

Severance Agreements

Sardar Law Firmwww.sardarlawfirm.com

Employment Discrimination

What is Employment Discrimination?

Refers to discriminatory practices such as bias in hiring, promotions, job assignments, termination and compensation, and various types of harassment.

What happens most in DIFFICULT ECONOMIC TIMES: Workplace Discrimination

When an employee suffers hostile or unfair treatment due to their race, religion, national origin, disability or veteran status.


What Qualifies as Discrimination?

Any unwelcome advance or conduct on the job that creates

• Intimidation in the workplace• A Hostile work environment• An Offensive work environment

Such behavior includes• Repeated Offensive or Belittling Jokes

• Offensive Insults and Materials• Outright Assault


Scenario #1:A few colleagues are working late and the topic of Israel comes up. A co-worker calls Salman a terrorist and says that all Pakistanis and Muslims are suicide bombers.

Is this workplace discrimination?

YES

Salman is in a protected class because the discrimination is based upon his national origin/ethnicity.

It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics.

Scenario #2:Amna wears a hijab to work everyday. At the time of hiring, the company was very welcoming of her religious choice. A year later, when it came time to promote Amna to a highly visible management position, the company excluded her from consideration based on her head covering. Their reason was, “The position is quite high profile and we don’t want our customers to get the wrong idea about us.”

Is this workplace discrimination?

YES

Amna’s employer is required to reasonably accommodate the religious beliefs of an employee or prospective employee, unless doing so

would impose an undue hardship.

Scenario #3:Mariam announces her pregnancy to a few co-workers. A week later, her boss calls her in to inform her of an “economic layoff.” When Mariam asks why her name was on the layoffs, her boss noted, “Your work product has been up and down and we feel you won’t be able to put your best foot forward due to your current circumstances.”

Does Mariam have a claim?

MAYBE

While gender related discrimination is a hot issue, it is also the most difficult to prove.

Current Example

A Queens supermarket group was charged with sex discrimination in a lawsuit filed on Wednesday in Brooklyn Federal Court.


Dealing with Workplace Discrimination:

What Can YOU Do


2009

Step 1: Company’s Policy

Most companies have HR policies that deal directly with workplace discrimination or sexual harassment.

Any employee believing they have been subjected to discrimination should report that behavior to their immediate supervisor, another member of management or the agency Human Resource section.

If you choose not to address the situation according to your employer’s policies, you may hurt your

chances of filing a lawsuit. If the employer does not know, they cannot remedy the situation for you.


What if the harasser is the person you are supposed to go to?

Go to HR. If you work for a company with no HR department, go to your supervisor’s boss.

Do not worry about retaliation from management. If you are retaliated against, you have a claim against your workplace.


STEP 2: DOCUMENT

Complaints to HR or a Supervisor may be made verbally or in writing.

However, you must keep a log of any interaction you have with HR or your Supervisor regarding workplace discrimination or harassment.


After you talk to the appropriate person, EMAIL them confirming your conversation:

“Dear ______,

This is to confirm our meeting on _____ regarding the harassment issue with _____. Thank you.”

PRINT OUT this message from your inbox and put it in a folder at home. This simple message is PROOF that you tried to address the situation with the appropriate in-house individual.

How do I document conversations?


How do I document verbal harassment?

People rarely make discriminatory remarks via email, handwritten notes, or other ways that are easily traceable. Instead, most harassment is done verbally.

Document each instance by putting it into a Excel Spreadsheet or Word Document. Listing the following items: DATE, TIME, WHAT WAS SAID, WHO WAS THERE, CONTACT INFORMATION FOR POTENTIAL WITNESSES

This will help your lawyer contact the right people and show a PATTERN of discrimination.


STEP 3: GET AN ATTORNEY

If harassment/discrimination continues, YOU NEED TO CONTACT AN ATTORNEY.

An attorney can file a claim for you or contact your employer on your behalf in order to ensure that your grievances are addressed.


Next Issue:

SEVERANCE AFTER A LAY

OFF


Common Mistakes Individuals Make with a Severance Agreement

Accepting a severance package without consulting an attorney.

A severance agreement is there to ensure that YOUR EMPLOYER is protected, NOT YOU.


Severance Agreements

You can negotiate the terms and conditions in your severance package.

• You have the right to consult an attorney.

• If your employer demands you sign right then, it is illegal. These are your RIGHTS. You must exercise them.


Please contact us at [email protected]

if you have questions.Thank you.


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Employment Law & Discrimination

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