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Articles Posted in Employment Discrimination

Sexual Orientation and Transgender Status Discrimination Now Unlawful Under Federal Law
Famighetti & Weinick

Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination. Title VII, however, prohibits only the types of discrimination identified in the statute, including race discrimination, religious discrimination, national origin discrimination, and sex discrimination. Title VII does not explicitly prohibit discrimination based on sexual orientation and transgender status. Accordingly, for years, scholars and…

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Lack of Immunity to Covid-19 May be a Disability under the ADA
Famighetti & Weinick

With covid-19 not giving up, employment lawyers across the country, including our Long Island employment lawyers at Famighetti & Weinick PLLC, are facing questions about how the new pandemic will affect essential workers and non-essential workers who go back to work as the country adjusts to “the new normal” and the economy reopens. In one…

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High Risk Employees and Covid-19
Famighetti & Weinick

When the coronavirus pandemic started taking hold in the New York region, government moved to shutdown businesses to help control the spread of the virus. New York State Governor Cuomo instituted the Pause program which required all non-essential businesses in New York to close. But, essential businesses were allowed to stay open. Almost immediately, employment…

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Can Employers Require That Employees Take Covid-19 Antibody Tests?
Famighetti & Weinick

As the country begins to re-open from the coronavirus shutdown, governments and employers are working to implement procedures to protect workers, patrons, and citizens generally, from the continued threat of covid-19. Face masks and temperature checks are likely to be universally accepted requirements for businesses and workplaces. But, antibody testing is also becoming widespread and…

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Courts Clarify Standards for Age and Race Discrimination Cases
Famighetti & Weinick

Causation is part of every employment discrimination case. Causation means that there is a link between the employment action and a discriminatory reason. For example, if a worker is fired because the worker was caught stealing from the employer, the decision to terminate the worker is legitimate, not discriminatory. But, if the employer terminates a…

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What Should Employees Do About Coronavirus (Covid-19)?
Famighetti & Weinick

As employment law attorneys, our email and social media is flooded with information from fellow employment lawyers about how employers should handle the coronavirus pandemic. Today’s Long Island employment law blog discusses some issues relating to how employees might handle the crisis. Please note, this blog is informational only and should not be relied upon…

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EEOC Suggests Coronavirus May Invoke Direct Threat Exception to Disability Discrimination Laws
Famighetti & Weinick

As coronavirus fears continue to spread throughout the country, workplaces are struggling to decide how to prevent possible outbreaks in their work forces. Indeed, Seattle based tech giants Amazon, Google, Facebook, and Microsoft are closing offices and asking employees to work from home. But, discussions about employees’ medical conditions necessarily invokes concerns about disability discrimination…

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EEOC Publishes 2019 Charge Statistics
Famighetti & Weinick

The Equal Employment Opportunity Commission (EEOC) is the federal agency charged with investigating and prosecuting claims of discrimination arising under federal law. Generally, federal law prohibits workplace discrimination on the basis of sex, race, national origin, religion, color, disability, age, and genetic information. Further, federal law prohibits employers from retaliating against employees who report or…

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Can my employer ask for my medical records?
Famighetti & Weinick

As Long Island employment lawyers, one of the questions we encounter is whether an employer can ask an employee for medical records. A request of this nature can implicate issues relating to disability discrimination laws, such as the Americans with Disabilities Act (ADA), and the Family Medical Leave Act (FMLA). Today’s Long Island employment law…

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October 2019 Employment Law Report
Famighetti & Weinick

October 2019 was a busy time in the world of employment law. Two major developments include (1) New York State sexual harassment training deadline hits; and (2) the Supreme Court heard oral arguments on a Title VII case which will decide whether the federal workplace anti-discrimination laws prohibits sexual orientation discrimination. Today’s Long Island employment…

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