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Articles Posted in Employment Discrimination

Associational Discrimination Under the Americans With Disabilities Act
Famighetti & Weinick

The Americans with Disabilities Act (ADA) prohibits, among many other things, employers from discriminating against employees with disabilities. In addition to protecting employees with disabilities, the law also protects employees who associate or have a relationship with another individual who has a disability. Today’s Long Island employment law blog discusses the law concerning associational discrimination…

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Long Island Employment Lawyers Selected by Super Lawyers
Famighetti & Weinick

We are proud to announce that Peter J. Famighetti and Matthew Weinick, partners at the Long Island employment law firm, Famighetti & Weinick PLLC, have been selected for inclusion by Super Lawyers New York Metro magazine. This exclusive list is reserved for no more than five percent of the attorneys in New York State. According…

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What is Labor Day?
Famighetti & Weinick

“Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first Monday of September in each year, being the day celebrated and known as Labor’s Holiday, is hereby made a legal public holiday.” While mostAmericans lament the end of summer, Labor Day always offers…

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Discrimination Under the Constitution
Famighetti & Weinick

Employees facing discrimination in the workplace must usually rely on statutes to sue their employers. Governments, however, must operate within the boundaries of the Constitution, including when the government acts as an employer. So, employees who work for a government, such as a state, town, city, or special district, may be able to bring legal…

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Amendments to New York’s Sexual Harassment and Discrimination Laws
Famighetti & Weinick

The phrase “sexual harassment” has certainly been in the news lately. But, it may be hard to discern when an individual has been a victim of sexual harassment in the workplace, at least in the eyes of the law. The United States Supreme Court has established standards for courts to follow when analyzing sexual harassment…

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Is Title VII’s Charge Filing Requirement Jurisdictional or a Mandatory Rule?
Famighetti & Weinick

Title VII of the Civil Rights Act prohibits employers from discriminating and retaliating against employees. Employers who violate Title VII may be subject to a lawsuit in federal court. Before filing a lawsuit, however, employees who believe their employer has violated the law must file a charge of discrimination with the Equal Employment Opportunity Commission…

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New York City Limits Employment Related Marijuana Testing
Famighetti & Weinick

Earlier this month, we wrote about the intersection of medical marijuana use and employment discrimination laws. Based, in part, on this conflict, the New York City Council passed a law which would prohibit New York City employers from testing prospective employees for marijuana as part of the employer’s pre-hiring procedures. Today’s Long Island employment law…

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Appeals Court Applies Stricter Test to Disability Discrimination in New York
Famighetti & Weinick

In employment discrimination claims, courts generally apply one of two methods of analyzing the claims. In a mixed-motives analysis, plaintiffs must show the employer was motivated, at least in part, by a discriminatory animus. This is considered a more lenient standard. In but-for causation, the plaintiff must show that discrimination was the but-for cause of…

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What Acts Can be Considered For a Hostile Work Environment Claim?
Famighetti & Weinick

For federal workplace discrimination claims in New York, employees must file a charge of discrimination with the EEOC within 300 days of the discriminatory act in order to preserve their right to sue the employer. But, oftentimes for hostile work environment claims, the employee doesn’t reach a breaking point until after enduring perhaps months or…

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Medical Marijuana Use and Disability Discrimination
Famighetti & Weinick

As more states enact legislation legalizing marijuana for medical and/or recreational use, issues concerning employers’ regulation of employees’ marijuana use are on the rise. Can employers regulate an employee’s lawful use of marijuana outside of work? Like most legal questions, the answer is complicated. Today’s Long Island employment law blog discusses a recent New Jersey…

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