Articles Posted in Employment Discrimination

Can an employer fire an employee for activities in which the employee engages outside of work? Like most legal questions, the answer is that it depends. Today’s Long Island employment law blog discusses whether New York employees are protected for engaging in activities outside of work. Generally speaking, New York employees are considered at-will, meaning…

Special Counsel Robert Mueller’s investigation into possible collusion between the Trump campaign and Russia has been dominating the news. What, if anything, can the Russia investigation teach us about employment law? Today’s Long Island employment law blog discusses the one clear answer — tell the truth. The presidency may be a politically elected position, but…

Federal and state laws protect employees from discrimination and prohibit employers from making employment decisions based on factors such as race, gender, religion, national origin, disability, and age. These laws also protect employees against retaliation. In other words, employers are prohibited from subjecting employees to negative employment decisions, such as termination or demotion, because an…

Title VII of the 1964 Civil Rights Act prohibits workplace discrimination. Title VII, however, prohibits only the types of discrimination identified in the statute, including race discrimination, sex discrimination, religious discrimination, and national origin discrimination. For nearly two decades, the prevailing view from the country’s federal courts, including New York’s federal appellate court (the Second…

With many states declaring flu epidemics and with the spread of other communicable diseases, many employers, particularly in the health care industry, are requiring employees to receive vaccinations. Employees rightfully have concerns about being forced to receive a vaccination and so a common question is whether employers can force employees to be vaccinated against the…

On November 21, 2017, the New York State Division of Human Rights determined that probable cause exists to believe that an employer discriminated against an employee on the basis of perceived disability. Long Island employment lawyers Famighetti & Weinick PLLC filed the charge of discrimination against a Nassau County employer in the Spring 2017 on…

The New York City Human Rights Law prohibits employment discrimination based on, among other things, an employee’s gender. The law has plainly provided for punitive damages against employers who violate the law. Punitive damages are generally available in cases as a way to dissuade others from engaging in similar unlawful conduct and to punish the…

Can an employer fire an employee if it believes the employee has bloodshot eyes and believes it is because the employee is abusing drugs when, in fact, the employee is suffering from allergies? The highest state court in New York recently said “YES!” On October 17, 2017, in Makinen v. City of New York, the…

Matthew Weinick is a Long Island employment lawyer and a founding partner of the Long Island employment law firm of Famighetti & Weinick, PLLC. Today’s employment law blog highlights Matt’s work and experience in the field of employment law. Matt graduated cum laude from Hofstra Law School. While at Hofstra, Matt served as notes and…

Peter J. Famighetti is a Long Island employment lawyer and a founding partner of the Long Island employment law firm of Famighetti & Weinick, PLLC. Today’s employment law blog highlights Peter’s work and experience in the field of employment law. Peter attended Hofstra Law School and was admitted as an attorney in New York State…