A recent case in New York gives some guidance on the type of evidence an employee needs to present in order to prove claims of disability discrimination and a hostile work environment under the New York State and City Human Rights Laws. The plaintiff in the case worked for United Cerebral Palsy of New York City for about two years. During that time, she developed a variety of physical ailments including pain in her hands, wrists, and arms. Her physician diagnosed her with tendinitis and initially prescribed physical therapy. As her condition worsened, plaintiff qualified for workers’ compensation and took a medical leave of absence. Plaintiff claims that, when she returned to work, she was discriminated and retaliated against in several ways. She was assigned to a different floor and to work with a different supervisor who, plaintiff claims, created a hostile work environment. She contends that her supervisor criticized her accent, mocked her English, and humiliated plaintiff in front of others by criticizing her English proficiency. Less than three months after plaintiff returned from her leave of absence and started working for the new supervisor, she was fired. She filed a lawsuit for disability discrimination and a hostile work environment in violation of the New York State and New York City Human Rights Laws. Proving Disability DiscriminationIn order to prove a claim of disability discrimination under the New York State Human Rights Law, the plaintiff must prove, by a preponderance of the evidence, (a) that she suffers from a disability; (b) that she was qualified to hold the position at issue; and (c) that she suffered an adverse employment action or was terminated from employment under circumstances giving rise to an inference of discrimination. Once the plaintiff presents evidence to prove these three facts, the burden of proof shifts to the employer to rebut the presumption of discrimination by presenting evidence that there were legitimate and nondiscriminatory reasons to support the adverse employment action or termination. The plaintiff then must present evidence to prove that the employer’s reasons are false or pretextual. In this case, the court found that the plaintiff presented enough evidence of discrimination to justify presenting her disability claims to a jury. There was no dispute that the plaintiff suffered from a disability, was qualified for the position, and was terminated. The court also found sufficient evidence that the termination of plaintiff’s employment occurred under circumstances giving rise to an inference of disability discrimination because her supervisor began to single her out after she became disabled. Specifically, she was transferred to a different floor upon her return from leave, assigned inferior job duties, denied access to a computer, a desk and a log-in code, continuously monitored during work hours, repeatedly written up over a short period of time, and denied a cost-of-living raise awarded to all other employees. To the extent the employer tried to defend its actions by claiming that plaintiff’s work performance was deficient, the court found that this defense raised factual issues that had to be decided by a jury. In the words of the court: “Defendants’ assertion that it did not engage in any discrimination towards plaintiff is simply a question of fact to be resolved by the fact finder. The Court, on a motion for summary judgment, cannot credit defendants’ account. Defendants will be able to present at trial their version of events that plaintiff was often missing from her work station and was routinely late or left work early without permission.” Proving a Hostile Work EnvironmentIn order to prove a claim for a hostile work environment, a plaintiff must show that she was subjected to inferior terms, conditions or privileges of employment because of her membership in one or more protected categories. It is important to emphasize that the hostile work environment must be connected to discrimination. It is not enough to show that a manager or supervisor is a mean, nasty person who makes life miserable for everyone. An employee claiming that they were subjected to a hostile work environment must prove that they were singled out because of their race religion, disability, gender, sexual orientation or other impermissible reason. In this case, the court found sufficient evidence that the employer engaged in discriminatory conduct that rose to the level required to support a claim of hostile work environment. The discriminatory conduct included the supervisor mocking plaintiff's accent in the presence of her coworkers, claiming that she did could understand plaintiff, and taunting plaintiff with offers to educate her on how to speak English. In addition, there was evidence that the supervisor engaged in excessive monitoring of plaintiff by reviewing surveillance footage to determine when plaintiff arrived at the office and when she left for to the day, including monitoring when plaintiff left her desk for a bathroom break. Significantly, there was no indication that the supervisor engaged in such close tracking of any other employee under her supervision. According to the court, the evidence was sufficient to support a hostile work environment claim because the supervisor’s conduct created a work environment in which the plaintiff was routinely subjected to harassment, intimidation, and ridicule on a weekly or even daily basis. Get an Experienced Lawyer on Your SideAs this case illustrates, the key to winning your claims of disability discrimination and a hostile work environment is pulling together evidence that you were treated less favorably than other employees, and that you were treated less favorably because of discrimination. Doing that effectively requires the assistance of an experienced employment lawyer.
To find out if you have enough evidence to prove your claims, call us at (212) 601-2728. The consultation is free and completely confidential. And if you have a strong case, we will represent you on a contingency fee basis. This means that you will not owe us any legal fees unless you win.
0 Comments
When faced with sexual harassment in the workplace, you should take the following steps:
Object to the Harassment: Tell the harasser to stop. Tell them clearly and firmly that their conduct is not welcome and must end immediately. Do not leave any doubt in their mind that you want them to stop. Harassment is a form of bullying. Workplace bullies act brave when they think you are weak, but they often go away if you stand up to them. Report the Incident: Tell your supervisor and the human resources department what happened. You should use your company’s formal reporting process if they have one. If not, then report the incident in writing or by email. Be specific about what was said, who said it, when, and where. Keep a copy of your report. Get Some Moral Support: Sexual harassment can cause severe stress no matter how strong you are. It is especially stressful if the harasser is a supervisor or a friend of a supervisor. Do not go through this alone. Talk to a close friend or family member about what happened and how it is affecting you. Having a trusted confidant will reduce stress and help you make better decisions. Keep a Record: Keep a log of any ongoing sexual harassment. Write down dates, times, what was said or done, and who was involved. Keep this log separate from any personal journal or diary. In New York, you may use your smart phone to secretly record what the harasser says to you. That can be powerful evidence. (But you must be present when the recording is done. You cannot leave your smart phone in a room to record conversations when you are not present.) Gather Your Work Product: Make sure you keep copies of your accomplishments at work. Keep copies of your work product, performance reviews, commendations, awards and anything else that shows you are a good, valued employee. Do Not Quit: Quitting your job will make it very difficult, and sometimes impossible, to bring a claim against the harasser and the company. Before you quit, talk to an experienced employment lawyer. Your lawyer may be able to intervene and get the employer to stop the harassment. Consult an Experienced Employment Lawyer: Getting advice from a lawyer early in the process is the best way to stop the harassment and, if necessary, build a strong case for damages. A good, legitimate employment lawyer will give you a free consultation. If you need to bring a lawsuit and have a strong case, your lawyer will take the case on a contingency fee basis. This means that you will not pay any legal fees unless you win. Do Not Delay: You must act promptly for two reasons. First, acting immediately helps build your credibility. Second, there are strict time limits for filing a claim under New York City, New York State, and federal laws. Failing to act promptly may result in the loss of your claims. To schedule a free and confidential consultation with an experienced sexual harassment lawyer, call John Howley, Esq. directly at (212) 601-2728. Prepare Yourself for a Successful Lawsuit
Fighting back against sexual harassment requires more than evidence and a good lawyer. You need to be mentally and emotionally prepared to stand up for your rights. Here are some tips to get started. Confide in a Close Friend. Tell someone close to you what is happening at work. Simply telling a sympathetic listener will relieve some stress. You will be empowered by the knowledge that you are not alone, no matter what is happening at work. A trusted friend can help you make wise decisions. You should not make important decisions such as starting a lawsuit when your judgment may be clouded by anger, stress or fear. Having the support of a close friend or family member can help you reach a state of mental and emotional confidence. Your confidant may also become an important witness if you decide to pursue legal action. He or she may be able to corroborate your timeline of events, the emotional impact the harassment had on you at the time, and the continuing effects today. Get Professional Counseling. Doctors are taught that they should never self-diagnose. The same advice applies to the rest of us who lack their medical education and training. Healthcare professionals have the training and experience necessary to identify subtle effects on your psyche. While most people in this field are by nature compassionate, as professionals they are also committed to giving you objective advice. Unlike a family member or close friend who might “pull punches” because they do not want to hurt your feelings, a healthcare professional can tell it to you straight. You need that balance of professional advice and unconditional support. These benefits alone are good enough reason to seek professional help, whether or not you ever start a lawsuit. Seeking professional counseling or therapy before you see a lawyer will also help your succeed in court. The fact that you sought professional help, on your own, may help convince a judge or jury that your emotional harm is real. Be Confident, Strong, and Proud. You did nothing wrong. This situation is not your fault. You have no reason to be fearful, anxious, or ashamed. The only people who should have those feelings are the people who have harassed you at work, and the people who did nothing to stop it. The harassers are cowards. They appear to be extremely confident when harassing others and getting away with it. But truly confident people do not harass or bully anyone. The need to harass and bully others comes from a deep sense of insecurity in the bully. Your harassers are the weak ones. When you fight back from a position of emotional balance and confidence, justice will prevail. When you are ready for the next step, call John Howley, Esq. at (212) 601-2728 to schedule a free and confidential consultation. Government Alleged Female Director Was Paid Less Than Male Counterparts in Violation of the Equal Pay Act and Title VII
Two logistics and warehouse companies have agreed to pay $45,000 to settle claims that they paid a female director less than her male counterparts. According to the EEOC, a female director of intermodal operations for the companies was paid less than three male directors. The woman learned that she was being paid less than the men when she came across a pay stub of a male counterpart after he was fired and she took over his position. The Equal Pay Act prohibits companies from paying women less than men for work requiring equal skill, effort and responsibility that is performed under the same or similar working conditions. Pay discrimination also violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex. The $45,000 settlement will be paid to the victim to compensate her for the discriminatory pay differential. The companies also agreed to provide anti-discrimination training and post an equal employment opportunity notice at the workplace. If you have been discriminated against in terms of compensation, promotions, or job assignments, you should consult with an experienced employment lawyer to protect your rights. You may be entitled to compensation for back pay, future pay and other damages. To schedule a free and confidential consultation, call John Howey, Esq. at (212) 601-2728. |
Call us to Schedule a Consultation
(212) 601-2728 John Howley, Esq.
(212) 601-2728 Categories
All
|