Title VII of the Civil Rights Act of 1964 (“Title VII”)

Prohibited Bases of Discrimination

  • Under Title VII, an employer may not discriminate against an individual on the basis of an individual's race, color, religion, sex, pregnancy or national origin.
  • Title VII expressly prohibits discrimination in connection with the hiring and discharge of an employee and “with respect to his or her compensation, terms, conditions, or privileges of employment.”

Applies to employers with 15 or more employees

 

Age Discrimination in Employment Act (“ADEA”)

Prohibited Bases of Discrimination

  • The ADEA prohibits an employer from discriminating against employees or prospective employees age 40 and older.
  • An employer may not refuse to hire, discharge or otherwise discriminate against an individual with respect to compensation, terms, conditions or privileges of employment on the basis of the individual’s age.

Applies to employers with 20 or more employees

 

Americans With Disabilities Act (“ADA”)

Prohibited Bases of Discrimination

  • The ADA prohibits an employer from discriminating against employees or prospective employees based upon a disability.
  • Disability discrimination includes the failure to make reasonable accommodations for the employee or denying employment to avoid having to make such reasonable accommodations.

Applies to employers with 15 or more employees

 

Protected Characteristics

Federal: Race, color, sex (including pregnancy, childbirth, and related medical conditions), religion, national origin, age (40 or older), citizenship, disability, certain veterans, genetic information.


New York State: All of the above, plus: age (18 or older), marital status, sexual orientation, AIDS/HIV status, military status or service, observance of Sabbath, political activities, use of service dog, domestic violence victim status, conviction record (with exceptions), lawful use of any product or lawful recreational activities outside work.


New York City: All of the above, plus: sexual orientation, transgendered status, actual or perceived sex, gender identity, self-image, appearance, behavior or expression, status as a victim of domestic violence, stalking and/or sex offenses.

 

NYC & NYS rules apply to employers with 4 or more employees

 

Emerging and Developing Issues – Pregnancy Discrimination

In June 2016, the EEOC issued enforcement guidance on the federal Pregnancy Discrimination Act (“PDA”) and the ADA as they apply to pregnant workers, in light of the Supreme Court’s decision in Young v. United Parcel Service, Inc.

Fundamental requirements of the PDA:

  • An employer may not discriminate against an employee on the basis of pregnancy, childbirth, or related medical conditions; and

 

  • Women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other persons not so affected but similar in their ability or inability to work.

The number of pregnancy-related charges filed with the EEOC went up nearly 40% from 1997 to 2013.

For women of color, charges increased 76% from 1996 to 2005.

 

Employer policies may not

  • Treat individuals less well because of their pregnancy.

Examples: refusing to hire a qualified applicant because she is pregnant --not allowing an employee to accrue PTO while on maternity leave but allowing other employees on temporary disability leave to accrue
--joking about a pregnant employee’s weight gain or accusing a pregnant employee of being overly sensitive and emotional

  • Single out pregnant individuals.

Examples: requiring pregnant employees to take unpaid leave at a certain month in their pregnancy --requiring medical clearances from pregnant employees to perform certain job duties, but not requiring it for other employees

  • Be rooted in stereotypes regarding pregnancy.

Examples: deciding not to promote a pregnant employee based on the assumption that she will likely decide not to return to work after childbirth -- deciding not to assign a pregnant employee work because of a concern that she will be too distracted.

 

Added Pregnancy Protection

  • Protects Women From Pregnancy Discrimination Bill
  • Amends NYSHRL to require employers to provide reasonable accommodations for pregnancy-related conditions
  • Pregnancy-related conditions must be treated as temporary disabilities
  • Employers must engage in reasonable accommodation process
  • As with other disabilities, employers required to provide reasonable accommodations unless undue hardship

 

Additional Protections for Caregivers and Parents

  • On January 5, 2016, Mayor de Blasio signed legislation expanding the NYCHRL to add “caregiver status” as additional protected category. “Caregiver” defined as “a person who provides direct and ongoing care for a minor child or care recipient”
  • On January 19, 2016, New York State enacted End Status Discrimination bill, which amended NYSHRL to add “familial status” as protected characteristic. “Familial status” refers to person who is pregnant, has child, or has legal custody of someone under 18
  • Applies equally to men and women
  • Intended to create equal playing field in workplace for all New Yorkers with children

Contact Us

Managing Attorney

Angel A. Castro, III, Esq.

60 Broad Street

24th Floor
New York, NY

10004 

 

 

Phone: (646) 234-3177
Fax: (212) 731-0217

 

Hablamos Espanol

Visita
CNYabogado.com

 

Serving the New York Supreme Courts in Manhattan, the Bronx, Brooklyn, Queens, Westchester, and Onondaga Counties, as well as the Appellate Division First, Second, Third, & Fourth Departments for Complex Litigation, Appeals, & Negotiation.

Meetings

We are available to meet in Manhattan and Syracuse, New York. If you would like to meet outside of these areas, please contact us and we can arrange for a meeting place to discuss your matter.

This website contains general info. about AA Castro C.L.A.N, PLLC and is not intended to serve as a source of legal advice.

 

Neither receipt of information presented on this site nor any email or other electronic communication sent to Castro CLAN PLLC or its lawyers through this site will create an attorney-client relationship, and no such email or communication will be treated as confidential. No user of this site should act or refrain from acting on the basis of information on this site without seeking legal advice from counsel in the relevant jurisdiction. Castro CLAN PLLC expressly disclaims liability with respect to actions taken or not taken based on the contents of this site.

 

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