Employment Lawyer Blog

It seems like every day in the news we read about new cases of ferociously unfair workplace discrimination in New York, as well as harassment, wage and hour violations, and retaliation. Unfortunately, by the time that independent parties are brought in to resolve workplace frustrations, it is often too late to avoid lawsuits and litigation. But could there be a simpler way to preserve employee rights and protect the business interests of employers?

Perhaps.

One new method has shown startlingly positive results in a number of industries. It can be summed up in single word: Awareness.

Simply put, when workers become more aware of one another's concerns, sensitivities, and proclivities, uncomfortable situations seem easier to resolve. This may sound like common sense, but it is common sense uncommonly practiced.

How might increased awareness of others lead to problem resolution?

1) Awareness leads to empathy.

Often, in workplace situations, people have a 'me against the world' mentality. This isn't necessarily a bad thing -- after all, we live in a capitalistic culture that has generated amazing results. But when the pursuit of wealth and power becomes the singular objective of workers and bosses alike, it can lead to insensitivities that can corrupt institutions and ultimately drag down efficiency. For instance, suppose a manager at a bank ruthlessly pursues policies to squash his subordinates and better his peers for the sole purpose of climbing the corporate ladder. He might ultimately get promoted. But his behavior diminishes his corporation. As a result, everybody loses in the end. Moreover, this ruthless pursuit of power blinds him to legitimate concerns that his subordinates may have, including concerns about untoward harassment and discrimination.

Conversely, consider a manager who cultivates awareness of his coworkers and subordinates. He may develop 'win-win' solutions to common on-the-job problems. As a result, he will likely be more sensitive to concerns about harassment and discrimination, be faster at resolving these situations and therefore be more effective at advancing not only his interests but also the interests of his colleagues and his organization.

2) Greater awareness breeds greater mutual trust.

In modern corporations, depersonalization of employees is almost always a big problem. But by practicing awareness of those around you, you can identify problems proactively and nip them in the bud.

3) Awareness reduces stress.

A plethora of studies shows that mindfulness can reduce stress. This in turn can lead to a cascade of health benefits, including reduced cortisone levels, a higher level of fulfillment and satisfaction, and a greater sense of control and perspective. An ancillary benefit of practicing awareness of your moods and concerns -- and the moods and concerns of others -- is that you should be more alert at identifying office discrimination, harassment, and other misbehaviors before they become major problems.

For legal help resolving difficult or even intractable-seeming hostile workplace problems, contact the lawyers here at Joseph, Herzfeld, Hester & Kirschenbaum LLP at www.jhllp.com or dial us toll free at (866) 348 7394.

How does race discrimination impact New York City job applicants? Two researchers at Princeton University's Department of Sociology, Devah Pager and Bruce Western, tackled this subject in a new paper entitled Race at Work: Realities of Race and Criminal Record in the NYC Job Market.

Opinion polls indicate that the majority of Americans believe we're living in a land of equal opportunity; a recent Gallop Poll showed that around 75 percent of Americans believes that whites and blacks are treated as equals on the job market.

The authors investigated this belief by following nearly 1,500 entry-level job applicants in New York for nearly a year to determine whether their race/ethnicity would impact their prospects on the job market.

Unfortunately, the study dramatically contradicted the common assumptions. The authors found that African American and Hispanic applicants were 'channeled down.' In other words, they applied for high-level jobs like sales and promotions positions and were shunted to lower-level jobs such as busboys, runners, and dishwashers. White applicants who had a criminal record were also 'channeled down.'

Meanwhile, white applicants who had no criminal record were 'channeled up' -- in other words, offered positions that were higher-level than the positions they applied for.

A clear racial divide emerged. Black applicants were two thirds as successful as their Latino counterparts and only half as successful as white applicants.

This study -- and others like it -- suggests that racial barriers and stereotypes continue to play a profound and pervasive role in American society. From a policy perspective, it suggests that employers and lawmakers should pay extra attention to hidden biases to avoid unfair job channeling, discrimination, harassment, and retaliation.

If you or a colleague has been the victim of employment discrimination in New York or retaliation, the firm of Joseph, Herzfeld, Hester & Kirschenbaum LLP may be able to help. Dial us for a free consultation today at (866) 348 7394, or explore our free online resources at www.jhllp.com.

New York employment discrimination and retaliation cases drain millions of dollars and thousands of man-hours every year. What about the Big Apple makes some employees particularly vulnerable to being discriminated against on the job?

Here is some speculation:

1. To live well in New York City, one typically needs a lot of money.

New York City is notorious for being an incredibly expensive place to live -- particularly if you want to rent or buy in Manhattan or in the nicer neighborhoods of Brooklyn. Moreover, the city serves as the financial hub for the entire continent of North America.

With so much pressure to earn more, it's unsurprising that many workers "put up with" more discomforts and inconveniences than do their counterparts in Small Town USA.

2. Quality labor abounds.

Unlike in small towns, where good labor may be hard to come by, in New York City, great workers typically abound. When you feel like "just a number" -- and when your coworkers and bosses and clients see you as "just a number" as well -- this depersonalization sets the stage for sexual harassment, discrimination, and retaliation.

3. Company policies often confuse.

Different anti-discrimination and anti-harassment policies exist in different NY industries. If you switch companies (or divisions), you may have to adjust to new standards for what constitutes appropriate behavior, dress, and decorum. This buzzing confusion can lead to a misreading of signals and body language which in turn can lead to the committing of interpersonal offenses, including harassment and discrimination.

4. New York City's diversity has pluses and minuses.

For over a century, New York has constituted a melting pot. People from hundreds of different ethnicities mingle in the streets and work shoulder to shoulder. While this co-mingling no doubt diffuses certain racial and ethnic tensions, it also ironically has the capacity to increase tensions under certain circumstances and in the minds of some people.

Consider: Say your boss once had a terrible encounter with a Bangladeshi years ago on the NYC streets. If you also happen to be Bangladeshi, chances are that your boss may associate you with that sour encounter, and he may unconsciously thus become biased against you. This bias in turn can lead to racial discrimination.

5. The city can be difficult to navigate for older workers and disabled workers.

New York disability discrimination and age discrimination problems can emerge when a work environment presents physical challenges. A company that operates on the 11th floor of a building that has no elevator, for instance, may be loathe to hire a disabled worker who would otherwise be qualified, even if that decision violates the law. 

In other words, New York business owners and bosses can be tempted to subtly discriminate to gain what they might perceive to be a competitive edge.

6. The stress of the city can bleed into the workplace.

Honking taxicabs, smog, flashing billboards, and general hustle and bustle can raise cortisol levels and lead to more easily frayed nerves, which in turn can create conditions in which sexual harassment, discrimination, and retaliation can flourish.

For help dealing with your New York City employment discrimination situation, get in touch with the lawyers of Joseph, Herzfeld, Hester & Kirschenbaum LLP at once by dialing (866) 348-7394 or by checking out our online resources at www.jhllp.com.

An EEOC (Equal Employment Opportunity Commission) racial discrimination lawsuit leveled against the Albertsons grocery chain has resulted in an $8.9 million payout to nearly 170 Hispanic and African American plaintiffs who had alleged that they had been taunted based on their ethnicity and forced to look at racist graffiti plastered all over company restrooms.

All told, three lawsuits were leveled against the Denver based grocery chain. According to a December 16th AP article, the distribution of moneys will depend on the severity of the racial discrimination/retaliation, the number of years worked, and other factors. Payouts will range from $4,500 to hundreds of thousand of dollars.

The EEOC alleged that Albertsons supervisors not only did not stop the taunting or clean up the racially insensitive graffiti -- which included swastikas and comments about lynching -- but they also actively 'participated in it.' Although a spokesman for the company disputed many of the EEOC's allegations, the company opted to make the settlement 'to put an end to continued costly and disruptive litigation.'

Often, individuals who work in environments that are permissive of racial discrimination and harassment may not realize that they have resources to combat unfair practices and take legal action, if need be. If you or a friend, family member or co-worker has experienced discrimination similar to the discrimination alleged by the 168 Albertson plaintiffs, connect today with the firm of Joseph, Herzfeld, Hester & Kirschenbaum LLP at www.jhllp.com, or discuss your matter in confidence at (866) 348 7394.

While harassment and discrimination in New York workplaces can make the lives of city employees miserable, the Big Apple offers a slew of resources and solutions to aid workers and bosses alike in the ongoing quest for a stress-free, discrimination-free workplace. Here are some New York City specific resources and tools to combat discrimination, harassment, and retaliation on the job.

1. Ample free resources exist for members of the New York labor force. For instance, check out:

a. The New York Department of Labor's workforce website
b. The New York State's Workers' Compensation Board website
c. City service organizations -- including volunteer groups, non-profits, and religious groups -- also offer support, job placement help, and useful info.

2. The city boasts many laws designed to protect the rights of workers and to ensure that legal redress is possible. These include:

a. New York State Employment Safety and Security Act
b. Title 12 of the New York Codes, Rules and Regulations (NYCRR)

3. If you don't like your job, it is (relatively) easy to find a new one in the Big Apple.

New York City may have been slammed by the recent recession, but job opportunities in a wide variety of industries abound. Talk to an employment counselor to identify your career and financial objectives.

4. New York City boasts amenities to help people de-stress.

From four star gyms to superlative day spas to top notch executive career counseling, New York City has endless resources to help struggling workers relax, refocus, and re-engage. By taking advantage of these resources, employers and employees alike can reduce stress at the workplace and thus indirectly limit the number of sexual harassment, discrimination, and retaliation cases.

5. New York City has excellent legal help.

If you or a friend or coworker is struggling to deal with discrimination, harassment or retaliation at a New York City job, speak with the attorneys of Joseph, Herzfeld, Hester & Kirschenbaum LLP. Phone us for a free consultation at (866) 348-7394, or explore our many online resources at www.jhllp.com.