1. On discrimination based on classes:

Employers may not hire or fire individuals -- or assign work projects, salary/benefits, and so forth -- based upon a number of criteria, including:

• Citizenship status
• National origin
• Creed
• Color
• Race
• Age
• Sexual orientation
• Marital status
• Physical/mental disability
• Arrest record
• Victim status (of offenses such as violence and stalking)

2. On disability discrimination in NY:

The City Human Rights Law of New York requires employers to provide 'reasonable accommodation' for workers who have medical, mental, or physical impairments or a history of said impairments. To provide accommodation, employers must modify job schedules, restructure positions to accommodate for disabilities, provide interpreters and readers, and modify, adjust or acquire certain devices and training procedures.

3. On reasonable accommodations required for the religiously observant:

Bosses and managers must make 'reasonable accommodation' for people who are religiously inclined. For instance, if a religious person requires time off for the Sabbath, his employer should accommodate said request in general. But the law does not require the employer to pay for time off; and you may have to make up the time later on.

4. On sexual harassment in New York:

Sexual harassment is gender discrimination that includes unwelcome physical or verbal conduct of a sexual nature. For instance, if a boss requests that you perform a sexual favor in exchange for a promotion or job assignment, that would be considered sexual harassment under the law. Similarly, if pervasive taunts prevent you from doing your job, this could constitute actionable harassment.

5. On retaliation:

Employers who lash out against employees who complain about harassment, discrimination, and other workplace problems can be punished for retaliation. Even if your allegations of impropriety get dismissed, as long as you had a good faith belief that a discriminatory practice had been going on, your employer cannot retaliate against you.

Could the New York City Human Rights Law apply to your workplace problem? For quality guidance from some of the top anti-discrimination and harassment attorneys in the nation, call (866) 348 7394 to speak with counsel at Joseph, Herzfeld, Hester & Kirschenbaum LLP. Find out more about our credentials at www.jhllp.com.

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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.

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.

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.

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.

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.

1. The Age Discrimination in Employment Act of 1967 -- also known as the ADEA, this law shields employees and job applicants aged 40 years old and older from being discriminated against in "hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment." Not all applicants or employees are protected by this act. The Equal Employment Opportunity Commission (EEOC), a federal agency, oversees enforcement of the ADEA.
2. The Age Discrimination Act of 1975 -- outlaws discrimination 'on the basis of age in programs and activities receiving federal financial assistance.' It applies to people of all ages and does allow certain distinctions and 'factors other than age' to be used to make decisions. The Civil Rights Center enforces this act.
3. The Older Workers Benefit Protection Act of 1990 -- This changed the ADEA to bar employers from refusing to pay out benefits to certain older workers.
4. Three key federal regulations also often have bearing on age discrimination cases, according to the Department of Labor's website. These include:
• 29 CFR Part 37: This governs 'the implementation of the non discrimination and equal opportunity provisions of the workforce investment act'
• 27 CFR Part 1625: This interprets aspects of the ADEA.
• 29 CFR Part 1626: This discusses the procedures that govern the Age Discrimination Act of 1975.

Other key points:

• In general, an employer may not use age limitations or preferences in advertisements unless there are so called "bona fide occupational qualifications."

• Employers may ask a job applicant for his or her age or date of birth, but he or she can only do so for purposes that are not prohibited by the Age Discrimination in Employment Act.

• Employees may waive rights to claims under this Act, but the terms of such waivers are strict. For instance, the waiver has to be in writing, and it must be 'in exchange for valuable consideration.'

• Employers may not retaliate against employees: for filing an age discrimination complaint; for testifying on behalf of another employee in an ADEA case; or for helping out with an investigation or with litigation pursuant to the ADEA.

For legal help with your age discrimination, harassment, or retaliation case, connect with the attorneys here at Joseph, Herzfeld, Hester, and Kirschenbaum. Our highly credentialed and results-oriented team can provide a free, no obligation consultation regarding your matter. Phone us now at (866) 348-7394, or explore our resources, philosophy, and process at www.jhllp.com.

Although progressive activists in California and Utah alike hailed the Church's support of these anti-discrimination measures, some have wondered whether the shifting stance reflects a change of a philosophy or a calculated political decision designed to appease moderates who were turned off by the Church's anti-gay marriage crusade in 2008.

The ordinance only applies to Salt Lake City -- and not to the state of Utah as a whole -- but it reflects similar ordinances passed in dozens of cities across the nation. It may portend a growing intolerance of discrimination towards gays, lesbians, bisexuals, and transgendered individuals. The ordinance will go into effect in April 2010.

Likely, the Church's decision reflects a kind of split thinking that many conservatives have about the subject of equality for people of different sexual orientations. On the one hand, the LDS and other conservative groups remain unified in their opposition to gay marriage: witness the recent defeat of a pro gay marriage bill in Maine in the November 2009 elections, and consider the Church's statement reaffirming its commitment to 'defending the bedrock foundation of marriage between a man and a woman.'

On the other hand, there simultaneously appears to be a trend towards recognizing the unfairness of employment, harassment and housing discrimination against gays and lesbians. How this cognitive dissonance plays out remains to be seen.

If you believe that you or a friend or a loved one has been the victim of discrimination based on sexual orientation, the attorneys here at Joseph, Herzfeld, Hester, and Kirschenbaum can help. Connect with our legal associates right now by dialing (866) 348-7394, or learn more about our firm at www.jhllp.com.

1. Distributing workload unfairly among employees. Favoritism can leave 'unfavored' workers feeling frustrated, out of the loop, and marginalized. Conversely, a favored employee may likewise feel uncomfortable, particularly if the favoritism could be construed as unwanted flirtation.

2. Not respecting the privacy of employees. For a good primer about how NOT to behave as a manager of a small business, watch the antics of the fictional employer Michael Scott on NBC's The Office. Scott regularly engages in behaviors that would - in the real world - be construed as creating a hostile work environment.

3. Failing to document events. If an employee complains to you about the behavior of a colleague, for instance, take notes and keep these notes on file. If you are confused about how to process a complaint, contact your human resources department or even a government agency such as the EEOC. By keeping careful track of complaints and official company responses, you can hopefully resolve employee issues faster and more efficiently and thus protect everyone's rights.

4. Maintaining a biased promotion and firing policy. Whether the economy expands or contracts, employers must constantly reshuffle their human resources decks. To avoid giving the appearance of impropriety to any hiring or firing decision, maintain clear, realistic, and legal policies regarding your HR decisions. Your employees should understand your decision-making criteria. Above all, practice empathy!

5. Failing to pay attention to the demeanor of employees and to the general attitude of your workers. Gauge the esprit d'corps of your employees carefully and methodically. If even one person on your team seems uncomfortable, investigate carefully and mindfully. Be on the look out for signs of bullying, intimidation, inappropriate humor, and illegal behaviors (like drug use at work).

6. Allowing the office to get messy. A work environment that's not clean, tidy and attractive can corrode morale. This can create stresses between co-workers and even contaminate relationships with clients. Ensure that the physical space in which you and your employees inhabit meets strong standards of hygiene.

For help assessing whether you may have a legally actionable employment discrimination, harassment, or retaliation case, talk to the accomplished lawyers here at Joseph, Herzfeld, Hester & Kirschenbaum at (866) 348-7394 (you can also find out more at www.jhllp.com). Our expert litigators can help you determine your next actions. Call today to get the help you deserve.

Federal law prohibits discrimination based on a variety of factors, including religion, race, sex, national origin, age, and sexual orientation. However, the law does not prohibit all forms of unpleasant behavior or speech. For instance, the annoying contact has to be 'pervasive' and it has to be significant enough to be construed as creating a hostile work environment.

What kinds of actions might be impermissible?

• Coworker repeatedly sends you sexually suggestive emails or pictures after you've requested him to stop.
• New boss makes racist or sexist remarks to subordinates; and uses "loaded" terms to describe someone's ethnicity, gender identity or ancestry.
• A coworker inappropriately touches or threatens to touch you.

Isolated incidents may not be actionable. Not all teasing will be considered harassment. Certain casual but offensive comments -- which are not intended to be heard by others -- may also not be actionable. Private remarks made on blogs or on social network sites like MySpace and Facebook may or may not constitute a problem.

Legal scholars hotly debate many of these issues. At precisely what point do free speech and privacy rights trump the rights of employees to work in an environment free of teasing, tormenting, and gossip?

Harassing contact must be 'unwelcomed.' For instance, if your boss flirts with you; and you respond by returning the flirtation and perhaps even initiating a relationship, that may not be considered harassment, although the legal issues that can crop up when a boss and subordinate start dating can get quite complicated.

If you or a family member or friend has been victimized by harassment, discrimination, retaliation, or other problems stemming from a hostile work environment, and you want sound advice about whether or not legal action may be a solid option, connect today with the attorneys here at Joseph, Herzfeld, Hester & Kirschenbaum. Your consultation with us is free and confidential, and you can call us any time at our toll free hotline, (866) 348-7394, or visit us online at www.jhllp.com.

When job hunting, watch for the following red flags that could indicate a less than harmonious working environment.

1. Sloppy office/ poorly maintained premises. As the adage goes, a picture is worth a thousand words. If a place of potential employment is a pigsty beset by hazards such as litter, slippery floors, or even just a permeating bad smell, trust your gut and get out of there!

2. Erratic, depressed, or anxious feeling pervading workplace. Do the people in the office seem excited and energized to be there? Or do they appear anxious, depressed, extremely stressed out, fatigued, or crabby? Obviously, everyone has good and bad days - and this is true for highly functional offices as well. But the mood of a place of business can give you strong hints about its managerial practices.

3. Public complaints about the business. Obviously, not every "sour grapes" story you hear through the grapevine is true. But if you note a pattern among complaints - particularly if they relate to a boss you may have to work for - pay attention.

4. Past employees/ associates speak badly about their experiences. Ex-employees/associates can offer a solid, candid perspective on a business. Be aware, however, that many factors can influence job satisfaction -- including personal factors that can unfairly color perspective.

5. The company has been accused in the past of creating or abiding a hostile work environment. You can consult the Equal Employment Opportunity Commission for information about certain past hostile workplace complaints.

6. Boss is demanding - even before you begin to work there. If you interview with a potential superior and that person begins grilling you and treating you like you are already a subordinate, this could indicate that your future boss might be a control freak.

If, however, you're already in an undesirable workplace situation, get help navigating the complex legal issues concerning employment discrimination, hostile work environments, discrimination, harassment, or retaliation. Turn to the experts here at Joseph, Herzfeld, Hester & Kirschenbaum. Our renowned and reputable lawyers have demonstrated success time and gain - and we can provide a free, no obligation consultation regarding your workplace issues. Call us or email us now.

According to the lawsuit, which was filed in District Court in Oregon by the U.S Equal Employment Opportunity Commission (EEOC), Cascade Foods violated Title VII of the Civil Rights Act of 1964 by punishing the woman for protesting the workplace harassment of a former boyfriend. The claimant had obtained a police restraining order against the ex-boyfriend, after he allegedly assaulted and threatened her.

As a result of the restraining order, the boyfriend could no longer work at Cascade Foods. Apparently, company higher-ups (for some reason) were desperate to hold on to this worker. They thus urged the female employee to change her hard-won restraining order to allow the boyfriend to continue working at the company. She refused. And then the company fired her.

If these allegations are true, management at the company clearly committed illegal and egregious insults against this woman. The EEOC is seeking a range of remedies, including damages, lost wages, and mandatory company anti-discrimination training.

Unfortunately, when office romances go south, legal and logistical problems often soon follow. If you or a coworker has been subjected to unwanted sexual advances, harassment, or retaliation for making complaints about violations of your workplace rights, turn to the attorneys of Joseph, Herzfeld, Hester & Kirschenbaum. We can provide resources to help you systematically deal with every aspect of your case, and our experience and track record speak for themselves. Head to www.jhllp.com to find out more about our legal team, or phone (866) 348-7394 right now to discuss your critical matter with our expert lawyers.

In the June ruling -- decided by a razor thin 5-4 margin -- the Supreme Court ruled that age discrimination claimants must meet a higher burden of proof than had been required. Previously, if a claimant could demonstrate that his or her age had been a factor in a firing or demotion, then the burden was on the employer to prove that age bias wasn't the only factor in the decision.

Writing for the majority, Justice Clarence Thomas argued that Congress had never explicitly eased the burdens of plaintiffs in cases involving the Age Discrimination and Employment Act, even though Congress HAD done so with respect to other kinds of employment discrimination cases. Therefore, reasoned the majority, the ruling to expand the burden of plaintiffs in these kinds of cases could be justified, since it did not explicitly violate the intent of lawmakers. (The Democratic committee chairmen pushing the current bill have vehemently disputed this argument.)

This epic battle between branches of government over age discrimination cases comes at a pivotal time -- age bias cases soared nearly 30 percent last year over 2007 numbers.

If you, a relative, or a coworker has been the victim of age discrimination, harassment, or retaliation at the workplace, connect with the lawyers at Joseph, Herzfeld, Hester & Kirschenbaum today for a free consultation regarding your rights and possibilities for legal remedies. Call (866) 348-7394 today: it's free and confidential. Or, to learn more about what sets our firm apart, visit www.jhllp.com.

According to a Chicago area EEOC spokesperson, the company failed to "provide Bava with a reasonable accommodation which would have put him back to work and, instead, fired him when his leave expired." The EEOC also alleged that Sears had mismanaged other employee leave cases, providing little leeway for injured workers to return to work -- in direct violation of the ADA (Americans with Disabilities Act). Pursuant to the consent decree that Sears approved, the company will overhaul its workers' compensation policies, train staff to ensure that employees adhere closely to stipulations of the ADA, and keep the EEOC appraised in writing of all company workers' compensation cases.

Disability discrimination is an insidious type of labor rights violation. When injured workers are terminated illegally and/or denied proper wages, benefits, and opportunities to work, they often lack other ready avenues to bring in income. If you or a family member has been the victim of disability discrimination or retaliation, the firm of Joseph, Herzfeld, Hester & Kirschenbaum is here to help. Discover how at www.jhllp.com, or dial (866) 348-7394 today to speak with a compassionate member of our team for free (and at no obligation) about your situation.

The main complainant, Aimee Doneyhue, had been working in a Columbus, Ohio branch of J.P Morgan. She contacted the EEOC to complain about her company's "sexually hostile" culture and further charged that the bank did not allocate salary payments, commissions and bonuses fairly among men and women. Subsequently, according to the allegation, when Doneyhue's superiors learned about her complaint, they fired her in retaliation, calling her an "idiot." The EEOC seeks a range of damages and remedies from J.P Morgan Chase, including punitive payouts, back pay, and a change in the culture at the company.

If you or a coworker has been subjected to gender discrimination, sexual harassment, or retaliation, it may behoove you to speak with the veteran attorneys of Joseph, Herzfeld, Hester & Kirschenbaum about possible solutions. Dial us at any time at (866) 348-7394 for a free, no obligation consultation, or find out more about the firm's history and philosophy at www.jhllp.com.