New York Employment Attorneys Blog

We mourn the loss of visionary Tim Costello, a man who had prescient knowledge and understanding of the needs of hourly-wage workers and those at the lower end of the earning scale, those with little power to oppose outsourcing of jobs to other countries and the use of temporary workers - practices that eliminated jobs and job benefits for many American workers. He helped found Global Labor Strategies, "which fostered cross-boarder alliances to fight to improve wages and working conditions in the face of downward pressures from companies moving jobs over seas." Mr. Costello also founded the North American Alliance for Fair Employment. Mr. Costello thought that "if you were on the left you will be working at it for the rest of your life, and you may not be successful, but it would be worth the effort." We are hopeful that others will step forward to fill the shoes of this exceptional advocate for the American worker.

Up and coming boxer Miguel Cotto accused of sexual harassment by a former employee, claiming she was fired after their relationship had ended: Lawsuit accuses Miguel Cotto of sexual harassment

Following the filing of a lawsuit by a former NY Post worker, Sandra Guzman, another employee has come forward to join the case against the News Corporation owned paper. The complaint, filed in November, repeats the allegations of rampant racism found in the the New York Post newsroom, and the permissive attitude towards damaging racist remarks, before and after the publication of the infamous "Chimp" cartoon.

The complaint addresses a number of situations where a black employee, Austin Fenner, a twenty-year news veteran, was fired after complaining about the cartoon. The firing occurred on the same day as the other employee, Sandra Guzman, was terminated following her complaints regarding racism. The complaint also alleges that Fenner was not allowed in the "whites only" newsroom, and was forced to work on assignments elsewhere.

If true, these allegations are troubling for the state of journalism at the New York Post. The pervasive, rampant racism claimed to be occurring should not be tolerated, especially by those entrusted to report the news.

A 17-year old Florida teen had tried to apply for a job at a Florida area McDonald's. Filling out the online application, the teen decided not to check a box for the sex area, as she is transgender.

Following up at the in person interview, Ms. Bellamy told the two managers that she was transgender. Following the interview, she received a voicemail from on of the managers claiming that she had lied to him, and that "McDonald's does hire [expletive].

The manager was fired following the release of the tape, which has the manager outright insulting this woman for trying to find a job at McDonald's, and that McDonald's would never hire someone like her.

Ms, Bellamy's case continues to garner attention in Florida and around the country. She has initiated a lawsuit under Florida law, which recognizes gender identity as a protected class concerning employment matters.

This also highlights the need for strong Federal protections against gender discrimination and transgender identity issues. Looking forward to the Employee Non-Discrimination Act, which would bring a number of protections to people such as Ms. Bellamy.

The original article can be found at the Consumerist-McDonald's Manager To Transgender Woman: We Don't Hire [Gay Slur]- , including a link to a video containing these comments from the manager, as well as links to the Transgender Legal Defense and Education Fund.

A New York City EMT is claiming that managers discriminated her against repeatedly after comments from supervisor were made, stating they made discriminatory statements about "you people" and "your people" in reference to African Americans.

The EMT also says she was denied a promotion in retaliation for complaining about such treatment, claiming managers said "this is what happens when you complain". The plaintiff was initially accepted for the promotion, which would amount to $7,000 dollars, and when she returned to work was informed that she would not receive the promotion.

The story, picked up by The New York Daily News - "EMT files race discrimination suit" is another troubling sign of discrimination and retaliation in the city. We at the Harman Firm would hope that a city with such a rich diversity as New York would encourage such discriminator behavior.

In a lawsuit filed today in Brooklyn by the EEOC, a large fish distributor has been accused of sexual and racial harassment. The suit alleges that the company, M. Slavin and Sons, subjected male black employees working on the overnight shift to constant sexual harassment, inappropriately touching and groping these employees, as well as putting fishhooks on or near employees' buttocks.

The behavior alleged is particularly troubling in that it claims that white managers and supervisors for the company carried out this behavior, and that it was usually at the expense of black employees, many of whom are recent immigrants.

The case is interesting in that it highlights difficulties faced by recent immigrants. Further, the concept of male on male sexual harassment does not nearly get the attention it deserves. Most individuals are quick to think of sexual harassment as a man harassing a woman, and the stereotyped power relationship that involves.

In this case, there is a new intersection of race and male sexual harassment, something which is increasingly occurring and rarely reported and brought to light.

Sexual harassment can, and often does, happen to men in the workplace. The stigma surrounding such acts should not be a reason why affected individuals do to come forward to report these violations of workers' rights.

Five Manhattan personal trainers employed at the Battery Park Swim and Fitness Club in Lower Manhattan have come forward alleging sexual harassment on the part of one their managers. The group claims that they were subjected to number of incidents, amounting to a pattern of sexual harassment and retaliation against female employees of the club.

The trainers claim that superiors ogled them, and that they would often snap female trainers bra straps.

When the women complained to HR at the club, they were rebuffed and no action was taken against the offending employees. Most strangely, the five trainers were fired one by one after their complaints were made known to human resources.

This blatant act of retaliation is absolutely incredible in these times. No worker should be silences for voicing their concerns over unfair treatment and sexual harassment in the workplace.

In a huge victory for Wal-Mart workers across Massachusetts, the retail giant has elected to settle a class action lawsuit brought by workers. The workers allege, among a list of violations, that Wal-Mart forced workers to work through breaks, did not pay workers overtime, and doctored pay cards to reduce workers salaries without their knowledge.

The settlement will amount to between 800 and 2000 for the workers affected, comprising a group of nearly 80,000 employees who worked at Wal-Mart's in Massachusetts between 1995 through 2005.

This settlement marks a victory for the workers of the company. Wal-Mart is no stranger to these sorts of cases, with a long history of taking advantage of their workers to drive down operating costs. Wal-Mart has long resisted paying their workers fair wages, and have broken up numerous efforts made by workers to organize themselves.

Wal-Mart and their dubious practices towards their employees have been in part thwarted this time. Part of the stipulation of settlement states that neither party comment on the matter further, not allowing for the parties to disclose exactly what happened to bring Wal-Mart to settle.

We here at the Harman Firm encourage any workers, especially those who are employed with Wal-Mart, to examine their practices towards workers before making buying decisions. Companies who repeatedly harass and take advantage of those who can afford it the least are not deserving of your money.

At a conference held today, November 19th by the New York City council addressed the growing complaints of sexual harassment on crowded subway cars throughout the city. Using information gathered from the NYPD and the Metropolitan Transit Authority, the conference drew attention to this increasingly disturbing trend of women being sexually harassed on subway cars.

The report claimed that most complaints result from riders on crowded, rush hour subway cars. In particular, the reports singled out the 4 5 6 line running between Union Square and Grand Central station as an area of concern. The conference drew a number of politicians and City officials taking a hard stand against this harassment, which often takes the form of touching, lewd gesturing, ogling, or threats, usually coming from men and directed at women.

James P. Hall, a representative of the NYPD's Transit Police fore stated that subway sexual harassment is the "No. 1 quality of life offense on the subway", while Darlene Mealy from the Women's Issues Committee stated that riders should "not take [sexual harassment] as social behaviors that have to be condoned."

While complaints are up from years past, the reports stated that these figures are likely to be under representative of the larger problem of harassment on subways, with victims not always coming forward to complain, and that crowded trains often make it difficult to figure out exactly what is going on, and who is carrying out the harassment.

While the complaints highlight growing intolerance for such behavior, coupled with a subway information campaign alerting riders to report any instances of sexual harassment, the report called for a greater policing of these incidents on the subways and to punish offenders. Arrest records from subway sexual harassment cases showed that of the 412 individuals arrested, 71 had previous records for sexual assault.

The article also talks about new forms of enforcement. Police are informing individuals to get cell phone camera pictures of the individuals in question to aid in identification. The police can then use these pictures to help locate and arrest offenders, a tactic that has had success in past events.

As the ads state, a crowded car is not an excuse for sexual harassment. If you are being harassed on a train car, speak up and let the car know of the offending behavior, and try to notify the police as soon as possible. As more individuals report these events, it will hopefully be harder for offenders to carry out such egregious and illegal behavior.