Your Fair Labor Standards Act (FLSA) Settlement Isn’t Done Until a Judge Says So; Here’s What That Means

Midsection of judge writing on paper at table in courtroom

3 Key Takeaways

  1. Under the Fair Labor Standards Act (FLSA), courts must approve most settlements — but a landmark Second Circuit ruling confirmed that judges cannot rewrite the terms of a deal the parties already agreed to.

  2. There is no legal cap on attorney's fees in FLSA cases. Courts evaluate reasonableness using the lodestar method, and blanket percentage caps imposed by judges are not permitted.

  3. Broad settlement releases that try to waive claims beyond what was actually negotiated can be rejected — courts look closely at whether the settlement reflects a genuine dispute, not just an employer pressuring an employee to sign away their rights.

What the court has to say; post settlement

When a wage and hour case settles, most people assume the hard part is over. Both sides agreed, the client signed off, and the numbers are set. But under the FLSA, a judge still has to approve the deal — and that approval process raises real questions about how much say a court should have over terms the parties already agreed to.

Why FLSA settlements require court approval

The FLSA is a protective statute. Congress wrote it to safeguard workers from being pressured into waiving their wage rights, and the courts have taken that seriously. The foundational rule, established in Lynn's Food Stores v. United States (1982), is that FLSA settlements must either be approved by a court or supervised by the Department of Labor (DOL). Private settlements that bypass both of those routes generally aren't enforceable.

The Second Circuit, which covers New York, reinforced this in Cheeks v. Freeport Pancake House (2015), holding that parties can't use procedural shortcuts to avoid judicial review. Even a voluntary dismissal can't be used to sidestep the approval requirement if it's really just a private settlement in disguise.

There is one notable exception: if a defendant makes a Rule 68 offer of judgment (Rule 68 normally penalizes a plaintiff who rejects a settlement offer and then recovers less than that offered at trial, by shifting post-offer costs onto the plaintiff) and the plaintiff accepts, the Second Circuit has held that formal court approval isn't required — distinguishing that scenario from the stipulated dismissal situation Cheeks addressed.

What judges can and can't do

Here's where it gets important. In Fisher v. SD Protection Inc. (2020), the Second Circuit drew a clear line. A district court judge had rejected a settlement and restructured the payout, cutting the attorney's fees from $23,000 to $8,250 and increasing the plaintiff's share accordingly. The Second Circuit reversed, holding that while judges can reject a settlement, they cannot rewrite it.

That distinction matters in practice. A court that disagrees with how the money is divided can say no and send the parties back to the negotiating table. But it can't substitute its own preferred numbers for those the parties agreed to. As the Second Circuit confirmed, there is also no explicit legal cap on attorney's fees in FLSA cases, judges cannot impose a percentage ceiling as a matter of routine practice.

How attorney's fees are evaluated

When attorney's fees are included in a settlement, courts evaluate their reasonableness before approving the deal. The standard method is the lodestar: a reasonable hourly rate for the market, multiplied by the reasonable number of hours spent on the case. That calculation creates a presumptively reasonable fee.

Even when a fee is structured as a percentage of the total recovery, courts will typically run a lodestar cross-check to validate the result. Proper documentation supporting the hours and rates claimed is required — vague or unsupported fee requests won't hold up.

One thing the FLSA does not cover: expert fees. The statute's fee-shifting provision doesn't authorize recovery of expert costs beyond standard witness and travel allowances.

Broad releases and what courts reject

Judicial scrutiny doesn't stop at the fee calculation. Courts also look carefully at the scope of any release included in a settlement. A broad general release that purports to waive all possible claims, including FLSA claims that were never discussed or negotiated, can be rejected as inconsistent with the statute's protective purpose.

For a settlement to be approved, the record needs to show that the specific FLSA claim was actually at the center of the negotiation. If there's no evidence of a genuine dispute over wages, hours, or overtime, the settlement doesn't reflect the kind of compromise the law is designed to protect, and a judge can and will say no.

What this means for workers

If you're an employee who's owed unpaid wages or overtime, these rules exist to protect you. The approval process is designed to make sure you're not being pressured into settling for less than you're owed or signing away rights you didn't even know you had.

If your employer is asking you to settle a wage claim, or if you believe you've been underpaid, reach out to our team to understand what a fair resolution actually looks like.

What the Bostock v. Clayton County Decision Means for LGBTQ+ Workers

The Statue of Justice - lady justice or Iustitia / Justitia the Roman goddess of Justice

3 Key Takeaways

  1. In a landmark 2020 ruling, the U.S. Supreme Court confirmed that Title VII of the Civil Rights Act of 1964 protects gay and transgender employees from workplace discrimination.

  2. The decision makes clear that firing someone because of their sexual orientation or gender identity is a form of sex discrimination, and is illegal under federal law.

  3. If you've been treated unfairly at work because of who you are, you have rights, and an experienced employment attorney can help you understand your options.

A Supreme Court decision that changed workplace protections forever

If you're an LGBTQ+ worker, or you know someone who is, the Supreme Court's 2020 ruling in Bostock v. Clayton County is one of the most important employment law decisions in recent history. It settled a long-running legal debate and made one thing very clear: your employer cannot fire you simply because you are gay or transgender.

How this case came to the Supreme Court

Bostock actually combines three separate cases, each involving a worker who was fired after their employer learned they were gay or transgender:

  • Gerald Bostock was fired from his child welfare coordinator job shortly after joining a gay recreational softball league.
  • Donald Zarda, a skydiving instructor, was let go days after mentioning he was gay to a client.
  • Aimee Stephens, a funeral home employee, was fired after informing her employer that she was transgender and would be presenting as a woman at work.

In each case, the employers openly admitted they fired these workers because of their sexual orientation or gender identity — they argued it was legal to do so under federal law. The Supreme Court took up the cases to settle the question once and for all.

What the court decided — and why it matters

In a 6-3 decision, the Court ruled that Title VII of the Civil Rights Act — which prohibits employment discrimination "because of sex" — also covers discrimination based on sexual orientation and gender identity.

The reasoning is straightforward: It is impossible to treat an employee differently because they are gay or transgender without also treating them differently because of their sex. For example, if a male employee is fired for being attracted to men, but a female employee who is also attracted to men keeps her job, the male employee has been treated worse specifically because of his sex. That is textbook sex discrimination.

The ruling applies to all employers covered by Title VII; that means any company with 15 or more employees, across the entire country.

What this means if you've experienced discrimination

Before Bostock, the legal landscape was a patchwork, some courts recognized protections for LGBTQ+ workers, others didn't. This decision closed that gap at the federal level. Whether you work in New York or Georgia, Title VII now protects you.

In practical terms, this means your employer cannot legally:

  • Fire you because you are gay, lesbian, bisexual, or transgender.
  • Demote you, cut your pay, or pass you over for promotions for the same reasons.
  • Subject you to a hostile work environment based on your sexual orientation or gender identity.

New York workers also have additional protections under the New York State Human Rights Law, which applies to employers with as few as four employees and has long prohibited discrimination based on sexual orientation and gender identity.

Your identity is not grounds for termination

If you believe you've been treated unfairly at work because of your sexual orientation or gender identity, you don't have to figure out your next steps alone. The team at Valli Kane & Vagnini is here to help you understand your rights and what options are available to you. Reach out to us today for a confidential case evaluation.

What to Expect When Mediating an Employment Discrimination Claim

3 Key Takeaways

  1. Mediation is a voluntary, confidential alternative to going to court, and it can resolve your claim faster and with far less stress.

  2. The Equal Employment Opportunity Commission (EEOC) offers a free mediation program that resolves thousands of workplace discrimination claims each year.

  3. Having an attorney with you during mediation is just as important as having one at trial, any agreement reached is legally binding.

Going to court isn't your only option

If you've experienced workplace discrimination, the idea of a long, public court battle can feel overwhelming, on top of everything else you're already dealing with. The good news is that many employment discrimination claims never see the inside of a courtroom. Mediation offers a real path to resolution that can save you time, protect your privacy, and give you more control over the outcome.

So what exactly is mediation?

Think of mediation as a structured conversation. Both you and your employer sit down with a neutral third party — the mediator — whose job is to help guide the two sides toward a mutual agreement. Nobody is forced to accept anything; it's a completely voluntary process. But when it works, it works well: the agreement you reach is legally binding, carrying the same weight as a court judgment.

Mediation is especially common in employment discrimination cases filed through the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces workplace discrimination laws. The EEOC has its own free mediation program and handles thousands of cases through it every year.

How the EEOC mediation process works

Once you file a charge of discrimination with the EEOC, they may select your case for their mediation program. If both sides agree to participate, the EEOC sets up sessions at a time and location that works for everyone. The mediator keeps things moving but doesn't make decisions, that's entirely up to you and your employer.

If you reach an agreement, it gets put in writing and becomes enforceable. If mediation doesn't produce a resolution, your case simply continues through the normal EEOC process, so you haven't lost anything by trying.

Why people choose mediation over litigation

There are some real advantages to going the mediation route, especially for employment discrimination claims:

  • It's faster: Litigation can drag on for years. Mediation often wraps up in a matter of weeks or months.
  • It's private: Court proceedings are public record. Mediation is confidential, so sensitive details about your workplace situation stay between the parties involved.
  • It's less adversarial: Court can feel like a battle. Mediation encourages problem-solving and can lead to outcomes — like a job reinstatement or a policy change — that a court might not order.
  • It costs less: Legal fees add up quickly in litigation. A faster process typically means lower costs for everyone.

You still need an attorney, here's why

Some people assume mediation is informal enough that they don't need legal representation. That's a mistake. Because a mediated agreement is legally binding, you want someone in your corner who understands exactly what you're agreeing to and what rights you may be giving up.

An experienced employment attorney can help you evaluate whether mediation is the right move in the first place, prepare you for what to expect, and make sure any agreement actually serves your best interests — not just your employer's. Going in without that support puts you at a significant disadvantage.

Not sure where to start?

Whether you're weighing mediation or exploring other options, our team at Valli Kane & Vagnini is here to help you understand your rights and figure out the path that makes the most sense for your situation. We've guided clients through every stage of the employment discrimination process, from that first conversation to final resolution. Reach out to us today to talk through where you stand.

Understanding New York City Sick Leave Laws in 2026

3 Key Takeaways

  1. Most employees who regularly work in New York City are entitled to safe and sick leave protections under city and state law.

  2. The amount of paid or unpaid leave available depends on an employer's size and, in some cases, annual income.

  3. Recent updates have expanded employee protections, including additional leave benefits and stronger notice requirements for employers.

What New York City workers should know about sick leave

When you're dealing with an illness, caring for a family member, or navigating a difficult personal situation, taking time away from work shouldn't add unnecessary stress. New York City's Earned Safe and Sick Time Act (ESSTA) gives many employees the ability to take protected leave while helping ensure they can prioritize their health and well-being.

Understanding how these laws work can help you feel more confident about your rights and what you may be entitled to if you work in New York City.

Who is covered by New York City's sick leave law?

The Earned Safe and Sick Time Act (ESSTA) applies to most private employers in New York City, including nonprofits, small businesses, and employers of domestic workers.

Covered employees may include:

  • Full-time employees
  • Part-time employees
  • Temporary employees
  • Seasonal employees
  • Per diem employees
  • On-call workers
  • Domestic workers
  • Undocumented workers

Employees who live outside New York City may still be covered if they regularly perform work within the city.

Some individuals are not covered by the law, including certain government employees, independent contractors, students participating in federal work-study programs, and certain workers covered by collective bargaining agreements that provide comparable benefits.

For additional information about employee leave rights, visit the NYC Department of Consumer and Worker Protection.

How safe and sick leave is earned

Employees accrue safe and sick leave at a rate of one hour for every 30 hours worked, beginning at the start of employment.

The amount of leave available depends on employer size:

  • Employers with 100 or more employees must provide up to 56 hours of paid leave annually.
  • Employers with 5 to 99 employees must provide up to 40 hours of paid leave annually.
  • Employers with four or fewer employees must provide up to 40 hours of unpaid leave unless the employer's net income exceeds $1 million, in which case the leave must be paid.

Unused accrued leave generally carries over from year to year, although employers may limit how much leave can be used annually based on applicable legal limits.

When can safe and sick leave be used?

Safe and sick leave may be used for a variety of personal and family needs.

Employees may use leave if they have been affected by:

  • Mental or physical illness, injury, or health conditions
  • Medical diagnosis, treatment, or preventive care
  • Caring for a family member with a health condition
  • Workplace or school closures related to a public health emergency
  • Circumstances involving domestic violence
  • Sexual offenses
  • Stalking
  • Human trafficking

These protections are designed to help workers address important health and safety concerns without fear of losing their job.

You can learn more about employee protections through the U.S. Department of Labor.

New leave requirements taking effect in 2026

As of February 22, 2026, New York City employers must provide additional leave benefits.

These include:

  • 32 hours of unpaid safe and sick leave that is immediately available at the start of employment
  • 20 hours of paid prenatal leave each year

Unlike accrued safe and sick leave, the 32 hours of unpaid leave available at the beginning of employment does not carry over into the next benefit year.

Notice requirements employers must follow

Employers are required to provide written notice explaining employee rights under the Earned Safe and Sick Time Act (ESSTA) when employment begins.

The notice must explain:

  • How leave is accrued
  • How leave may be used
  • Protection against retaliation
  • The right to file a complaint with the Department of Consumer and Worker Protection

Employers must also provide leave balance information each pay period, either on pay statements or through other written documentation.

Additionally, notices must be provided in English and in an employee's primary language when a translation is available.

Important rules employees should know

There are several additional protections and limitations under New York City's leave laws:

  • Employees who work remotely from outside New York City generally are not covered unless they regularly perform work within the city.
  • Employers may establish a minimum increment for leave usage, but it cannot exceed four hours.
  • Employers that fail to provide required notices may face civil penalties.

Understanding these details can help employees recognize when their rights may not be fully respected.

For a deeper look at how federal and state leave laws interact, the NYC Workers' Rights page provides additional guidance on your options.

Understanding your rights and next steps

New York City's safe and sick leave laws provide important protections for workers facing health challenges, family responsibilities, and difficult personal circumstances. Knowing how leave is earned, when it can be used, and what obligations employers must meet can help you make informed decisions if questions arise in your workplace.

If you're concerned that your employer may not be complying with New York City's sick leave requirements or you're unsure how these laws apply to your situation, contact us at VKV. We're here to help you understand your rights and explore your options.

How to Prepare a Strong Discrimination Claim Against Your Employer

3 Key Takeaways

  1. Workplace discrimination is illegal under both federal and New York State law, and you have protected rights whether you’re currently employed, job hunting, or have already been let go.

  2. Documentation is your most powerful tool: The earlier you start keeping records, the stronger your case will be.

  3. Time limits for filing a discrimination claim are real and strict, speaking with an employment attorney as soon as possible can make all the difference.

What you should do if you think you’re facing discrimination at work

If something feels wrong at work, if you’re being treated differently, passed over, or pushed out based on who you are, you don’t have to just accept it. Workplace discrimination is illegal, and you have real options. This guide walks you through exactly what to do to protect yourself and build the strongest case possible.

Know your rights: Who is protected and from what

Under federal and New York State law, employees and job applicants are protected from discrimination based on specific “protected characteristics.” These include:

  • Race, color, and national origin
  • Sex, including sexual orientation and gender identity
  • Pregnancy, childbirth, and related medical conditions
  • Religion
  • Age
  • Disability
  • Genetic information

One important note on age: The federal Age Discrimination in Employment Act (ADEA) protects workers who are 40 or older. But in New York, the protection is broader; New York State’s age discrimination law covers workers 18 and older.

These protections apply across nearly every aspect of employment, including hiring, firing, pay, promotions, job assignments, training, and other terms and conditions of work. You are also protected from retaliation if you report discrimination or cooperate with a discrimination investigation.

Start documenting right away

If you believe you’re experiencing discrimination, documentation is your most important tool, and the sooner you start, the better. Here’s what to keep track of:

  • Emails, texts, memos, or any written communications related to the incidents
  • Detailed notes about verbal conversations: dates, times, locations, exactly what was said, and who else was present
  • Any performance reviews, commendations, or records that demonstrate you were meeting or exceeding expectations
  • A running log of each discriminatory incident as it happens, with as much detail as possible

Keep in mind that recording laws and company policies vary by state, so be mindful of what’s permitted where you are. When in doubt, stick to documenting your own observations and communications you’re already a part of.

Report it — in writing

Once you’ve started documenting, report the discrimination through your company’s official channels — whether that’s your supervisor, Human Resources (HR) department, or an ethics or compliance hotline. The key here is to do it in writing, even if the company’s process allows for verbal reporting. A written report creates a paper trail and establishes that your employer was notified.

Hold on to copies of everything you submit and any responses you receive. If the behavior continues after you’ve reported it — or if you face any pushback or retaliation for speaking up — document that too.

Understand the filing deadlines

This is one area where many people run into trouble without realizing it: There are strict time limits for filing a workplace discrimination claim. Under federal law, you generally have 180 to 300 days from the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC). New York State has its own deadlines as well.

The EEOC’s filing process outlines your options step by step. Missing these windows can affect your ability to pursue a legal claim, which is why it’s so important to act quickly and not wait to see if things improve on their own.

Talk to an employment attorney

You don’t have to figure this out alone, and honestly, you shouldn’t try to. An employment attorney can review your situation, tell you which laws apply, help you avoid common missteps, and make sure you meet all the necessary deadlines. Even a single consultation early on can give you a much clearer picture of where you stand and what your options are.

This is especially important if your employer is already taking steps against you — like putting you on a performance improvement plan, reducing your hours, or creating conditions that make your job harder. These can sometimes be signs of retaliation, and a lawyer can help you recognize and respond to them.

Take care of yourself, too

Dealing with discrimination at work is genuinely hard. It can affect your confidence, your focus, and your sense of security. Lean on the people you trust, whether that’s friends, family, or a mental health professional. Taking care of yourself through this process isn’t a distraction from your case, it’s part of getting through it.

You have more support than you might think

Workplace discrimination can feel isolating, but the law is on your side — and so are the people at Valli Kane & Vagnini. If you believe you’re being discriminated against at work, reach out to our team at VKV. We’ll listen, walk you through your rights, and help you decide on the best path forward.

Discrimination in Housing: Persistent Challenges and Legal Remedies

3 Key Takeaways

  1. Housing discrimination is illegal under both federal and New York law — and it takes many forms beyond the most obvious ones, including refusing housing vouchers, inaccessible building design, and discriminatory transfer programs.

  2. The federal Fair Housing Act (FHA) protects seven categories, but New York City and State extend those protections further, covering source of income, sexual orientation, immigration status, and more.

  3. If you’ve been treated unfairly when trying to rent, buy, or keep your home, you may have real legal options, and knowing where to start makes all the difference.

Housing discrimination is more common than you might think

Finding a safe, stable place to live is one of the most fundamental things we all need — which is exactly why housing discrimination hits so hard. Despite decades of legal protections, discriminatory practices in renting, buying, and accessing housing remain a very real challenge for many New Yorkers. Whether it’s a landlord refusing to accept a housing voucher, a building that’s inaccessible to someone with a disability, or a government program that disproportionately harms communities of color, these are not just inconveniences — they’re violations of the law. Here’s what you need to know.

What the law protects you from

The foundation of housing discrimination law is the Fair Housing Act, part of the Civil Rights Act of 1968. It prohibits discrimination in the sale, rental, and financing of housing based on seven federally protected categories: race, color, religion, national origin, sex, disability, and familial status (meaning households with children under 18).

But in New York City and New York State, those protections go significantly further. Additional protected categories include:

Lawful source of income (including housing vouchers and public assistance)

Sexual orientation and gender identity

Immigration status

Marital status

Age and other characteristics covered under the NYC Human Rights Law (NYCHRL)

That’s a broader safety net than most people realize — and it means more people have legal standing to challenge discrimination than they may know.

Housing vouchers: A common and overlooked form of discrimination

One of the most persistent forms of housing discrimination we see is landlords refusing to accept housing vouchers. Under both the NYC Human Rights Law and New York State law, your lawful source of income, including Section 8 vouchers, CITYFHEPS, SSI, HASA assistance, and the Veterans’ GI Bill, is a protected class. A landlord cannot legally refuse to rent to you, refuse to accept your voucher, delay repairs to your unit, or even advertise “no vouchers accepted.”

Yet it still happens all the time. Landlords create extra hurdles, demanding excessive upfront fees, imposing stricter credit requirements, or simply not responding, to push voucher holders out. At VKV, we have seen firsthand how clients with vouchers in hand are repeatedly denied housing through indirect means that are just as illegal as a flat-out refusal.

Disability discrimination in housing design

Another issue that doesn’t get enough attention is the intentional or negligent design of apartment buildings that fail to accommodate people with disabilities. The Fair Housing Act and the Americans with Disabilities Act (ADA) require that multifamily housing built after 1991 meet specific accessibility standards — including wider doorways, accessible common areas, and adaptable unit features.

When buildings are built without those features, or when landlords refuse to make reasonable accommodations for tenants with disabilities, that’s discrimination. It may seem like a design or maintenance issue, but when it consistently prevents people with physical or other disabilities from living fully and safely in their homes, it crosses into legal violation.

Systemic discrimination: Programs that harm communities of color

Housing discrimination doesn’t always come in the form of one landlord treating one tenant unfairly. Sometimes it’s baked into government programs themselves. A troubling example is New York City’s third-party transfer program, which allows the city to transfer ownership of properties with unpaid water or sewage bills to private real estate developers — often without compensating the original building owner.

This program has disproportionately affected homeowners and small landlords in predominantly Black and Brown neighborhoods. Critics have argued it violates constitutional protections against excessive fines and equal protection under the law. It is a stark reminder that discriminatory housing practices aren’t always individual acts — they can be structural, and they can be challenged legally.

What you can do if you’ve experienced housing discrimination

If you believe you’ve been treated unfairly in a housing situation, here are concrete steps to take:

Document everything: Keep records of emails, texts, application rejections, and any conversations you can recall. Dates and details matter.

File a complaint: You can report housing discrimination to the NYC Commission on Human Rights by calling 311, or file with the U.S. Department of Housing and Urban Development (HUD) at hud.gov.

Know your deadlines: Federal fair housing complaints must generally be filed within one year of the discriminatory act. State and local deadlines may differ.

Talk to an attorney: A housing or civil rights attorney can assess whether what happened to you constitutes a legal violation and help you understand your options.

You deserve a fair shot at finding a home

Nobody should be denied housing because of who they are, how they look, where their income comes from, or whether they have a disability. The law is on your side — but knowing your rights is just the beginning. If you believe you’ve experienced housing discrimination, reach out to our team at VKV. We’ll listen, help you understand what your options are, and fight for you if your rights have been violated.

New York City Bans Appearance-Based Discrimination

3 Key Takeaways

  1. New York City now prohibits discrimination based on height and weight in employment, housing, and public accommodations under the New York City Human Rights Law (NYCHRL).

  2. The law applies to employers with four or more employees and took effect November 26, 2023 — meaning if you have faced this type of discrimination, you may have legal options.

  3. Certain limited exemptions exist, but stereotypes or generalizations about body size are not a valid defense under the law.

Your appearance shouldn’t determine your opportunities

New York City just took a meaningful step forward for workers’ rights. If you’ve ever felt like you were passed over for a job, denied housing, or treated differently in a public space because of your height or weight, you should know that this is now illegal in NYC. Here’s what the new law means, who it protects, and what you can do if you believe your rights have been violated.

What the law actually says

On May 26, 2023, Mayor Eric Adams signed legislation amending the New York City Human Rights Law to add height and weight as protected characteristics. The law took effect on November 26, 2023, and makes it illegal for covered entities to discriminate against someone based on their actual or perceived body size. That protection covers three key areas:

Employment: Hiring, firing, promotions, pay, and conditions of work

Housing: Rental applications, lease terms, and access to housing

Public accommodations: Hospitals, gyms, restaurants, theaters, and similar spaces

The law covers employers with four or more employees (or one or more domestic workers), housing providers, and public accommodations. In other words, most workplaces and public-facing businesses in New York City are covered.

Are there any exceptions?

Yes, but they’re narrow. An employer can only factor in height or weight when:

Federal, state, or local law specifically requires it for the job

The NYC Commission on Human Rights has issued a regulation permitting it for that particular role

Height or weight is genuinely essential to performing the core functions of the job and no reasonable alternative exists

Importantly, vague concerns about health, appearance, or company image are not valid defenses. The law is clear that stereotypes and speculative health assumptions about body size do not justify discrimination.

NYC joins a growing movement

New York City is part of a broader national trend toward protecting people from size-based discrimination. Michigan has banned height and weight discrimination statewide for decades, and cities including Binghamton (NY), Madison (WI), San Francisco (CA), and Washington, D.C. have similar protections. Several states — including New York State, New Jersey, Massachusetts, and Vermont — are actively considering statewide legislation as well.

As Mayor Adams put it when signing the bill: it shouldn’t matter how tall you are or how much you weigh when you’re applying for a job, looking for a place to live, or simply going out in your own city.

What this means if you think you’ve been discriminated against

If you believe you were passed over for a job, fired, denied housing, or treated unfairly in a public space because of your height or weight, you have the right to file a complaint with the NYC Commission on Human Rights. You can also pursue a private lawsuit with the help of an employment attorney.

Here are some examples of what could constitute a violation:

A job posting that specifies a weight or height requirement unrelated to the duties of the role

Being denied a promotion or terminated because of how you look

A landlord refusing to rent to you based on your body size

Being denied entry to or treated differently at a gym, restaurant, or hospital based on your appearance

Know your rights — we’re here to help

Discrimination based on how you look is demeaning and, in New York City, it’s now against the law. Understanding your rights is the first step. If you think you’ve experienced appearance-based discrimination at work, in housing, or in a public space, reach out to our team at VKV. We’re here to listen, help you understand your options, and stand up for you if your rights have been violated.

Can I Bring a Hostile Work Environment Claim on the Basis of Disability in New York? 

If you’ve been dealing with harassment at work because of a disability, you may be wondering whether what’s happening to you actually “counts” legally. The answer depends on where you work and which law applies — but New York workers have some of the strongest protections in the country.

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Workplace Discrimination? Get that Complaint Filed!

3 Key Takeaways

  1. Federal law protects employees from many forms of workplace discrimination — and most states add even more protections on top of that.

  2. There are strict deadlines for filing a complaint. Missing them can cost you your right to take action, even if your case is strong.

  3. You don't have to have all the answers before reaching out. Getting informed early can make all the difference.

You have more protection than you might think

If you've experienced harassment or discrimination at work, you should know that the law is on your side, and has been for decades. Federal law protects employees from a wide range of mistreatment on the job, and understanding those protections is the first step toward knowing what your options are.

What the law actually covers

The foundation of workplace discrimination law in this country is Title VII of the Civil Rights Act of 1964. Before it was passed, some federal protections existed, particularly around race and national origin, but Title VII significantly expanded those rights. Today, it protects employees from discrimination and harassment based on:

Race

Sex (including sexual orientation and gender identity)

National origin

Religion

Age

Disability

Any employer with 15 or more employees is subject to Title VII, and because it's a federal law, it applies the same way in every state.

The role of the EEOC

Title VII also established the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for receiving and investigating workplace discrimination complaints. If you want to bring a discrimination claim in federal court, you're generally required to go through the EEOC's process first. Think of it as a necessary first step before anything can move forward legally. You can learn more or start a complaint directly through the EEOC's website.

The deadlines you really need to know

This is where a lot of people get tripped up, so pay close attention. Under Title VII, you typically have 180 calendar days from the date of discrimination to file a complaint with the EEOC. However, if your state has its own workplace discrimination law, which most do, including New York, that window extends to 300 days.

A handful of states, like New Mexico and Georgia, don't have their own statutes, which means those employees are limited to the 180-day window.

Here's the part that matters most: The clock starts ticking when the harm occurs. You can't wait two years to see how things play out and then file. If the deadline passes, your claim can be completely barred, even if what happened to you was serious and clearly wrong.

One important exception: Ongoing harassment

There's something called a "continuous violation" that many employees don't know about, and it can actually work in your favor. If you experienced repeated harassment over a period of time, say, months of unwanted comments or advances, the deadline doesn't start from the very first incident. It starts from the last occurrence. So if the harassment was ongoing, you may have more time than you think.

The best time to reach out is now

You don't need to have everything figured out before talking to someone. In fact, the earlier you get information, the better. Whether you eventually decide to take action or not, knowing where you stand, and how much time you have, can protect your options down the road.

If you think something at work hasn't felt right, contact us or visit the EEOC's resource page to learn more. A quick conversation now could make a real difference later.