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.

VKV Partner Robert Barravecchio recognized for highest level of service by peers

Martindale-Hubbell, part of the Martindale-Avvo family, is proud to announce that the following attorneys have achieved a Martindale-Hubbell AV Preeminent Peer Review Rating, awarded to only those lawyers who have the highest ethical standards, legal knowledge, and professional ability. This rating signifies a large number of the lawyer’s peers have assessed their professional ability in a specific area of practice via a secure online survey.

Congratulations to the following for garnering the highest honor, the AV Preeminent (alphabetical by last name of attorney):

A

Mary Clift Abdalla, Attorney at Forman Watkins & Krutz
Reginald W. Abrams, Member at Law Office of Reginald Abrams, Sr., L.L.C.
James P. Alder, Attorney at Alder Law Group

B

Robert Barravecchio, Partner at Valli Kane & Vagnini, LLP
Michael S. Bender, Member at Kaye Bender Rembaum
James Thomas Bennett, Member at Bennett Law Firm, LLP
Richard Bolger, Managing Member at Bolger Law Firm
Fred Bowers, Principal at Bowers Law Office 
Jonathan Braaten, Attorney at Anderson, Creager & Wittstruck, P.C., L.L.O. 
Brian Britt, Member at Kopesky, Britt & Norton, LLC
W. Mark Broadwell, Partner at Broadwell Law

Gender Pay Gap

Surrounded by leaders like House Speaker Nancy...
Surrounded by leaders like House Speaker Nancy Pelosi and Secretary of State Hillary Clinton, and with the new law’s namesake, Lilly Ledbetter, at his side, President Barack Obama signs into law the Lilly Ledbetter Fair Pay Act -- a powerful tool to fight discrimination. (Photo credit: Wikipedia)

Women seemingly always have fought an uphill battle in the fight for wage equality with their male counterparts. As the number of women in the workforce has increased over the years, that gap between male and female wage earners has gotten narrower, but the gulf is still perhaps too wide compared to what it should be. Some correctly argue that any wage gap based solely on gender should not occur, especially in today’s society. Any difference in earnings of this nature falls under the category of discrimination in the workplace and has no legal reason to be allowed.
While President Obama has gained praise for his support of reducing this pay gap and supporting legislation like the Lilly Ledbetter Fair Play Act, a law that makes it easier for women to sue over pay discrimination, he has come under fire recently after a study of his staff in the white house has revealed that he pays his male staffers more than his female staffers. The numbers show that women staffers earn about eighty-seven percent of that of their male counterparts ($71,000 to $62,000), while the national average in 2011, according to the Bureau of Labor and Statistics (BLS), was around eighty percent.
Despite this example of potential discrimination from our nation’s highest office, the president and his predecessors’ support of pay equality has allowed for several advancements that are evident with the latest numbers. Younger women (aged 25-34) have narrowed the gap substantially to about ninety-two percent according to the 2011 numbers. Several legislative acts, such as the Pregnancy Discrimination Act of 1978 and the Family and Medical Leave Act of 1993, have made it more difficult for employers to discriminate against women when it comes to their needing to miss time due to pregnancies. However, women are still more likely than men to take unpaid time off of work to deal with sickness or other parenting issues in a family, a fact which reduces their wages by default.
While it is becoming harder and harder for employers to discriminate against women in their pay, the fact remains that it still happens. When it does, it is important to have the best legal representation possible to ensure that your rights are protected. The Law offices of Valli, Kane, and Vagnini are specially equipped to help any victim of this or any other kind of discrimination in the workplace. Contact them for a free consultation to make sure that your rights are protected.

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Environmental Discrimination: Hampering Individual Achievement


In the 1950s, segregation in America was still predominant. Separate busses and separate water fountains were mandated, dividing white from black in a manner that should never be repeated. While segregation has long been outlawed for decades from a legal standpoint, racism still rears its head in a number of arenas, from institutional to professional to educational to environmental.
Environmental discrimination came about in the 1980s, and established the desire to create a legal precedent in which racial elements influenced environmental factors. Its definition is broad, its legal influence is growing, and its affect on your situation at work or at home may be a determining factor in your need for an attorney.
What is Environmental Discrimination/Racism?
Environmental discrimination, or environmental racism, is the affect that race plays on one’s environment. Separate water fountains make for a simple example: were the water fountains used by whites in the 1950s cleaner, well-maintained, and more sterile than those used by blacks? When environmental discrimination is present, individual achievement is hampered. This is simply antithetical to the American way. Every American should have equal opportunity to move forward, work hard, and achieve his or her goals. While overcoming hardship is an essential component to success, racism is an unacceptable hardship in the United States.
How Might Environmental Discrimination Affect My Situation?
Environmental discrimination in New York may be more common than you realize. If a landlord owns properties in several neighborhoods, yet refuses to invest in maintenance on properties “because of the people in the neighborhood,” then that might legally be defined as environmental racism. Not only is that potentially illegal, it is terrible business practice, and a disservice to the community.
In business, if a franchise owner decides to invest more in “white neighborhoods” than “black neighborhoods” or “latino neighborhoods,” then environmental discrimination is clearly present.
Zoning and Environmental Discrimination
This type of discrimination may go into the government sector as well. For instance, when voter districts are changed to racially segregate a vote, then that is environmental discrimination. Zoning laws, when drawn with race as a factor, constitute racist behavior and may potentially open the doors for litigation.
If you feel you are a victim of environmental discrimination, then you need an attorney with an expert knowledge of your situation. Call the law offices of Valli, Kane & Vagnini, and put your trust into experienced attorneys.

Working Off The Clock? Think Again


With the American economy in the midst of its worst downturn in decades, corporations are trying to squeeze that last buck out of every corner they can. Job satisfaction is going down across the board. One largely unsung issue that may be elevating to epidemic proportions is “Off the Clock” work.
For many, going unpaid for the work you perform for your employer is illegal.  Many corporations in the U.S. are, unfortunately, asking their workers to buck up and work without minimum wage or overtime pay.  This violates both New York and Federal law. The plain fact of the matter is that the laws are designed to protect during the bad times as well as the good. Just because there is not as much money to go around does not mean that it is all right to ask workers to work off the clock without compensation.
Full Time Employees in New York
For the most part, New York State follows Federal guidelines when it comes to minimum wage and overtime. If a non-exempt employee is performing work of any sort for their employer, they are to be paid at least minimum wage for their work.  If they are working over forty hours in a work week, then any time worked above that is eligible for overtime pay. Live in employees may claim overtime after forty-four hours as well. Naturally, standard exemptions apply to certain types of employees, including certain interships.
However, a controversial case is brewing in New York that might potentially change how the law sees interns nationwide. An intern is suing Harper’s Bazaar, claiming that minimum wage is due to all intern workers and that internships are exploitive. We will follow this case closely and continue to report on its significant role in the wage and hour litigation world.
Full Time Workers That Receive Tips
If your employer claims that you are not entitled to overtime pay because you receive tips in your line of work (such as a restaurant server, delivery driver, dancer, etc.), then your employer is out of compliance with New York and Federal law. All work performed by these types of workers are subject to minimum wage and overtime law.
If you are a non-exempt, hourly worker, an employer cannot refuse to pay you time working off the clock.  You are entitled to be paid for all hours work at minimum wage or an overtime rate if over 40 hours in a work week.  If you feel you are being forced to work “off the clock” meaning you are not being paid for your time, then you should contact an attorney familiar with these laws immediately.  For a free consultation, contact the law offices of Valli Kane & Vagnini, LLP at (866) 441-2873.  You need a talented lawyer that is not afraid to take on exploitive employers that disregard the law.

Wage Theft Prevention Act: Redundant Bureaucracy or Employer Protection?

No state in the Union has taken more steps to protect its workers and employees than the state of New York. However, critics say the state went too far with the Wage Theft Protection Act. This act caps off what some industry leaders—especially in construction—call an explosion of bureaucratic red tape that renders New York business unprofitable and untenable. The law’s proponents have commented that the new Wage Theft Protection Act may actually protect New York’s employers from horrific, small business-destroying lawsuits. Read on for the basics of the WTPA debate.
As of February 1, the act requires that workers be notified of their wages annually. The WTPA Pay Rate form must include how much the employee is paid and when, the name and address of the employer, and allowances. The new form must be provided in English, and the employee’s primary language, if applicable. New York’s Labor Department provides translations in Spanish, Chinese, Korean, Russian, Polish, and Haitian Creole. Failure to comply will result in fines up to $50 weekly.
Businesses have complained that the new paperwork burden will cost the state’s industry millions, and that the law will do little to curb shady work practices. The Wage Theft Protection Act is essentially, say critics, bureaucracy without function. However, the law may provide advantages to employers.  For example, the WTPA may prevent lawsuits from employees that sue over pay disputes.  As paperwork is a key component in all legal proceedings, this paperwork functions to protect employers in the event a dispute over pay turns into litigation.
Only time will tell if the WTPA changes the way New York does business for the better. America’s economic turmoil has been felt deeply in New York State. Entrepreneurs most often call for deregulation, citing that decreased laws and streamlined businesses will turn NY’s economy around. However, most would agree that employees need protection as well, and the WTPA’s goal is to provide that.
As the Wage Theft Protection Act forces your employers into documenting information relating to your wages, you may become aware that your employer has not been paying you properly or depriving you of certain rights relating to your pay.  If you are involved in a wage dispute in New York, then you may benefit by speaking to an employment lawyer. An expert employment attorney can help you understand the complexities of New York workplace law as it relates to you and will vigorously fight for your right to fair pay. Do not let yourself be victimized. Call the law offices of Valli Kane & Vagnini. LLP now at (866) 441-2873 and get one of NY’s most experienced and accomplished employment attorneys on your side.

The Job Search and Discrimination by Age

justice, discrimination, law, lawyer, new york
When employers shut you out because you exceed some arbitrary age limit, this can be exceedingly frustrating. Not only is the employer perpetrating an obvious injustice, in many cases, it may be clear that you are best candidate for the position. There are laws prohibiting many types of discrimination. U. S. Equal Employment Opportunity Commission (EEOC) enforces these laws. It behooves an employer to know the relevant laws and regulations. Age is one of the areas of discrimination covered by laws.
Employers are not to treat job applicants or existing employees less favorably because of their age. Current law, covered by Age Discrimination in Employment Act of 1967 (ADEA), applies to employees and job candidates equally. The law applies to people age forty and over. Employers can favor an older employee over a younger employee but not the other way around. The law applies even if both employees are over forty. In other words you cannot hire a 45 year old worker over a 55 year old employee due to age.
Work Contexts and Age Discrimination
age discrimination, age, workplaceThe law covers discrimination in many aspects including hiring, termination, pay level and pay raises, work assignments, promotions, layoffs, benefits, training and general working conditions.
 
Harassment and Age Discrimination

Law forbids harassment due to age. Examples of such harassment could include offensive remarks about a workers age. Harassment is not everyday good-humored banter or an isolated remark. However, if the banter and remarks become so severe and frequent that it creates a work environment that is hostile or offensive, that is harassment and prohibited by law. If the adverse treatment due to age results in negative employment decisions, such as termination, that is considered harassment and prohibited by law. It will be considered harassment if it is the victim’s manager or supervisor, a coworker or even someone who is not an employee such as client or vendor.
Policies, Practices and Age Discrimination
 Policies and practices implemented by an employer need to be applied to everyone without regard to age. When applied, policies and practices can be illegal if they can be shown to have harmed or impacted negatively employees forty year old or older due to their age. Areas commonly effected include:
work, policy

  • Training and apprenticeship programs.
  • Want ads and job notices.
  • Employment inquiries.
  • Benefits and retirement policies.

Any employer with more than twenty employees is subject to the Age Discrimination in Employment Act. It also applies to all government agencies, federal, state and local.