The escalating coronavirus pandemic (COVID-19) has changed the life and work situations for millions of people throughout the US. In this time of frightening medical and economic crisis, Tuckner Sipser is especially concerned about protecting employee rights, we have prepared a set of FAQs to explain how federal, state, and local laws can protect your job and your income.
Under federal law, since 2010, women returning from maternity leave who are breastfeeding, nursing parents – are entitled to a clean, private, non-restroom, non-bathroom space in which to express milk; to take a break and to lactate on a similar schedule to what your baby would be doing, nursing, if you were home, two or three times a day. Otherwise, it’s very painful, you can develop mastitis, it may interfere permanently with your ability to breastfeed, and it’s illegal.
Every case has a statute of limitations – the date by which it must be filed, or the chances are lost forever. In discrimination cases, sexual harassment, pregnancy discrimination, retaliation, any kind of employment law case, a charge of discrimination must be filed with the United States Equal Employment Opportunity Commission before you’re allowed to file in court, and that charge of discrimination must be filed, within either 180 days of the last discriminatory act or 300 days of the last discriminatory act, depending on the state where you work. So for instance, in New York, that federal filing date with EEOC is 300 days from, if you were fired, that is likely the last discriminatory act.
Being fired for stealing whether you are guilty or not, doesn’t matter because your employer can fire you for any reason. Your employer can fire you for crazy reasons, just not illegal ones.
If you receive a disciplinary warning, a criticism, a write-up at work, should you sign it? Yes, sign it.
Employers are now prohibited in NYC from prompting you, asking you, asking your prior employer, searching for publicly available information about your past salary history.
The needs of the individual – you – with your condition, your bona fide disability under federal law and what the employer (the many) needs to do to ‘reasonably accommodate,’ to be flexible to your needs–that to the employer (the many)–is basically a pain in their butt, because it’s higher maintenance, more cost, but they have to do it under the law and that’s the balance, that’s the test of reasonable accommodation.
If you filed a complaint with your company and the human resource department calls you down to discuss it, I know you are probably anxious about going, but you need to go, and you need to cooperate with their investigation.
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