Workplace Justice is a podcast discussing workplace issues. We cover topics and examples of various matters in employment law including pregnancy discrimination, how courts define a hostile work environment, whistleblowing, and everything in between. Workplace Justice is brought to you by the New York City employment and civil rights law firm Nisar Law Group. To talk to an employment lawyer at Nisar Law Group, visit http://www.nisarlaw.com or call 212-600-9534 for a free case evaluation.
The Bostock Decision & The Future of LGBTQ Workplace Rights with Ezra Cukor
The most recent significant win for the LGBTQ community is the Supreme Court’s landmark decision on Bostock v. Clayton County.
It is undeniable that this decision will have a ripple effect on LGBTQ rights, not just in employment, but in many other areas as well.
Join us in this episode as we explore the Bostock case with Atty. Ezra Cukor, and its impact on the future of LGBTQ rights within the workplace.
Ezra Cukor is a Civil Rights Attorney and co-author with Shirley Lin of "LGBTQIA+ Discrimination" published in Employment Discrimination Law & Litigation (2020).
In this episode, you will learn:
05:49 - The impact of the Supreme Court’s decision on bisexual people
09:05 - What is textualism, and what is its impact on LGBTQ rights
11:08 - Bostock decision applied in different scenarios
14:32 - What is intersectionality, and its critical role in LGBTQ employment matters
19:50 - LGBTQ fight for equality particularly in the workplace
24:51 - Common patterns of workplace discrimination on the basis of sex
28:31 - How the LGBTQ community can tackle sex discrimination issues in the workplace
Lin, Shirley and Cukor, Ezra, 'LGBTQIA + Discrimination' (August 24, 2020). Employment Discrimination Law & Litigation, 2020, Available at SSRN: https://ssrn.com/abstract=3679970 Bostock v. Clayton County - https://en.wikipedia.org/wiki/Bostock_v._Clayton_County The Robert Wood Johnson Foundation - https://www.rwjf.org/ Title seven of the Civil Rights Act of 1964 - https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 The Pricewaterhouse decision - https://en.wikipedia.org/wiki/Price_Waterhouse_v._Hopkins American Civil Liberties Union - https://www.aclu.org/ Transgender Legal Defense and Education Fund - https://transgenderlegal.org/our-work/trans-health-project/ Connect with Atty. Ezra Cukor:
Twitter: @ezzquire LinkedIn: https://www.linkedin.com/in/ezracukor/
Diversity and Inclusion: How We Stop Ageism in the Workplace feat. Ashton Applewhite
Although companies are finally getting on board about diversity and inclusion, there is still one issue that remains one of the greatest vulnerabilities that American workers face.
What can you do when you're considered to be “too old” to be hired or kept as a valuable member of the workforce?
How do you fight age discrimination in the workplace?
In this episode, we talked to Ashton Applewhite, an expert on ageism, TED Talk Speaker of Let’s end ageism, and the author of This Chair Rocks: A Manifesto Against Ageism, about the sad reality that older employees face and the increasing incidence of age discrimination in the workplace.
Age discrimination can happen in any industry, and it can happen to anybody. But you should know that you can push back and take action.
What You Will Learn From This Episode:
01:03 - What is Ageism?
03:06 - What aging in the workplace looks like as a human experience
08:00 - What motivates age discrimination in the workplace?
11:09 - Why ageism doesn’t get the same amount of attention and advocacy as other forms of discrimination
14:25 - The different ways a company can solve age discrimination issues in the workplace
18:00 - The emotional and psychological impact of age discrimination for employees
19:52 - How to protect yourself against age discrimination and what you need to do if you’re being subjected to it
21:01 - What is protected activity retaliation?
Yo, Is This Ageist? - https://yoisthisageist.com/
This Chair Rocks: A Manifesto on Ageism (book) - https://thischairrocks.com/order-the-book/
Old School - Anti-Ageism Clearinghouse - https://oldschool.info/
Age Equity Alliance - https://ageequityalliance.org/
The New York City Human Rights Law - https://www1.nyc.gov/site/cchr/law/the-law.page
Age Discrimination in Employment Act (federal) (ADEA) -https://www.eeoc.gov/age-discrimination
TED2017: Let’s End Ageism - https://www.ted.com/talks/ashton_applewhite_let_s_end_ageism?language=en
Connect with Ashton Applewhite:
Website: This Chair Rocks - https://thischairrocks.com/ Facebook: @ThisChairRocks Instagram: @thischairrocks Twitter: @thischairrocks LinkedIn: https://www.linkedin.com/in/ashton-applewhite-64658/
Workplace Bullying: Patterns, Impacts, and Solutions with Linda Crockett
Workplace bullying has many faces. Just as it can manifest in many forms, it also has many ill-effects that doesn’t end when you leave the office.
People can be bullied at any age and in any situation.
So in this episode, Linda breaks down what workplace bullying really is, how to identify the perpetrators, and what to do if you feel like you're the target.
Linda R. Crockett MSW, RSW, SEP is a workplace bullying expert.
Linda completed her master’s degree in Clinical Social Work specializing in workplace harassment and bullying and has been a professional social worker for over 32 years. As a witness and target of Workplace Harassment and Bullying (including mobbing) in her own profession, her career is dedicated to the development of a Centre which provides Education, Intervention, Prevention, and Restorative / Recovery options for Employers and Employees impacted.
She completed additional training at the Workplace Bullying Institute in the USA and remains connected and supported as an Alumni member.
Linda is an active member of the International Association of Workplace Bullying and Harassment (IAWBH).
If you’re not sure if you’re a target of workplace bullies, listen to this episode and find out:
00:38 - How and why did Linda dedicate her career to become a workplace bullying expert
05:22 - What is workplace bullying?
10:03 - Who gets bullied, and who does the bullying?
13:49 - What happens when leaders are bullied by their team or subordinates
14:29 - Reasons that drive bullying behaviors
18:08 - The role of the H.R. department in workplace bullying
20:09 - When do negative behaviors become bullying behaviors
21:20 - The emotional, psychological, and physical impact of workplace bullying
24:51 - What are the early warning signs of bullying behaviors?
25:54 - What you need to do when you feel like you’re being bullied at work
29:41 - How can yoga and meditation help with the treatment of trauma
32:15 - What is the distinction between workplace bullying and unlawful harassment and discrimination, and how to navigate it under the law?
36:58 - What is the distinction between workplace bullying and a hostile work environment or a toxic workplace?
Workplace Bullying Institute (U.S.A.) - https://workplacebullying.org/ Alberta Workplace Bullying Research, Resources, and Recovery Center (Canada) - www.abrc.ca Connect with Linda R. Crockett:
Website: Alberta Bullying Resource Center https://abrc.ca/ Facebook: https://www.facebook.com/workerssafety Instagram: https://www.instagram.com/workplace_bullying_expertise/ Twitter: https://twitter.com/BullyingAlberta LinkedIn: https://www.linkedin.com/in/abrc/
Combating Islamophobia in the Workplace: A Discussion with Atty. Ahmed Mohamed
Within the last decade, there has been mounting evidence of discrimination & harassment against Muslims in many different aspects of the workplace.
While employers equip themselves with tools and policies to combat the rise of religious discrimination, there is still an overwhelming number of Muslims claiming they’ve been mistreated on their jobs.
At this point, education is critical to reducing Islamophobia.
Ahmed Mohamed, Esq., Legal Director for CAIR-NY, was a former trial attorney for the CAIR National Office in Washington D.C., where he focused on combating religious discrimination and profiling. He also travels the country educating American Muslims about their rights and represented dozens of individuals profiled by law enforcement.
In this episode, Atty. Ahmed talks about the issues experienced by Muslims in the workplace, the gruesome and shocking stories that they endured during their employment and, the things that you can do to protect yourself.
Listen to this episode and discover:
01:40 - What is CAIR and its mission for the Muslim community?
02:30 - The types of cases and scenarios CAIR New York has been working on?
04:06 - Three common types of issues Muslim people frequently experience within the workplace
04:08 - What are the types of religious accommodations, how to request, and what to expect?
07:51 - The worst cases of discrimination and harassment of Muslims in the workplace
09:48 - What to do when you’re going through harassment and discrimination
11:20 - How CAIR New York takes action when you report an incident
12:46 - Can an employer legally deny an accommodation?
17:22 - Trump administration’s influence on the surge of discrimination and harassment of Muslims in the workplace
18:20 - What harassment and hostility looks like in the workplace
25:48 - Advice to employees on what to do during the holy month of Ramadan
26:29 - How CAIR helps employers prepare for Ramadan
Council on American-Islamic Relations (CAIR) - https://www.cair-ny.org/
Title VII of the Civil Rights Act of 1964 - https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
CAIR vs Cargill - https://www.cargill.com/2018/settlement-reached-on-behalf-of-cargill-somali-american-muslim
CAIR-NY against CUNY - https://www.cair.com/press_releases/cair-ny-files-religious-and-sexual-harassment-complaint-against-cuny/
Connect with Atty. Ahmed Mohamed
Website: CAIR New York www.cair-ny.org Facebook: https://www.facebook.com/ahmed.mohamed.18041/ Twitter: https://twitter.com/TheAhmedMohamed
Criminal Record Discrimination: What You Need to Know
When you have a criminal record, you might find it difficult to compete in today’s tight job market.
Criminal record discrimination fails to account that many people learn from their mistakes. And that those people are trying so hard to make amends and start a new life.
Job seekers with criminal records have some legal rights too and it’s important you know them.
In this episode, you will learn:
01:09 - When can an employer legally take action against your employment (failure to hire or termination) based on your criminal record?
01:43 - What happens if you’re convicted?
01:48 - Two reasons why an employer can't deny you a job or terminate you.
02:29 - What are the factors taken into consideration based on the New York State policy before an employer can deny you a job due to a criminal conviction?
05:59 - What is the Ban-the-Box Law of New York City?
07:26 - How did the recent New York City ban on pre-employment testing of marijuana affect the hiring practice of employers?
09:32 - Are there exemptions to the pre-employment testing of marijuana?
Fair Chance Act (New York City) - https://www1.nyc.gov/site/cchr/law/fair-chance-act.page
Connect with Nisar Law Group:
Need help? Call 212-600-9534 for a free case evaluation.
What To Do When Your Employer Hands You A Severance Agreement
It’s your last day of employment, and your supervisor hands you a severance agreement.
Your mind is now flooded with questions - “Should I sign?” “Can I negotiate the offer?” “Should I consult a lawyer?”
There are several key legal and economic issues that should be considered when negotiating a severance agreement. So it’s important to speak up and get some help.
So how does exactly a severance agreement work?
Connect with Nisar Law Group: Need help? Call 212-600-9534 for a fre