Pregnant workers in New York have substantial protections when defending their right to work and hold on to their job. The U.S. Equal Employment Opportunity Commission has outlined the different types of protections that pregnant individuals have from harassment or discrimination.
New York employers are forbidden from discriminating against an otherwise-qualified worker due to current, former or perceived disability status. Even if an employee does not have a disability but the employer believes that he or she does, discriminatory actions against the employee are against the law.
Employees in New York may benefit from learning more about the state's laws against workplace discrimination. New York's Human Rights Law reflects similarly to the provisions established under federal discrimination laws. The Human Rights Law specifically prohibits discrimination against disabilities. The state's Division of Human Rights is an administrative agency tasked with enforcing the act and investigating complaints of violations. When appropriate, the agency may process a discrimination claim concurrently with federal entities.
New York restaurant workers may be interested in statistics that indicate a high level of sexual harassment claims by women who depend on tips. The problem is especially significant for those who live in states with lower minimum wages are allowed because of the offset of tips. While non-tipped employees are entitled to a federal minimum wage of $7.25 per hour, a lower federal minimum of $2.13 applies to tipped workers in states without a law requiring higher pay.
Workplaces in New York must comply with state laws on the prevention of and responses to sexual harassment of employees by coworkers, managers and clients. However, employers and employees alike may find cause to question the point at which sexual innuendo or other activities end up constituting prohibited sexual harassment. Failure to understand this infringement of worker rights and promote an understanding with all workers can be damaging.