Employment Law Attorneys New York NY

While there are no published studies focusing on Singles profiling in job interviews, marital status is certainly a subject an employer should not ask about. There are several categories which employers must avoid because basing an employment decision on any one of them is discriminatory: Race, Color, Sex, Religion, National Origin, Birthplace, Age, Disability and, Marital/family status.

Derek T. Smith Law Group, LLC
(877) 4NY-LAWS
30 Broad Street, 35th Floor
New York, NY
Specialties
Employment, Age, Compensation, Gender, Pregnancy, Race, Religious, National Origin, Sexual Orientation Discrimination; Wrongful or retaliatory termination; ADA claims and violations; Family and Medical Leave Act Claims; Severance Agreements; Sexual Harassment
State Licensing
1995, New York; 1996, New Jersey and Pennsylvania; U.S. District Court, Northern, Southern and Eastern Districts of New York and U.S. District Court, Eastern District of Pennsylvania
Professional Memberships
New York State Trial Lawyers; National Employment Lawyers Association; NELA/NY.

The Watanabe Law Firm, LLC
(212) 486-7005
444 Madison Avenue, 17th Floor
New York, NY
Specialties
Employment Law; Business and Employment-Related Litigation;
Secondary Specialties
Business & Regulatory Offense/ Corporate Investigations; Business Law; Criminal Law
Education
Laura Watanabe (Founder) Education: New England School of Law, 1986 J.D.; Clarion University of Pennsylvania, 1983 B.S.
State Licensing
Laura Watanabe (Founder) Licenses and Admissions: 1987, New York; 1993, U.S. District Court, Southern and Eastern Districts of New York; 2002, California and U.S. District Court, Northern and Central Districts of California; U.S. Court of Appeals, Ninth Circuit

Schwartz & Perry, LLP
(212) 889-6565
295 Madison Avenue
New York, NY
Specialties
Employment, Age, Race, Sex or Gender Discrimination; Sexual Harassment
Education
Murray Schwartz (Managing Partner) Education: New York University School of Law, 1953 LL.M; Brooklyn Law School, 1949 J.D.
State Licensing
Murray Schwartz (Managing Partner) Licenses and Admissions: State of New York, 1949;U.S. District Court, Southern District of New York, 1949; U.S. District Court, Eastern District of New York, 1957; U.S. Supreme Court, 1999; U.S. Court of Appeals, Second Circuit, 2002
Professional Memberships
Murray Schwartz (Managing Partner) Professional Memberships: New York County Lawyers' Association: Member Since 1949; New York State Trial Lawyers Association: Member Since 1949; American Association for Justice: Member Since 1966; New York State Bar Association (Labor and Employment Law Section): Member Since 1976; Mensa: Member Since 1983; National Employment Lawyers Association / New York Affiliate (NELA/NY): Member Since 1996, Former Chairperson of the Sexual Harassment Committee, Former Co

Levine & Blit, PLLC
(212) 967-3000
Empire State Building 350 Fifth Avenue 36th floor
New York, NY
Specialties
Employment Law; Labor Law; Separation/ Severance Agreements; Unpaid Wages/ Overtime
Secondary Specialties
Personal Injury; Sexually Transmitted Diseases; Commercial & Residential Real Estate; No-Fault or Medical Litigation; Criminal Defense; Immigration Law; Commercial Litigation
Education
Matthew J. Blit (Partner) Education: St John's University School of Law, 2000 J.D.; St. John's University, 1997 B.A.
Professional Memberships
Matthew J. Blit (Partner) Professional Memberships: New York State Trial Lawyers Association (NYSTLA); National Employment Lawyers Association (NELA); New York County Lawyers Association

Robert J. Wisniewski
(212) 267-2101
225 Broadway Suite 1020
New York, NY
Specialties
Discrimination; Employment Law--Employee; Litigation & Appeals; Wage & Hour; Unpaid Wages; Employment Law Litigation; Commercial Litigation
Secondary Specialties
Bankruptcy Law; Business & Commercial Law; Class Actions--Plaintiff

The Law Office of John M, Lambros
(646) 666-8518
The Trump Building 40 Wall Street Suite 2809
New York, NY
Specialties
Employment Law; Employment Contract Review; Employment, Age, Racial, Gender Discrimination; Sexual Harassment; FMLA; Wage and Hour Issues; Business and Commercial Law; Business Litigation; Intellectual Property & Antitrust; Appellate Litigation; Police Misconduct; Civil Rights
State Licensing
New York
Professional Memberships
American Association for Justice (formerly American Trial Lawyers Association (ATLA)); National Institute of Trial Advocacy; New York State Trial Lawyers Association; New York State Bar Association, Federal & Commercial Litigation Committee; Inns of Court; Public Justice Foundation; New York City Bar Association; National Employment Lawyers Association; New York Employment Lawyers Association; American Civil Liberties Union; New York Civil Liberties Union; American Hellenic Educational Progressi

The Law Firm of Eric Andrew Suffin
(212) 362-5555
160 West 71st Street, Suite 2B
New York, NY
Specialties
Employment Discrimination; Harassment; Retaliation; Wage Claims; Leave of Absence Issues; Contract Issues; Arbitrations and Mediations
Education
Binghamton University, B.A Psychology cum laude; Touro Law Center, J.D
State Licensing
New York
Professional Memberships
New York County Lawyers' Association; New York State Bar Association; National Employment Lawyer Association/ New York

Outten & Golden LLP
(212) 245-1000
3 Park Avenue, 29th Floor
New York, NY
Specialties
Sexual Harassment; Family Responsibilities and Disability Discrimination; Lesbian, Gay, Bisexual, Transgender Workplace Rights; Discrimination and Retaliation; WARN
Secondary Specialties
Executives & Professionals; Securities and Financial Services Industry; Class and Collective Actions
Education
Wayne N. Outten (Managing Partner) Education: New York University School of Law, 1974 J.D.; Drexel University, 1970 B.S.
State Licensing
Wayne N. Outten (Managing Partner) License and Admissions: New York; United States Supreme Court; the Southern and Eastern Districts of New York; the Second Circuit Court of Appeals.
Professional Memberships
Wayne N. Outten (Managing Partner) Professional Memberships: Executive Board of the National Employment Lawyers Association (NELA): Founding Member; College of Labor and Employment Lawyers (1996-2003): Founding Governor; Workplace Fairness: Co-founder and Officer; Council of the Section of Labor and Employment Law of the American Bar Association (2000-2008); New York State Bar Association's Labor & Employment Law Section: Member; Employment Disputes Committee of the CPR Institute for Dispute Re

Gangemi Law Firm, P.C.
(646) 736-5006
82 Wall Street, Suite 300
New York, NY
Specialties
Employment Law
Secondary Specialties
Litigation and Alternative Dispute Resolution; Class Actions
Education
Salvatore Gangemi (Partner) Education: St. John's University School of Law, 1993 J.D; St. John's University, 1990 B.A., cum laude
State Licensing
Salvatore Gangemi (Partner) Licenses and Admissions: New York, 1994
U.S. District Court: Southern and Eastern Districts of New York, 1994
United States Supreme Court, 1999
U.S. Court of Appeals, Second Circuit, 2006
U.S. Court of Appeals, Third Circuit, 1995
Professional Memberships
Salvatore Gangemi (Partner) Professional Memberships: National Employment Lawyers' Association—New York Executive Board Member, 2009-; St. John's School of Law, Labor and Employment Law Center Member of Board of Advisors 2010-; New York State Bar Association; Chair, Employment Law Committee of the Trial Lawyers Section, 2009; New York State Bar Association Labor and Employment Section; American Association for Justice; Employment Rights Section; National Employment Lawyers' Association; New York

Raff & Becker, LLP
(212) 732-5400
470 Park Avenue South 3rd Floor North
New York, NY
Specialties
Sexual Harassment; Discrimination/ Civil Rights; Retaliation; Sarbanes Oxley Whistleblowers; Drug Testing Issues; Disability Discrimination; Personnel Practices & Procedures; Labor-Management Issues; Employee Privacy & Confidentiality; Employment Contracts; Termination Agreements; Wage & Hours; Grievances/ADR; Civil Services; Employment and Businesses
Education
David A. Raff (Partner) Education: New York University School of Law, L.L.M Major: Labor Law; Brooklyn Law School, J.D.
State Licensing
David A. Raff (Partner) Licenses and Admissions: New York, 1969; U.S. Supreme Court, 1974; U.S. Court of Appeals 2nd Circuit, 1977
Professional Memberships
David A. Raff (Partner) professional memberships: American Arbitration Association; National Mediation Board; New York State Employee Relations Board: Labor Arbitrator, Mediator; New York State-CSEA Disciplinary Panel: Labor Arbitrator; New York State Human Rights Advisory Council, 1990 - 1997: Member; American Arbitration Association, 1996 - 2002: Member, National Alternative Dispute Resolution Task Force; New York State Bar Association, 1981 - 1985: Chairman, Committee on Civil Rights; America

Single Profiling, Is There Such a Thing?

Q: I saw a news story about Mommy profiling at job interviews. I've felt that there has been Singles profiling in some of my job interviews. Is that legal?

 

While there are no published studies focusing on Singles profiling in job interviews, marital status is certainly a subject an employer should not ask about. There are several categories which employers must avoid because basing an employment decision on any one of them is discriminatory: Race, Color, Sex, Religion, National Origin, Birthplace, Age, Disability and, Marital/family status. Clearly the primary issue in this last category is most often focused on protecting women with children or planning to have children and persons with family obligations that an employer might perceive would get in the way of work hours. While an employer may ask about your availability, they are not entitled to ask about your family circumstances.

Though marital status discrimination is not covered by Title VII of the Civil Rights Act of 1964, many government employees may be protected by other provisions including the Civil Service Reform Act of 1978 (CSRA), and a number of states and cities have statutes or ordinances specifically prohibiting marital status discrimination. While an employer may discuss availability or general plans for the future to gauge a person's commitment level, one cannot ask about pregnancy plans, lack thereof or marital status even if the inquiries as to marital status are to establish perceived home stability. And if you have a loved one at home for whom you are the sole caretaker, that is also off limits as far as inquiries.

Singles in the workplace often find that they are "volunteered" or requested to work overtime or additional hours, as opposed to others in the office, that may or may not be compensated. This too is an inappropriate request/demand by an employer, and if you feel uncomfortable with this circumstance you are encouraged to speak to a Human Resources manager about your concerns. As marital status discrimination in the workplace can be a gray area, it is also suggested that you document any perceived indiscretion so that should you need to seek legal counsel you will be armed with proper documentation of your claims.

__________________________________

DISCLAIMER: This publication is distributed with the understanding that it does not constitute legal advice or establish an attorney/client relationship by way of any information contained herein. The information provided is for general purposes only, as readers are advised to consult with a qualified lawyer regarding the specifics of their particular circumstances.


Set as favorite Bookmark Email this Comments (0) Add Comment feedSubscribe to this comment's feed
Write comment You must be logged in to post a comment. Please register if you do not have an account yet. busy

Click here to read more from Single Edition