Lawyer Monthly Magazine - July 2019 Edition

www. lawyer-monthly .com the harassment suffered is “sufficiently severe or pervasive to alter the conditions of the victim’s employment.” This can be a difficult standard to reach and many federal courts have ruled that even very nasty or aggressive harassing language does not subject an employer to judicial scrutiny. Federal judges may be particularly inclined to dismiss causes of action for a hostile work environment if they regard the harassing behavior as a “one-off incident.” The New York City Human Rights Law on the other hand, employs a far more employee- friendly standard for claiming a hostile work environment. Any harassment “above a petty slight or trivial inconvenience” may be actionable in the City of New York if it is suffered by an employee due to their membership in a protected class. Therefore, the LGBT+ community is protected in the workplace against lewd comments, offensive jokes, taunts, and the use of homophobic/transphobic slurs. Offensive jokes or comments about an employee’s spouse, family, or community may also constitute a hostile work environment in the City of New York. LGBT+ employees should reach out for help if they believe they are being treated differently as a result of their protected category. For example, if a gay employee notices a pattern in which management repeatedly declines to promote any 10 COVER FEATURE JUN 2019 qualified, gay employees, they may be suffering discrimination in the form of disparate treatment. Are employees ever required to disclose their sexual orientation or information about their gender identity? Employees absolutely do not have to disclose their sexual orientation in the workplace, nor can they be compelled to discuss their gender identity. An employee who receives repeated requests to confirm their sexual orientation or gender identity may be the victim of actionable workplace harassment. An employer cannot prod their employees for private, personal information that has no relevancy to whether she can perform her job duties. In the same vein, an employer should not ask their employees their age, religion, national origin, etc. Transgender people may choose to disclose information about their gender identity to their employer, particularly if they are in the process of transitioning. This step is a transgender person’s right and may be a vital step in their process of transition. An employer must make their employee comfortable in this regard, particularly since their employee’s transition may prompt use of a different name, gender pronoun, and it may affect the employee’s health benefits. Transgender people AT PHILLIPS & ASSOCIATES, WE LEVEL THE PLAYING FIELD Employees were, and for the most part still are, at a big disadvantage in theworkplace. There is a dramatic power imbalance between employees and the companies for which they work. This power balance can intensify after experiencing sexual harassment or discrimination. The company/employer often hires a large law firm to represent it, while the employee may have just lost their job, have very little money and no one to help them understand their rights. At Phillips & Associates, we have the experience, staffing, and financial backing to keep the playing field level. People need to take a close look at the lawyer or law firm they want to hire and determine if that lawyer or firm has the funds, experience and the resources to properly litigate their case. Phillips & Associates is one of the largest plaintiffs’ only employment law firms in New York. The firm handles cases involving sexual harassment and discrimination in the workplace including pregnancy, race, disability, religion, gender, and sexual orientation and other protected traits. Phillips & Associates also handles other areas of harassment at work such as retaliation and wrongful termination. Most recently, the American Institute of Legal Counsel selected Phillips & Associates as one of the “10 Best Employment & Labor Law Firms in New York.” ABOUT STEVEN FINGERHUT Steven Fingerhut is an employment litigation associate at Phillips & Associates. He provides vigorous representation to individuals who have suffered from workplace discrimination and harassment in New York City and need an attorney to protect their rights. At trial, Steven Fingerhut, with co-counsel, obtained a judgment in the amount of $77,054.64, including attorney fees and costs, for their client who was discriminated against by her supervisor and wrongfully terminated from her employment due to her pregnancy. (Weng v. Fancy Lee Sushi Bar & Grill, Inc., 2017 U.S. Dist. LEXIS 183657 (E.D.N.Y., Nov. 18, 2017)). Mr. Fingerhut is an active member of the National Employment Lawyers Association (“NELA”) as well as the New York State Trial Lawyers Association (“NYSTLA”). He was selected as a “Rising Star” in New York by Super Lawyers and has also been recognized by various other legal organizations such as the American Institute of Legal Counsel, the Lead Counsel Review Board, and the Best Attorneys of America.