“…prohibits employment discrimination on the basis of race, color, religion, sex or national origin in hiring, employment (all terms, conditions and benefits), and termination” – Title VII of the Civil Rights Act

KNOW YOUR RIGHTS

A large part of Women on the Job’s mission is to educate the public about the concerns and issues of women’s workplace rights.  The following is a brief explanation of Job Rights and Discrimination Law, including Sexual Harassment and Pregnancy Rights and instructions on how to File a Complaint if warranted. 

Because WOJ is a grass roots organization servicing New York, particularly Nassau and Suffolk Counties, our listing of Enforcement Agencies is limited to Long Island and New York City.  You will find EEOC and human rights offices listed under federal and state government agencies in your local telephone directory.  For more information on which agency would be most helpful in solving your conflict, Contact Us.

JOB RIGHTS AND DISCRIMINATION LAW

Pre-Employment Rights:  Job applications and interviews may not include questions about sex, age, religion, national origin, marital status, children, and gaps in your employment record, medical history, disability, height, weight, or arrest records.

An employer may not require a job applicant to submit to medical, lab or psychological tests as a condition prior to employment, unless based upon a bona fide occupational qualification.

Sex Discrimination: Federal law prohibits sex discrimination in hiring, promotion, firing, paying wages and in the conditions and benefits of employment under Title VII of the Civil Rights Act.

Wage Discrimination is the denial of equal pay for equal work or equal pay.  Enforcement is by the Equal Employment Opportunity Commission.

New York State Human Rights Laws prohibit the same discrimination as federal law and, in addition, discrimination based on disability, marital status, and previous conviction.  Enforcement is by the New York State Division of Human Rights and the County Commissions on Human Rights.

The New York State Department of Labor investigates infractions of labor law reported to a Human Resource Director or EEOC Officer.  The Attorney General deals with cases alleging discriminatory employment practices which affect more than one individual. 

Other Employment Rights:  A safe and healthful workplace; standards for hours and wages; unemployment benefits; workers’ compensation; disability benefits; “whistleblower” protection when you report unlawful activity; the right to join unions and bargain collectively.  It is unlawful for an employer to discriminate against employees who exercise any of these rights.

The Occupational Safety and Health Administration (OSHA), a division of the NYS Department of Labor, assures the safety and health of America's workers by setting and enforcing standards; provides training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.

Employment at Will:  New York State does not protect an employee whose boss wishes to terminate her/him when discrimination is not the issue.  New York is a state in which employers have the power of “employment at will”.  Only a personal or union contract protects specified rights stated in the contract.

Pregnancy Rights 

Under the Pregnancy Discrimination Act, it is illegal for an employer to discriminate against an employee because of pregnancy, childbirth, or pregnancy-related conditions. 

You can’t be fired, denied a job, or denied a promotion simply because you are pregnant. 

You cannot be forced to take maternity leave at an arbitrary point in your pregnancy if you are still capable of performing your job.

Any unpaid, extended maternity leave or “child care” leave is at the discretion of the employer, and must be treated the same as a leave of absence for any other reason.

While on maternity leave, your rights to benefits are comparable to what they would be if you were on a leave of absence.

Pregnancy Disability law, protects women with disability due to pregnancy.  Pregnancy disability must be treated like any other temporary medical disability.  A pregnant worker is entitled to benefits for the period of the disability, as certified by her doctor, at minimum statutory rates for up to 26 weeks, as for any other disability.  If you give notice that you will not return to work after childbirth, then you forfeit your disability coverage.

Sexual Harassment

The law defines sexual harassment as unwanted physical or verbal advances of a sexual nature that cause discomfort or humiliation, or interfere with job performance and career mobility.  Retaliation because you rejected sexual advances is also illegal.  Retaliation can take the form of a poor job rating, an unwanted transfer, demotion or termination.  Retaliation should be reported along with sexual harassment.  There may be retaliation because you have filed a complaint with a law enforcement agency.  Report the retaliation immediately, because that too is illegal.  Home