Eric Sanders, Esq., of ¸£Àû¼§. discusses who is a ‘supervisor’ under Title VII?

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In addition to the laws that are enacted and are applicable throughout the State of New York, the City of New York has been very progressive enacting several expansive anti-discrimination laws.  In many respects, the New York City Human Rights Law (NYCHRL) and the New York State Human Rights Law (NYSHRL) are very similar in structure, legislative intent and application.  Laws enforced under the NYSHRL may be adjudicated administratively at the New York State Division of Human Rights (NYSDHR).  The NYSHRL may also be enforced by filing a lawsuit in federal or state court.  Laws enforced under the NYCHRL may be adjudicated administratively at the New York City Commission on Human Rights (NYCCHR).  The NYCHRL may also be enforced by filing a lawsuit in federal or state court.

The NYCHRL prohibits discrimination in employment, housing and public accommodation on the basis of race, color, sex, religion, national origin, marital status, citizenship status, gender, gender identity, sexual orientation, disability, etc.  The NYCHRL also prohibits discrimination in employment on the basis of arrest or conviction record.  The NYCHRL prohibits retaliation.  Recently, through the New York City Local Civil Rights Restoration Act of 2005, the NYCHRL was enacted to further enhanced and broadened  protections relative to both the federal laws and the NYSHRL counterparts.

In Gina Williams v. New York City Housing Authority, et al., 61 AD3d 62 January 27, 2009.  The Court held that, the Restoration Act notified courts that (a) they had to be aware that some provisions of the NYCHRL were textually distinct from its state and federal counterparts, (b) all provisions of the NYCHRL required independent construction to accomplish the law’s uniquely broad purposes, ^[and (c) cases that had failed to respect these differences were being legislatively overruled. In short, the text and legislative history represent a desire that the NYCHRL “meld the broadest vision of social justice with the strongest law enforcement deterrent.â€�  The Court then affirmed the lower Court’s dismissal because the Pro See plaintiff did not raise the misapplication of the law during her appeal.

In Howard Hoffman v. Parade Publishing, et al., 2010 NY Slip Op 05706 decided July 1, 2010, the court held that the protections of the NYCHRL would be available to an employee that resides in the City of New York, even if the employer is located outside of the City of New York if, its’ decision had an “impact� within the City of New York.

In Daniel M. Maffei v. Kolaeton Industry, Inc. et al., the court held that the NYCHRL applied to prohibited discrimination against transgendered individuals.
To file a discrimination complaint with the New York City Commission on Human Rights, please call 311 if you are located within the City of New York or 212-306-7450

CCHR Community Service Centers

Manhattan
40 Rector Street, 10^th Floor
New York, N.Y. 10006
212-306-5070
Brooklyn
275 Livingston Street, 2^nd Floor
Brooklyn, N.Y. 11217
718-722-3130
Bronx
1932 Arthur Avenue, Room 203A
Bronx, N.Y. 10457
718-579-6900
Queens
153-01 Jamaica Avenue, Room 203
Jamaica, N.Y. 11432
718-657-2465
Staten Island
60 Bay Street, 7^th Floor
Staten Island, N.Y. 10301
718-390-8506

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The United States Equal Employment Opportunity Commission (EEOC) safeguards the residents of United States against discrimination by an employer, labor union or employment agency on the basis of race, color, sex, national origin, age, disability or religion either at the time of applying for a job or at the work place. EEOC enforces the law only against those employers who have at least 15 employees and in cases of age discrimination, only employers who have at least 20 employees.

Any person who has been subjected to discrimination by an employer, labor union or employment agency to which the EEOC laws apply can file a Charge of Discrimination in the nearest EEOC office. A charge may be filed either in person, through the mail, online or via telephone.

When filing a charge in person, the EEOC prefers that the complainant bring all relevant documents with them such as notice of termination, performance evaluations, etc. When filing a charge by mail, the charge must contain the following: the name, address and telephone number of the complainant, the name of the employer, labor union or employment agency against whom the charge is intended to be filed, the number of employees employed, a brief description of the alleged discrimination along with the dates of the alleged acts. The charge must be notarized.

When filing a charge with the EEOC, the complainant must be aware of very strict timeframes. Generally, charges must be filed with the EEOC within 180 days from the date of the alleged discriminatory act. In New York, which is a Fair Employment Practices Agency (FEPA) state, the charge must be filed within 300 days from the date of the alleged discriminatory act. There are some limited exceptions to the abovementioned guidelines such as in the case of a hostile work environment. In such cases, as long as the last alleged discriminatory act occurs within the abovementioned timeframes, any alleged act occurring prior to the timeframe may be considered for liability purposes. If the charge cannot be resolved within the EEOC, the complainant may pursue their claims in state or federal court.

Persons filing charges of discrimination alleging violations of the American Disabilities Act (ADA) or the Age Discrimination in Employment Act (ADEA) must follow the abovementioned guidelines. However, persons alleging violations of the Equal Pay Act (EPA) are not required to file a charge of discrimination with the EEOC, those persons may file such claims in federal court.
 

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On June 10th 1963, President John F Kennedy signed the Equal Pay Act into law, to prohibit discrimination “on account of sex in the payment of wages by employers engaged in commerce or in the production of goods for commerce�

The (EPA) was seen as a vehicle to improve the conditions of the American labor force, which had been become mired with disputes arising from wage disparities between male and female employees.

According to Borgna Brunner, until the early 1960s, newspapers published separate job listings for men and women. Jobs were categorized according to sex, with the higher level jobs listed almost exclusively under “Help Wanted—Male.� In some cases the ads ran identical jobs under male and female listings—but with separate pay scales. Separate, of course, meant unequal: between 1950 and 1960, women with full time jobs earned on average between 59–64 cents for every dollar their male counterparts earned in the same job.

At the time of the EPA’s signing, there were about three female employees for every seven male employees. The female employee earned less than 60 cents for every dollar earned by a male employee. Female employees also received fewer benefits.

Since the signing of the EPA, there were two important court rulings which tightened its interpretation and enforcement. In Schultz v. Wheaton Glass Company 421 F2d 259 (1970), the court ruled that jobs only needed to be “substantially equal� but not “identical� to fall within the EPA. In Corning Glassworks v. Brennan 417 U.S. 188 (1974), the court ruled that employers cannot justify paying women less because of their availability to work day shifts as opposed to men who were paid more to work nights shifts aka “going market rate.�

Today, almost half a century later, the American labor force is still burdened with violations of the law against compensation discrimination. Although there are significantly more female employees than ever before, female employees still only earn a little over 75 cents for every dollar that male employees earn for a “substantially equal� but, not “identical� job.

As reported by the National Equal Pay Task Force, “the ‘gender gap’ in pay still persists� – and is even greater for females of color. According to its findings, African-American female employees earned 64 cents and Latina female employees earned 56 cents for every dollar earned by a Caucasian male employee.

According to President Barack Obama, “Right now, women are a growing number of breadwinners in the household. But they’re still earning just 77 cents for every dollar a man does—even less if you’re an African American or Latina woman. Overall, a woman with a college degree doing the same work as a man will earn hundreds of thousands of dollars less over the course of her career. So closing this pay gap— ending pay discrimination—is about far more than simple fairness. When more women are bringing home the bacon, but bringing home less of it than men who are doing the same work, that weakens families, it weakens communities, it’s tough on our kids, it weakens our entire economy.�
It is quite simple, male and female employees should receive “equal pay for equal work.�

According to the , in 2011, there were 919 EPA complaints filed against employers. This statistic represents a significant decrease in equal pay charges being filed over the past ten years – which may indicate that employees are frustrated with the process or may be filing more lawsuits directly in the courts.

On June 5, 2012, Senate Republicans “blocked� H.R. 1519 aka “.� The “� was proposed to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.

If you feel that you’ve been the victim of compensation discrimination, or would like to have an attorney review your documents to ensure that your rights are protected, contact the New York Compensation Lawyer at ¸£Àû¼§., today. Your voice for justice.

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