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New York City Law Blog

Your Civil Rights Are Precious

Can I do anything about workplace rudeness?

Having to work in an environment in which you are not happy is always a problem. In fact, unhappiness is often why people leave a job. There is something that is happening more often in work environments around New York that is leading to issues in the workplace and causing people to feel unhappy with their situation. This issue is called workplace rudeness. According to the Huffington Post, workplace

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What is Ban the Box?

When you have filled out a job application in the past in New York City, you probably have had to check a box saying whether or not you have been convicted of a felony. Typically, if you answer "yes," you are given a chance to explain the situation in a few lines below the checkbox. However, most applicants know that checking that box in the affirmative means the

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What does one need to prove sexual harassment?

We expect our workplace to productive and safe. However, sometimes it becomes a hostile environment. The law does not protect against gross incivility, or what I will call "general harassment." The harassment has to be based on your rights under local and federal laws. The most commonly known form of harassment is sexual harassment, but also illegal are racial harassment, sexual orientation harassment, etcetera. You may report the

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Can police search without a warrant?

Most New Yorkers are aware that police cannot search homes or persons without a warrant. However, you may be surprised to learn that a search warrant is not always required. If a police officer asks to search your property, how do you know if you have a right to privacy or if you must allow access? Certain circumstances overrule the need for a warrant While the Constitution's Fourth Amendment offers protection

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You are entitled to be treated civilly, even if you are under arrest

New York City is one of the centers of modern civilization, and I am proud that I am here. However, we also know that the level of civility differs by neighborhood, especially, alas, in the way in which police officers sometimes exceed their authority to use force. If you have lived in the city for any length of time, it is likely you have heard of at least one

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What you should know about the plain view doctrine

The Fourth Amendment to the Constitution places strict prohibitions against unreasonable search and seizures of your property, so if a New York City police officer wants to search your vehicle, the officer must meet specific conditions, such as possessing a search warrant, or if the officer has probable cause to believe that the vehicle possesses incriminating evidence. Additionally, the "plain view" doctrine may also lead to an officer

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What is color of law?

When it comes to enforcement of civil rights violations, most of them will be violations made under the phrase "color of state law." Many New York cases may deal with this concept. The Department of Justice explains that color of law basically means anyone acting on behalf of a government entity, like a cop. When a person is acting under color of state law and causes damages, going

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Your guide to discrimination in the workplace

Discrimination in the work place is not uncommon. It happens often in New York. And yes, it could happen to you. Here’s what you need to know. “In the workplace” refers to all areas of employment, including: Benefits Firing Hiring Job assignments Layoffs Pay Promotions Training The U.S. Equal Employment Opportunity Commission recognizes twelve types of discrimination in the workplace. Some are obvious,

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Why you must complain of discrimination if it occurs in the workplace

When an employee stands up and complains of discrimination, they engage in what anti-discrimination laws consider a protected activity. It need not even result in your termination - merely a change and conditions of employment that would dissuade a reasonable employee from making a complaint of discrimination. According to the U.S. Equal Employment Opportunity Commission, and in my own practice I see that an employee who reports unlawful

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New York based staffing company accused of discrimination

The United States Equal Employment Opportunity Commission (EEOC) has filed suit against a staffing company based in New York. The suit alleges the company used illegal discriminatory hiring practices by "either refusing to hire highly qualified black applicants or placing them in the lowest paying, least desirable jobs." Elaboration on allegations: Discrimination and retaliation within the workplace The EEOC has accused the company of hiring practices that are in direct

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