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Workplace Justice

Workplace Justice

Author: Nisar Law Group

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Workplace Justice is a podcast discussing workplace issues. We cover topics and examples of various matters in employment law including pregnancy discrimination, how courts define a hostile work environment, whistleblowing, and everything in between. Workplace Justice is brought to you by the New York City employment and civil rights law firm Nisar Law Group. To talk to an employment lawyer at Nisar Law Group, visit http://www.nisarlaw.com or call 212-600-9534 for a free case evaluation.
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Although companies are finally getting on board about diversity and inclusion, there is still one issue that remains one of the greatest vulnerabilities that American workers face. Ageism. What can you do when you're considered to be “too old” to be hired or kept as a valuable member of the workforce? How do you fight age discrimination in the workplace? In this episode, we talked to Ashton Applewhite, an expert on ageism, TED Talk Speaker of Let’s end ageism, and the author of This Chair Rocks: A Manifesto Against Ageism, about the sad reality that older employees face and the increasing incidence of age discrimination in the workplace. Age discrimination can happen in any industry, and it can happen to anybody. But you should know that you can push back and take action. What You Will Learn From This Episode: 01:03 - What is Ageism? 03:06 - What aging in the workplace looks like as a human experience 08:00 - What motivates age discrimination in the workplace? 11:09 - Why ageism doesn’t get the same amount of attention and advocacy as other forms of discrimination 14:25 - The different ways a company can solve age discrimination issues in the workplace 18:00 - The emotional and psychological impact of age discrimination for employees 19:52 - How to protect yourself against age discrimination and what you need to do if you’re being subjected to it 21:01 - What is protected activity retaliation? Resources Mentioned: Yo, Is This Ageist? - https://yoisthisageist.com/  This Chair Rocks: A Manifesto on Ageism (book) - https://thischairrocks.com/order-the-book/  Old School - Anti-Ageism Clearinghouse - https://oldschool.info/  Age Equity Alliance - https://ageequityalliance.org/  The New York City Human Rights Law - https://www1.nyc.gov/site/cchr/law/the-law.page  Age Discrimination in Employment Act (federal) (ADEA) -https://www.eeoc.gov/age-discrimination  TED2017: Let’s End Ageism - https://www.ted.com/talks/ashton_applewhite_let_s_end_ageism?language=en  Connect with Ashton Applewhite: Website: This Chair Rocks - https://thischairrocks.com/  Facebook: @ThisChairRocks Instagram: @thischairrocks  Twitter: @thischairrocks LinkedIn: https://www.linkedin.com/in/ashton-applewhite-64658/ 
Workplace bullying has many faces. Just as it can manifest in many forms, it also has many ill-effects that doesn’t end when you leave the office.  People can be bullied at any age and in any situation. So in this episode, Linda breaks down what workplace bullying really is, how to identify the perpetrators, and what to do if you feel like you're the target. Linda R. Crockett MSW, RSW, SEP is a workplace bullying expert.  Linda completed her master’s degree in Clinical Social Work specializing in workplace harassment and bullying and has been a professional social worker for over 32 years. As a witness and target of Workplace Harassment and Bullying (including mobbing) in her own profession, her career is dedicated to the development of a Centre which provides Education, Intervention, Prevention, and Restorative / Recovery options for Employers and Employees impacted.  She completed additional training at the Workplace Bullying Institute in the USA and remains connected and supported as an Alumni member. Linda is an active member of the International Association of Workplace Bullying and Harassment (IAWBH). If you’re not sure if you’re a target of workplace bullies, listen to this episode and find out: 00:38 - How and why did Linda dedicate her career to become a workplace bullying expert 05:22 - What is workplace bullying? 10:03 - Who gets bullied, and who does the bullying? 13:49 - What happens when leaders are bullied by their team or subordinates 14:29 - Reasons that drive bullying behaviors 18:08 - The role of the H.R. department in workplace bullying 20:09 - When do negative behaviors become bullying behaviors 21:20 - The emotional, psychological, and physical impact of workplace bullying 24:51 - What are the early warning signs of bullying behaviors? 25:54 - What you need to do when you feel like you’re being bullied at work 29:41 - How can yoga and meditation help with the treatment of trauma 32:15 - What is the distinction between workplace bullying and unlawful harassment and discrimination, and how to navigate it under the law? 36:58 - What is the distinction between workplace bullying and a hostile work environment or a toxic workplace? Resources Mentioned: Workplace Bullying Institute (U.S.A.) - https://workplacebullying.org/ Alberta Workplace Bullying Research, Resources, and Recovery Center (Canada) - www.abrc.ca Connect with Linda R. Crockett: Website: Alberta Bullying Resource Center https://abrc.ca/ Facebook: https://www.facebook.com/workerssafety Instagram: https://www.instagram.com/workplace_bullying_expertise/ Twitter: https://twitter.com/BullyingAlberta LinkedIn: https://www.linkedin.com/in/abrc/
Within the last decade, there has been mounting evidence of discrimination & harassment against Muslims in many different aspects of the workplace. While employers equip themselves with tools and policies to combat the rise of religious discrimination, there is still an overwhelming number of Muslims claiming they’ve been mistreated on their jobs. At this point, education is critical to reducing Islamophobia. Ahmed Mohamed, Esq., Legal Director for CAIR-NY, was a former trial attorney for the CAIR National Office in Washington D.C., where he focused on combating religious discrimination and profiling. He also travels the country educating American Muslims about their rights and represented dozens of individuals profiled by law enforcement. In this episode, Atty. Ahmed talks about the issues experienced by Muslims in the workplace, the gruesome and shocking stories that they endured during their employment and, the things that you can do to protect yourself. Listen to this episode and discover: 01:40 - What is CAIR and its mission for the Muslim community? 02:30 - The types of cases and scenarios CAIR New York has been working on? 04:06 - Three common types of issues Muslim people frequently experience within the workplace 04:08 - What are the types of religious accommodations, how to request, and what to expect? 07:51 - The worst cases of discrimination and harassment of Muslims in the workplace 09:48 - What to do when you’re going through harassment and discrimination 11:20 - How CAIR New York takes action when you report an incident 12:46 - Can an employer legally deny an accommodation? 17:22 - Trump administration’s influence on the surge of discrimination and harassment of Muslims in the workplace 18:20 - What harassment and hostility looks like in the workplace 25:48 - Advice to employees on what to do during the holy month of Ramadan 26:29 - How CAIR helps employers prepare for Ramadan Resources Mentioned: Council on American-Islamic Relations (CAIR) - https://www.cair-ny.org/ Title VII of the Civil Rights Act of 1964 - https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 CAIR vs Cargill - https://www.cargill.com/2018/settlement-reached-on-behalf-of-cargill-somali-american-muslim CAIR-NY against CUNY - https://www.cair.com/press_releases/cair-ny-files-religious-and-sexual-harassment-complaint-against-cuny/ Connect with Atty. Ahmed Mohamed Website: CAIR New York www.cair-ny.org Facebook: https://www.facebook.com/ahmed.mohamed.18041/ Twitter: https://twitter.com/TheAhmedMohamed
When you have a criminal record, you might find it difficult to compete in today’s tight job market. Criminal record discrimination fails to account that many people learn from their mistakes. And that those people are trying so hard to make amends and start a new life. Job seekers with criminal records have some legal rights too and it’s important you know them. In this episode, you will learn: 01:09 - When can an employer legally take action against your employment (failure to hire or termination) based on your criminal record? 01:43 - What happens if you’re convicted? 01:48 - Two reasons why an employer can't deny you a job or terminate you. 02:29 -  What are the factors taken into consideration based on the New York State policy before an employer can deny you a job due to a criminal conviction? 05:59 - What is the Ban-the-Box Law of New York City? 07:26 - How did the recent New York City ban on pre-employment testing of marijuana affect the hiring practice of employers? 09:32 - Are there exemptions to the pre-employment testing of marijuana? Resources Mentioned: Fair Chance Act (New York City) - https://www1.nyc.gov/site/cchr/law/fair-chance-act.page Connect with Nisar Law Group: Need help? Call 212-600-9534 for a free case evaluation. Facebook: https://www.facebook.com/nisarlawpc/ Instagram: https://www.instagram.com/nisarlaw/ Twitter: https://twitter.com/nisarlaw Youtube: https://www.youtube.com/user/mahirnisar
It’s your last day of employment, and your supervisor hands you a severance agreement.  Your mind is now flooded with questions - “Should I sign?” “Can I negotiate the offer?” “Should I consult a lawyer?”  There are several key legal and economic issues that should be considered when negotiating a severance agreement. So it’s important to speak up and get some help.  Plus, you might not know how to take full advantage of your options.  So how does exactly a severance agreement work?  In this episode, you will learn:  00:35 - What should an employee need to do when he/she receives a severance package or agreement?  03:18 - Is there a right to receive severance?  03:50 - What is a severance agreement, and why are you being offered one?  04:47 - What you need to do if you are offered severance, and you have a legal concern about the nature of the separation  05:51 - What is the strongest piece of leverage employees have against the company if they are offered severance?  07:38 - Employee Concern: “I have a potential legal claim against my employer. If I will raise the issue with the company, they might take the offer off the table. What should I do?”  11:50 - How to negotiate your severance when you have little or no leverage to enhance it  17:21 - What you need to do if you are given a short deadline to review and sign the severance agreement  Resources Mentioned: Severance Agreement and Release of Claims - https://www.eeoc.gov/laws/guidance/qa-understanding-waivers-discrimination-claims-employee-severance-agreements#II Connect with Nisar Law Group:  Need help? Call 212-600-9534 for a free case evaluation.  Facebook: https://www.facebook.com/nisarlawpc/ Instagram: https://www.instagram.com/nisarlaw/ Twitter: https://twitter.com/nisarlaw Youtube: https://www.youtube.com/user/mahirnisar
In this pilot episode, we talked about the pressing issues you will expectedly encounter as you get back to work, trying to adapt to the new normal.  Despite the known health risks, life continues, and you have to deal with restrictions, safety precautions, and policies on top of everything else. At the end of this episode, you will be armed with the knowledge and confidence to deal with the different workplace issues related to this pandemic. What You Will Discover In This Episode: Your options as a parent or someone who cares for a family member with an underlying health condition How to request for a work accommodation as a COVID-19 survivor The steps you need to take to protect your health as a person with co-morbidities How to deal with a hostile work environment as a worker with an Asian background What to do when you see a violation and how to protect yourself What You Will Learn From This Episode: 01:09 - Options for parents with kids when returning to work  04:00 - Options for employees living with family members with underlying health conditions (high-risk family members)  07:36 - How do high-risk workers (with underlying conditions) deal with reporting back to work in the middle of a pandemic? 12:33 - How do workers with Asian backgrounds deal with the workplace and protect their rights?  16:02 - What workplace rights do employees have when reporting a violation of the law? (New York Labor Law 740)  19:21 - Reporting workplace safety violations and how to protect yourself  Resources Mentioned:  Family Medical Leave Act (FMLA) - https://www.dol.gov/agencies/whd/fmla  Families First Coronavirus Response Act: Employee Paid Leave Rights - https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave Americans with Disability Act - https://www.dol.gov/general/topic/disability/ada HIPAA - https://www.cdc.gov/phlp/publications/topic/hipaa.html Non-Retaliation Policy - https://www.eeoc.gov/retaliation New York Labor Law 740 - https://nyassembly.gov/leg/?default_fld=&bn=A5696&term=2013&Memo=Y Office of Safety Health Administration (OSHA) - https://www.osha.gov/ Connect with Nisar Law Group: Need help? Call 212-600-9534 for a free case evaluation.  Facebook: https://www.facebook.com/nisarlawpc/ Instagram: https://www.instagram.com/nisarlaw/ Twitter: https://twitter.com/nisarlaw Youtube: https://www.youtube.com/user/mahirnisar
When sharing the good news with your boss and coworkers, discrimination might be the last thing on your mind.  The truth is many women experience unfair treatment - or even got fired - after revealing the news of their pregnancy.  If you’re pregnant and working, as a start, know your legal rights.  In this episode, we discuss:  00:29 - The legal rights of a pregnant woman within the workplace 01:33 - How to handle pregnancy discrimination in the workplace 03:57 - Are you entitled to maternity leave? 06:01 - What you should do when you found out you’re pregnant 11:33 - Examples of pregnancy discrimination  Resources Mentioned:  Pregnancy Discrimination Act of 1978 - https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978 Family Medical Leave Act (FMLA) - https://www.dol.gov/general/topic/benefits-leave/fmla New York City Human Rights Law - https://www1.nyc.gov/site/cchr/law/pregnancy-legal-guidance.page New York State Human Rights Law - https://www.ny.gov/working-while-pregnant-know-your-rights/pregnancy-rights-employees-workplace Young v. United Parcel Service, Inc. - https://www.oyez.org/cases/2014/12-1226 Connect with Nisar Law Group:  Need help? Call 212-600-9534 for a free case evaluation.  Facebook: https://www.facebook.com/nisarlawpc/ Instagram: https://www.instagram.com/nisarlaw/ Twitter: https://twitter.com/nisarlaw Youtube: https://www.youtube.com/user/mahirnisar
Workplace Justice is a podcast discussing workplace issues. We cover topics and examples of various matters in employment law including pregnancy discrimination, how courts define a hostile work environment, whistleblowing, and everything in between. Workplace Justice is brought to you by the New York City employment and civil rights law firm Nisar Law Group. To talk to an employment lawyer at Nisar Law Group, visit www.nisarlaw.com or call 212-600-9534 for a free case evaluation. 
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