Blog • Crumiller P.C.

5 Common Manifestations of Illegal Gender Discrimination in the Workplace

Gender discrimination in the workplace is illegal, and occurrences are more regular than you may think. In fact, some forms of gender discrimination are so subtle that you may not even realize that you’ve been discriminated against. The Pew Research Center released the statistics on gender discrimination in the United States back in December 2017. Here are five common ways that you may experience or be experiencing gender discrimination in the workplace. Position Bias Unfortunate as it may be, there still exists a cultural belief that some genders are better in certain jobs than others. For example, a woman might seem like a better fit as a secretary or nurse than a man. Likewise, a man might seem like a better fit as a boss or doctor than a woman. We all know this cultural bias exists, and it’s important to realize that position bias truly impacts both genders. Everyone is legally allowed the right to work in their chosen career field. Interview Questions If you’re in an interview and you are asked questions about whether you plan on having kids and raising a family, that’s a form of gender discrimination. Even though both males and females can parent evenly, it’s often the maternity leave time and additional insurance expenses that perpetuate this line of questioning. No matter what the motive, even if it seems like small talk, these kinds of questions are illegal. Pay and Benefits It has been studied and documented that women in many industries receive-

What You Need and How to Apply for the Paid Family Leave Benefits Coming to New York in 2018

If you are an employed New Yorker, you are paying into Paid Family Leave (PFL) benefits. You can take PFL whenever you have a new child (whether through birth, adoption, or foster care), when you have to care for a family member, or when you are deployed by the military. In a previous blog, we discussed the eligibility requirements for PFL. In this blog, we’ll list the documents that you’ll need and how to apply for the PFL. If you believe or have been unfairly denied Paid Family Leave as required by New York state law, we are ready to fight for your rights. Please don’t hesitate to call us at (212) 390-8480. Important Disclaimer: This is meant to be a short guide; for the latest information on the process, please visit the New York State Department of Labor website. This process may vary from employer to employer, so be sure to contact your human resources department. What You’ll Need to Apply for PFL As you receive paperwork regarding your situation, collect it. Until you’re certain which documents your employer will require, it’s best to have them all. When applying for maternity leave, if you are the birth mother, you need your child’s birth certificate and documentation of your pregnancy or delivery from the health care provider (with your name and the baby’s due or birth date). If you are the second parent, you need a copy of the child’s birth certificate or a letter verifying paternity and a documentation of-

What are the Eligibility Requirements for Paid Family Leave in New York?

Having a baby is an exciting event in your life. Whether it is your first or you are already a seasoned parent, every new child is truly a blessing. One worry that many parents have, however, is how it will impact their employment. Fortunately for both moms and dads in New York, most employees will qualify for paid family leave. Learning about the eligibility requirements will help you to prepare for the future, and know what to expect in your position. The following eligibility requirements are the minimum requirements required by state law. Many employers have their own policies that are more generous than what is strictly required, so while this article will provide an excellent starting point, you should reach out to your manager or HR department to get the specific policy from your company. Hours Per Week & Years of Service In order to qualify for paid family leave, employees need to be with the company for a set amount of time, and work a minimum number of hours per week. The breakdown is as follows: Schedule of 20+ hours per week – Employees who have a regular work schedule of 20+ hours per week will qualify for paid family leave after they have been employed with the company for 26 weeks. Schedule of less than 20 hours per week – Any employee who is scheduled for less than 20 hours per week (on average) will qualify for this benefit after 175 days worked. Qualifying Events In most-

Five Things to Do if You are Being Sexually Harassed at Work

As much as we wish it weren’t the case, sexual harassment in the workplace is still a surprisingly common and disturbing experience. Fortunately, there are laws and protections in place to help ensure those who are sexually harassed are able to demand a safe and fair workplace. If the victim is not granted relief, the harasser and/or the employer can be sued in a court of law. Sexual harassment can include a wide variety of different things including harassing comments, persistent sexual advances, inappropriate touching, and more. It can also include actions like having managers only invite the men to a team building event, or only giving promotions to females. If you have been sexually harassed in the workplace, make sure you do the following five things to protect yourself and your legal rights. Protect Yourself The first, and most important thing to do is make sure that you are safe. If you are being physically threatened or touched in dangerous way, remove yourself from the situation. All the other tips in this post are secondary to this one. Protecting yourself could mean going immediately to your boss, calling the police, or just leaving work and not coming back until you are safe. Learn Your Corporate Policies Virtually all companies today have an official policy on sexual harassment. In addition to forbidding inappropriate actions, the policy will also tell you how you should handle reporting it, and what obligations you have to fulfill. As soon as possible, become familiar with-

A Brief Guide to the Pregnancy Discrimination Act (PDA)

Few things can bring as much excitement and joy to your life as learning that you are pregnant. For far too many women, however, that joy is quickly stifled when they begin experiencing discrimination from their employer. Fortunately, there are legal protections in place that can help to guarantee your rights in these situations – but you need to know what your rights are, and how to demand them. Specifically, learning about the Pregnancy Discrimination Act is a great way to understand your rights. What is the PDA? The Pregnancy Discrimination Act was originally passed in 1978, and is a part of Title VII of the Civil Rights Act of 1964. This act is designed to help protect the rights of the millions of women who may become pregnant at some point during their careers. It is a fairly extensive piece of legislation, which governs virtually all aspects of employment including hiring, promotions, pay, firing, disciplinary actions, and employment benefits. This act applies to all employers that have fifteen or more employees. Although smaller employers aren’t covered under this act, however, they can’t legally directly discriminate against pregnant women either. What Rights Does it Protect? The PDA offers many protections against discrimination, which pregnant women are often a victim of. These protections apply not only to women who are pregnant, but also those who may become pregnant. Some specific rights that are protected include: Getting Fired – Employers may not terminate employment because you file a complaint against them for-

6 Tips to Help Expecting Mothers Negotiate Maternity Leave

If you are pregnant, or trying to become pregnant, you undoubtedly have a lot on your mind. For many working women, one of the biggest worries is job security with a growing family. While some companies offer up to twelve weeks of unpaid leave when an employee has a child, it is often possible to negotiate a better arrangement. Offering new moms the time they need to recover from childbirth, bond with their baby,, and spend time with their growing family is a great option for employers and employees . That said, it can still be a difficult conversation to have at work if you’re not prepared. The following six tips can help you successfully negotiate to create the maternity leave that best suits you: Understand the Company’s Leave Policies First, it’s critical to read through your employee benefits handbook. This will help you learn what maternity leave options are available, so that you can ask for something better later; you want to enter the process with all the facts. If your company doesn’t currently offer maternity leave, research other leave options such as personal leaves of absence, the Family Medical Leave Act (FMLA) and other alternatives such as modified work schedules. It may be possible work with your employer and adapt one of these options to meet your needs. Start the Process Now The earlier you start negotiation, the better. Giving your colleagues time to plan for your absence frequently makes it easier for managers to approve your request.-

5 Red Flags for Pregnancy Discrimination in the Workplace

Pregnant businesswoman working in office

Discrimination in the workplace isn’t always obvious. When employers and coworkers treat you differently because of your pregnancy, they may be doing so unconsciously or even out of (misplaced) concern for you — but in many cases, such treatment comes down to discrimination. If you’re pregnant, you’ve recently had a baby, or you’re considering starting a family in the near future, it’s important to arm yourself with knowledge of your employment rights. Take a look at the following scenarios for some common warning signs of pregnancy discrimination. 1) Everyone’s a critic. If your employers are gearing up to fire or demote you, they may start to build up justification through negative performance reviews. You may notice a suspiciously-timed increase in criticism, as well as a harsher tone and more variation in the type of negative feedback you receive. This treatment is always alarming, but is especially so if you generally enjoy good relationships with your co-workers and supervisors.. In rare cases, you may even notice complaints, backhanded or direct, about your performance specific to your pregnancy. 2) You’re feeling left out. Red flags don’t always show in the form of direct feedback or confrontation. When it comes to a deserted email inbox or an unusually blank calendar, you may note an absence of communication more than an abundance of criticism. If you’re missing out on meetings, networking events, or other important communications that you would normally receive, you may be looking at a subtle symptom of pregnancy discrimination. 3) Your-

Why Having ADD Makes Me a Great Attorney

Originality. Creativity. Charisma. Energy. Liveliness. An unusual sense of humor. Areas of intellectual brilliance. Spunk. About 90% of the compliments I receive mention these qualities. And it’s no coincidence that these are the traits common to those with ADD. ADD (aka ADHD – the terms are interchangeable) is highly misunderstood. Some people might ask, why on earth would I want an attorney who is unable to focus, unable to remember anything, hyper-fidgety, and always distracted? Truly, you wouldn’t want that. But that’s not really what ADD is. In fact, ADD is a collection of traits that makes me an excellent attorney. Here’s the real truth about those of us gifted with ADD. We think super fast. The main difference between the ADD brain and the regular brain is speed. People often come into my office with a large pile of papers and are astonished at the speed with which I immediately identify and hone in on the key facts and the important issues. For us, our brains work at a rapid fire pace; ADD is sometimes described as like having a race car brain. Fast thinking is the ultimate trial attorney skill. I can’t tell you how important it is, when your mind is racing for an objection, when you’re analyzing a direct examination and figuring out which questions to ask on cross, when a judge asks you a question and you have to come up with reasoning on the fly that is logical and legally sound, not to be the one who-

How to Negotiate With Your Jerk Boss: A Litigator’s Guide From the Trenches (Part I)

Every woman who strives for success, to attain the best for herself and her family if she has one, must negotiate at some point in her life. Negotiation is scary and unpleasant for many, because it involves confrontation, and many people haven’t developed the skills yet to handle confrontation without stress. Negotiation with your boss is even worse: (A) you’re in the position of lesser power, and (B) you may feel like your ego is on the line. Negotiating with your boss is hard for everyone, but especially for women. Women who correctly assess their own worth, and make demands accordingly, are harshly evaluated. It’s not our place; we should be nicer (quieter); we should demand less; we’re less important, less valuable, less deserving. You know that is false, and so do I. But we also live in the real world and so, as savvy negotiators, we’re going to deftly incorporate navigating this bullshit to all the other stuff we have to do to achieve success. More money, more leave time, better benefits, more flexibility: it is there for you if you’ve done the preparation and you have the fortitude to demand it. To get the results you want, you need to engage your heart, your brain, your muscles, AND your steel ovaries. Ready? STEP ONE: DECIDE WHY. Step one is the “heart” step. Whether you want more money, time off, or something else, don’t start with figuring out the details. Figure out why this is important to you. Do-

Five Reasons Why Experience Matters

As I round the end of my first decade of practice, I recently had occasion to reminisce about my very first trial in March 2008. Remembering the stress and anxiety is fun in retrospect, although when you’re new to trials, the experience is somewhat petrifying. Thinking back to my early days as a trial attorney makes me come to appreciate the importance of the skills you learn over time that come only with experience. Here are five reasons why it’s important to have an experienced trial attorney on your team when you are fighting to get the result you want, whether you’re prosecuting or defending a case. (1) More forceful negotiating. Though they would never admit it, most attorneys want to avoid trial if at all possible. It is time consuming, tiring, and requires a lot of focus. You’ll look like an idiot if you’re not familiar with the facts of the case and the rules of evidence. While most attorneys want to avoid trial, this motivator becomes much stronger for the inexperienced practitioner, whose negotiations will inevitably be impacted. I usually want to avoid trial too, if only because it’s expensive for my clients. But I always visualize how a trial is likely to go very early on in the case. If you are “trial ready”, even just mentally, you can’t help but advocate more forcefully for your client. (2) Maintaining clearer focus on the big picture. A big part of what I do is winnowing down information. 30-