Phillips & Associates

Jesse Weinstein Discusses Impact of Remote Work on Employment Discrimination for Lawyer Monthly

Many workers have needed to work remotely during the COVID-19 pandemic. Recently, Jesse Weinstein of Phillips & Associates spoke to Lawyer Monthly about discrimination when employees are working remotely. If you have faced employment discrimination during remote work, you should discuss your situation with the experienced New York City employment discrimination attorneys at Phillips & Associates. We may be able to pursue damages on your behalf.

Employment Discrimination During Remote Work

Jesse Weinstein of Phillips & Associates spoke to Lawyer MonthlyThe pandemic has had widespread economic effects. It has caused many layoffs, furloughs, and work-from-home arrangements. While you might assume the reverse to be true, many supervisors more carefully scrutinize employees’ work product and time management during remote work. Unfortunately, many employees have needed to work with greater intensity to counter this tendency. Even though working remotely can increase efficiency through the use of tech platforms, it can also increase the speed and boldness with which harassers send improper texts or messages. During remote work, retaliation has also occurred within a shorter window of time after an employee engaged in a protected activity, such as reporting illegal harassment.

Discrimination occurs when an employer takes a negative step toward an employee based on a protected trait, such as disability, race, gender, pregnancy, sexual orientation, or age. Sexual harassment is also a form of discrimination.

Familial Status Discrimination

Mothers have also been especially affected by the pandemic with regard to their work. Faced with closed schools and remote learning, mothers have taken on childcare and teaching, on top of full-time work. Mr. Weinstein has repeatedly found that employers discriminate against working moms for their familial status. Since mothers were primary caregivers, they were not promoted, they were treated disparately, or they faced gender-related comments about their ability to work. Often, men were promoted over women with equal qualifications, simply because they were not mothers, even in the context of remote work.

Hostile Work Environment

Your employer needs to maintain a workplace that is not a hostile work environment, even when employees work from home. Employers can be held accountable for discrimination and harassment that result in a hostile work environment. Similarly, they can be held accountable if they know about harassment but do not immediately look into it or stop it from occurring in the future.

Local and state laws provide broader protections than the federal laws enforced by the Equal Employment Opportunity Commission (EEOC). Under federal anti-discrimination laws, you would need to establish a hostile work environment by showing that there was pervasive and severe harassment. However, the New York State Human Rights Law and the New York City Human Rights Law do not require that this stringent standard be met by the employee. Instead, the employer bears the burden of proving that the harassing conduct was nothing but a trivial inconvenience or petty slight. Harassment could include racial slurs, sexual advances, and remarks about other protected characteristics, even if they occur from a distance or when not in each other’s physical presence. Notably, many harassment cases have greater evidence than they did before because harassers leave behind digital footprints.

Reasonable Accommodations

During the pandemic, many employers have failed to provide reasonable accommodations to employees with disabilities as they are required to do under state and city laws. If you can show that your disability meets the statutory definition, and the employer knew of it, you could perform essential job functions with reasonable accommodations, and your employer failed to provide an accommodation, you may be able to establish disability discrimination. During the pandemic, requests for reasonable accommodations have risen.

An employer must provide an accommodation, even if it is not the precise accommodation that you requested, so long as it does not pose an undue hardship. Employers cannot merely say that there are economic reasons for failing to provide any sort of reasonable accommodation for a disability.

Consult an Experienced New York City Attorney

Your workplace rights have not changed because you work from home. During the pandemic, Mr. Weinstein has represented many people who were terminated, placed on a Performance Improvement Plan, or suspended after complaining about discrimination. If you are concerned about discrimination during remote work, one of the experienced trial attorneys at Phillips & Associates may be able to represent you. We assist employees in Brooklyn, Manhattan, Queens, Staten Island, the Bronx, and Nassau, Suffolk, and Westchester Counties, as well as New Jersey, Pennsylvania, and Florida. Call us at (212) 248-7431 or complete our online form.

PHILLIPS & ASSOCIATES
45 Broadway, #430
New York, NY 10006
Tel: 212-248-7431
Fax: 212-901-2107

Client Reviews
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Phillips & Associates did a wonderful job. I would recommend Brittany Stevens. Angel
★★★★★
Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone. Margaret
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I called at Phillips & Associates seeking for a consultation and I was very pleased with the conversation I had with Eugenio Benvenuto. He was able to answer my questions thoroughly and gave me reassurance. I highly recommend their practice. Giulia
★★★★★
Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman and Eugenio Benvenuto. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
★★★★★
Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen