Uncategorized - Page 15 of 27 - D'Orazio Peterson PC

A stethoscope, a gavel, a book, and some paperclips lay on a table together

The Misguided Thinking Behind Tort Reform

Posted on March 16, 2017

Last week, the United States House of Representatives passed several measures that could collectively be described as “tort reform.” These include limitations on class actions, sanctions for “frivolous” lawsuits and caps on damages in medical malpractice lawsuits. It might be easy to get on board with these measures if...

Sterling Jewelers And The Anonymous Tip Line

Posted on March 9, 2017

The New York Times recently reported on a massive class action case against Sterling Jewelers, the parent company of among others Jared and Kay Jewelers. The case involves allegations of unequal pay, and includes allegations of sexual harassment, gender discrimination and retaliation by 69,000 current and former employees of the company.

Two men in suits reviewing a document together

Severance Agreements And Being Paid For Silence

Posted on March 3, 2017

A recent article in the Albany Times Union highlighted a very common but somewhat unknown employment occurrence - the severance agreement with confidentiality provision. The article was about four former employees of SUNY Polytechnic - the well known Albany school that for years was led by...

Man looks at and interacts with his cell phone while behind the wheel of a car

CAN YOU BE FIRED FOR WHAT YOU DON’T SAY?

Posted on March 2, 2017

The ride share company Uber has had a rough couple of weeks. First, the company was jolted when a former employee wrote a blog post detailing her experience with sexual harassment while employed as an engineer. Then came revelations of an altercation between Uber's CEO, Travis Kalanick,...

DAY WITHOUT A WOMAN – CAN YOU BE FIRED FOR STRIKING?

Posted on February 28, 2017

Organizers of the Women's March have designated March 8 (International Women's Day) as “A Day Without a Woman”. They are calling for a general strike, meaning women would not attend work, school, shop or perform domestic duties, among other things. More on that here. While there...

UBER – AND HOW NOT TO RESPOND TO SEXUAL HARASSMENT

Posted on February 22, 2017

A blog post by a former employee of the ride sharing company, Uber, has been making serious waves in the news world of late. In the post Susan Fowler, a former engineer at the company, describes among other things her significant problems in dealing with both

Venus Williams Doug Adler And The Trouble With Language

Posted on February 16, 2017

During the Australian Open, ESPN announcer Doug Adler said that Venus Williams was employing a “gorilla/guerilla effect” during her match. Which of those words he meant to say is significant because describing an African American as a “gorilla” is racist. Whereas, according...

“I’M NOT THE TYPE OF PERSON WHO SUES” – AND OTHER MISCONCEPTIONS

Posted on February 9, 2017

We meet and talk with many people each week who are suffering or have suffered some injustice, and in the course of those meetings and discussions we've observed some common themes. "I'm not the type of person who sues". This is probably the most common...

Does Quitting My Job Hurt My Sex Discrimination Lawsuit?

Posted on February 6, 2017

Sex discrimination can take many forms. It can be obvious – such as a pay discrepancy between men and women performing the same tasks; or it can be subtle – such as a slow failure to promote a woman despite qualifications over a longer period. Sometimes sex discrimination can also be extreme,...

The Most Common Form Of Disability Discrimination

Posted on January 27, 2017

Discrimination based upon a disability (link) can take many forms. An employer can fail to accommodate a disability (link), or can refuse to hire because of a disability (link). By far the most common type of disability discrimination that we see in our practice, however, takes the form retaliation following a medical...

WHY WE MARCHED

Posted on January 22, 2017

We marched in Albany on Saturday, January 21, 2017 in support of the Women's March on Washington and the sister marches that took place all over the world. The vibe was peaceful, hopeful, determined, positive. There were lots of kids and people from all walks of life. Why did...

3 COMMON DEFENSES TO PREGNANCY DISCRIMINATION CLAIMS

Posted on January 21, 2017

Pregnancy discrimination (link) happens every day. Sometimes it appears overtly: comments about the pregnancy, child care needs, or ability to work; but often it appears more subtly – reassignment of duties following a leave, for example. In either case victims of pregnancy discrimination have the right to step forward and make a...