03/24/2020
The new global pandemic, caused by the Covid-19 virus, has upended life as we know if for so many workers in a wide variety of industries. It no longer matters how good you were at your job or how stable you think your company is if it is in one of the industries that is being asked to shut down or limit services.
However, the Coronavirus does not change the fact that you cannot be discriminated against because of your Race, Religion, Nationality, Gender, Age, Pregnancy, Disability, Sexual Orientation or past Criminal Conviction. Covid-19 does not change the fact that you cannot be s*xually harassed at work. Work from home rules have changed, but discrimination laws have not.
New York is an at will employment state, so businesses have the right to lay off workers at any time, for almost any reason. If “business is slow” (or even non-existent) an employer can lay-off workers or furlough employees until “the storm has passed”. An economic downturn and a sharp decrease in business, either real or perceived, is certainly a reason to lay off employees.BUT, employers cannot make termination or furlough decisions based on an employee’s race, nationality, religion, gender, pregnancy, s*xual orientation or s*xual harassment. Likewise, and employer cannot make termination or furlough decisions because an employee had complained about that type of discrimination.
Most importantly, even if you are now working from home, or not even working, because of the coronavirus, this does not erase the harassment, discrimination, or hostile work environment which you may have experienced before coronavirus was even news. Employees have rights. And the coronavirus has allowed many people to work from home and therefore reflect on how toxic and discriminatory the office environment actually was. Similarly, if you have been asked to go into the office while most other employees have been able to “work from home”, that can be a form or harassment or retaliation if you have been “singled out” based on your race, nationality, s*xual harassment, etc. (or complaints about that type of harassment.)
Unfortunately, due to the coronavirus, there has been an increase in harassment and retaliation against Asians and Chinese because this particular virus originated in China. Media coverage is often less than politically correct and news overseas should not impact individuals here. However, reality can be different.
If you are now working at home, and you dread returning to work in 3-4 weeks, or even longer, because of discrimination at your workplace. We may be able to help.
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