Please note that the information contained in this blog is for informational purposes and is not to be considered legal advice. This blog does not create or imply an attorney-client relationship. Satter Ruhlen Law Firm makes no representation that the information herein reflects the most current state of the law. This blog is not a substitute for consultation with an attorney licensed in your jurisdiction. If you would like to discuss your particular circumstances with us, please set up a consultation by contacting the Satter Ruhlen Law Firm at 315-471-0405 or through our website (https://www.satterlaw.com/contact-us/). We look forward to walking you through your workplace rights.
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Looking For Love In All The Wrong Places: What Employees Should Know About Dating Coworkers
Nothing is quite as fraught as workplace romance. Quite apart from whatever euphoria the participants may experience, the situation can cause a lot of tension, headache, rumors, and tears—not only for the participants, but also for onlookers, clients, friends, and even the boss. Nothing makes a workplace lawyer cringe like a potential client saying, “Well, we started seeing each other on the side…” Here are some things that every worker should know:
First A Word About Sexual Harassment:
If someone is pressuring you to be in a relationship at work, that is called sexual harassment, and you don’t have to put up with it. Report that s*** to HR (via email!), use the words “sexual harassment,” and call a lawyer.
Superiors Dating Subordinates:
When a superior dates a subordinate, it automatically appears that someone is taking advantage of someone else. Even if the participants think it’s totally consensual, there’s no way to separate the imbalance of power from that relationship. Imbalance of power usually means sexual harassment.
Additionally, it raises concerns about favoritism. Now, favoritism isn’t, in and of itself, illegal, but it can start to get illegal-adjacent if someone is getting special treatment for reasons other than their merit. It definitely gets the favorer and the favor-ee disliked by coworkers.
Superiors who date subordinates are especially vulnerable to charges of sexual harassment. No matter how caring and wonderful they think they are being, that power dynamic is a real problem. Word to the wise: by the time it gets to a lawyer, jobs and careers have already been destroyed.
If you ask a workplace lawyer, the lawyer is probably going to say: Don’t date subordinates. Also, don’t date supervisors.
Coworkers Dating Coworkers:
If it’s two people of the same rank dating each other, the questions still come up: How consensual is it? Is someone just acquiescing to try to keep the peace? If they break up, does everyone have to choose sides? If they break up, is someone going to accuse the other one of harassment?
Before getting into a relationship with a coworker, think about this: If this goes south, someone is probably getting fired. It might be both of you.
If you ask a workplace lawyer, the lawyer is probably going to say: Don’t date coworkers.
TMI:
Workplaces are serious rumor mills. No matter how discrete the participants believe they are, there’s always some Nosey Parker who would rather dig around in someone else’s business than do their own job. Whether the couple is spotted getting lunch together or someone just senses some chemistry, the rumors will fly.
Once the rumors are going, they will not stop. Telling Nosey not to gossip is like telling fire not to burn. Those rumors are going to spread, and they are going to damage reputations. PS., those damaged reputations are not the legal goldmine you might have seen on TV. There’s no statute (at least not one that we’ve run into) saying it’s illegal to say dreadful things about your coworkers, at least not in the absence of some more concrete harm.
Some employees feel they have a duty to report workplace romances. There’s no legal duty to do so (unless someone is underage and you’re a mandated reporter). There might be an ethical duty if you’re some kind of fiduciary and the romance is harming stakeholders. There might be a workplace policy that says you’re required to report, which means if you don’t report, you could be accused of insubordination. If you’re struggling with whether to report, it’s worth a conversation with an attorney.
If you ask a workplace lawyer, the lawyer is probably going to say: Don’t gossip. Don’t report until you’ve got good legal advice.
Workplace Policies:
There may very well be a section of the employee handbook that tells you not to date your coworkers. It may say that you have to disclose your own dating, or that if you detect someone else’s dating you have to disclose it for them.
The policy is not the law, but it is the law of that particular workplace. In other words, as an employee, you don’t have much ability to enforce the handbook (although there are times when the handbook can be useful evidence). But if you violate a workplace policy, it may give the employer an excuse to discipline or terminate you.
If you ask a workplace lawyer, the lawyer is probably going to say: Get good legal advice to determine how to handle that workplace policy.
“Love Contracts”
Some employers have tried out so-called “Love Contracts.” These are documents signed by the participants stating that the relationship is consensual, acknowledging prohibitions on sexual harassment and retaliation, requiring the individuals to behave professionally, avoid favoritism, requiring the individuals to report harassment or retaliation if the relationship ends, requiring the individuals to report the end of the relationship to HR, prohibiting the participants from using the company’s property inappropriately… and on and on.
If your employer presents you with one of these, RUN, DON’T WALK to the nearest workers’ rights attorney and get it reviewed. DON’T SIGN IT without having an attorney look at it. You do NOT want to sign away your precious rights as an employee just so you can date some cutie down the hall, no matter how cute they are.
If you ask a workplace lawyer, the lawyer is probably going to say: What the heck is a Love Contract? Let me see that thing!
Whoops:
OK, so you ignored everyone’s advice and got involved with a coworker. What do you do? Lawyer answer: it depends. But seriously, have a look at any employee handbooks or policies floating around. These will help you understand the employer’s expectations. Also, thinking about what you’d do if the worst happened and you got fired. Update your resume. Start working your network. Do it now while your reputation is still intact.
If you really think you need to disclose the relationship, or if you think someone is about to disclose it for you, or if the whole thing has already blown up in your face – you guessed it. Put this in the hands of a reputable workplace attorney, and buckle up for a wild ride.
If you bring it to this firm, we promise not to say we told you so.
Federal Workers: What Now?
If you are a federal worker, first things first: You’re not crazy. What’s happening is completely bizarro-land.
Now that we’ve got that clear, what do you do?
The lawyer answer (sorry) is: It Depends. The reality is that tons and tons of these terminations are illegal, but there are different ways they may be illegal.
For example, career civil service workers – even probationary employees – are protected by merit systems principles, which include protection from “arbitrary action, personal favoritism, or coercion for partisan political purposes.” 5 U.S.C. § 2301(b)(8). (That’s a federal statute right there btw, not some loosy-goosy theory about fair treatment. It’s the actual law.) Because of this requirement, there are procedures that agencies have to follow when they are terminating a bunch of people to cut costs, otherwise known as a Reduction In Force or “RIF.” RIFs are governed by a procedure for making sure that terminations are made based on merit system factors, for example, examination of performance ratings and length of service. 5 U.S.C. §3502. Federal employees who are getting RIF’d are supposed to get 60 days’ notice and information about rights to reemployment and career transition assistance before the termination goes into effect.
Additionally, many Federal employees are union members, and as such have additional protections including a statute that requires a union contract to provide grievance procedures. 5 U.S.C. §1721(a)(1). Another source of protection is in the federal civil rights laws prohibiting discrimination, such as Title VII, Rehabilitation Act (prohibiting disability discrimination), and Age Discrimination in Employment Act (ADEA).
What to do?
OK first, re-read the first sentence of this article. This is legit Wacky-land and you are legit encountering stuff that could have been dreamed up by Salvadore Dali. Or Kafka.
Second, call your union. As of the writing of this article, an AI-assisted search (so take this with a grain of salt) states that there are currently 101 class actions involving federal workers. Your union will know if you’re part of one of these. If you’re not, see if there are other ways your union can help you, such as filing a grievance.
If you’re not union, or if the union can’t help with your particular situation, get hold of a reputable workplace lawyer. For sure it’s expensive. This is your livelihood.
Whatever you do, don’t just assume there’s nothing you can do. There are super-talented, intelligent people fighting for your rights. Make sure they know your situation so they can help you plan your next step.
It’s (Probably) Not Wrongful Termination If You’re Not Terminated.
Employees who feel they are about to be fired for illegal reasons sometimes choose to quit, thinking it will spare them the embarrassment of being terminated. In other cases, employers might try to avoid firing an employee by making the workplace so hostile that the employee feels forced to resign.
What many employees don’t realize is that quitting can cost them the opportunity to file a wrongful termination case against their employer. To pursue a wrongful termination claim, you must prove that you were actually terminated.
In New York State, a wrongful termination claim requires the employee to demonstrate the following:
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They are part of a recognized protected class.
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They were qualified for the position in question.
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They were discharged.
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Their discharge occurred under circumstances that suggest the motivation for the termination was prohibited by law.
However, if you voluntarily quit your job, you may lose your ability to pursue a wrongful termination claim. That’s because you can no longer demonstrate that you were discharged, which is a necessary element of the claim. In most cases, if you’re not terminated, you cannot claim wrongful termination.
Additionally, only a small percentage of individuals who quit their jobs will meet the requirements to successfully bring a constructive discharge lawsuit. Proving a constructive discharge case is difficult, and it’s often challenging to demonstrate that the work environment was so intolerable that resignation was the only option.
If you feel that your employer is about to illegally fire you, or if you’re dealing with a hostile work environment, it’s crucial to consult an employment attorney before you make any decision, especially before quitting. Quitting could significantly impact your legal rights.
DIVERSITY, EQUITY, and INCLUSION are Not Dirty Words and They’re Not Going Away
Even before Inauguration Day 2025, corporations cravenly started rolling back their Diversity, Equity, and Inclusion[1] initiatives. Then the new administration came in swinging, implementing executive orders to eliminate “illegal” Diversity, Equity, and Inclusion measures.[2] Now the new Attorney General has issued a memorandum instructing the DOJ to investigate, prosecute, and penalize “illegal” Diversity, Equity, and Inclusion programs in the private sector.
Guidance for employers, so far, is hilariously terrible: the last sentence in all the articles is: “talk to your lawyer.” Because no one knows what these orders mean. The people writing the articles don’t know. Corp counsel doesn’t know. Not even the attorneys making up these orders know.
We don’t know either, but we can tell you one thing: As of today, February 11, 2025, Diversity, Equity, and Inclusion are not “illegal.” They are statutory. There are federal statutes that prohibit employment discrimination on the basis of race, color, creed, national origin, sex, age, and disability. There are state statutes that prohibit other types of discrimination, for example, in New York, it is illegal to discriminate on the basis of marital status.[3]
What does this mean for workers? Well, it’s going to be harder to access opportunities. Programs aimed at leveling the playing field are now being dismantled. These programs weren’t perfect, but they were helping move folks into positions that would otherwise go to privileged, wealthy twerps.
Here’s the deal: you can still fight back. It is still illegal (as of February 11, 2025) for an employer to make a decision about your employment based on your race, color, creed, national origin, sex, age, or disability. In the State of New York, it’s also illegal for employers to discriminate on the basis of military status, familial status, marital status, status as a victim of domestic violence, arrest record, and citizenship and immigration status.[4]
Which means you can still sue their pants off if you can show they’re discriminating. And if they just rolled back a whole promotion program that was designed to help you advance on the basis of your qualifications rather than your golfing relationship with the boss, and the promotion you were after goes to a wealthy, privileged twerp, a really good way to show the corporation that discrimination is still illegal is to get a good employment lawyer to give them the message.
Diversity. Equity. Inclusion.
None of those is a bad word. Lawyer up, and let’s go.
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[1] In this article, we’re going to spell out Diversity, Equity, and Inclusion every time we mention it because we want to make it clear: people who oppose DEI are opposing Diversity, Equity, and Inclusion. Seriously, businesses, which one of those words is an issue for you?
[2] For example, federal agencies’ Diversity, Equity, and Inclusion initiatives and Lyndon B. Johnson’s 1965 Executive Order 11246, which built anti-discrimination policies into federal contracts.
[3] Talk to an employment lawyer in your jurisdiction to find out what additional protections might be in effect in your area.
[4] Seriously, talk to an employment lawyer in your jurisdiction to see if there are non-federal protections for you in your geographical location.
Got a “Return To The Office” letter? Here’s what you need to know.
In January, federal agencies were directed to require employees to return to in-person work. The feds are the latest in a series of employers to mandate their employees return to the office. Return-to-office mandates are being used as “quiet layoffs” – meaning, anyone who doesn’t return to work in-person gets fired. What does this mean for employees? Read on.
Medical Accommodations
If you are working remotely due to a medical accommodation, lawyer up. Well, first of all, document up. Dig out all the emails and documents from when you first went through the process of requesting and being granted your accommodation. You are going to need those to prove that you are still entitled to the accommodation, notwithstanding the current mania for in-person work.
The Americans with Disabilities Act (“ADA”) and, federally, the Rehabilitation Act, require employers to provide “reasonable accommodations” to workers who can perform the essential functions of their jobs if they are accommodated. Be prepared to show that you have been performing your essential functions just fine without being in the office. Technically, you shouldn’t have to do this, but Employers will try it anyway. If someone gives you a hard time, you should consult with an attorney. Go ahead and gather up your evidence just in case.
Intermittent FMLA Leave
Like a medical accommodation, intermittent Family And Medical Leave Act (“FMLA”) Leave is something that you shouldn’t have to fight for – but be prepared to fight. Dig out your FMLA paperwork and have it ready to scan to HR.
Employment Contracts
If you are one of the few lucky people with an employment contract, check the contract. If it’s in writing that you are a remote worker, and someone tries to make you return to the office, get ready to enforce your contract. Take the contract to an employment lawyer who knows what they’re doing and make sure you understand what the contract requires. If you have a Union, check out the Collective Bargaining Agreement and talk to your Union Rep. Do this before you go storming into the HR office.
Don’t Have Any Of The Above?
Unless there’s some statutory or contractual restriction, employers pretty much have the right to control and direct their workforce, and there’s not a lot of legal leverage for the average employee. But there may be steps you can take.
For example, the federal guidance carves out “other compelling reason[s] certified by the agency head and the employee’s supervisor.” You might be able to negotiate a compelling reason (for instance, is there even an extra desk at agency headquarters?) with your boss and your boss’s boss. Never mastered the art of negotiating? A reputable workplace attorney may have some strategies to help you navigate that conversation.
If you have a legit medical accommodation and your doctor is telling you to stay remote, get it documented and get in that accommodation request ASAP. Word to the wise: Employers are going to be mighty suspicious of anyone who suddenly needs an accommodation now that they’re being ordered to return to the office. Get yourself a good employment law attorney who can help guide you through the process.
Conclusion
The deck is stacked against workers who want to continue teleworking, but there are a couple strategies that might help. If you are determined to stay remote, talk to a reputable workplace lawyer in your jurisdiction, and get ready to fight.
What Happens During A Legal Consultation?
Let’s face it. Most people don’t schedule consultations with attorneys for fun. The stress of the underlying situation, concerns about cost, the idea of trusting a stranger with personal details of your life, and not knowing how the attorney will react – all of this can add up to a bad feeling in the pit of a person’s stomach.
We understand that seeking legal assistance can be a daunting experience, and it’s completely natural to feel anxious about your initial consultation with an attorney. To help ease some of those concerns, here’s a little about how it works at the Satter Ruhlen Law Firm.
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How to Prepare
If you really want a productive consultation, take a little time, before you come in, to write down, in chronological order, the events you are about to describe to the attorney. You don’t need to write a novel. Just date, location, what happened, what was said, and witnesses.
Here’s an example:
- 6/13/24 9:37 am in the parking lot at the north facility: Joe spat on my truck and called me a dumb b—-. Ron and Patty saw it. Julie heard him call me a dumb b—-.
- 10:45 am I reported the incident to HR. (Email attached.)
- 6/14/24 10:00 am HR called me to a meeting at headquarters. Present were Kathy the HR Rep, Fred the boss, and myself. Kathy told me I was fired. She had Ron escort me off the premises.
- 6/15/24 I applied for Unemployment.
- 7/15/24 Unemployment told me I’m not eligible because the boss claims I stole money from the petty cash drawer.
This isn’t for the attorney to read, so don’t worry about spelling, grammar, etc. This list is to help you stay on track and give a clear account of what happened.
As far as documents, bring that totally crazy email that the boss sent you. Feel free to bring recordings, pictures, screen shots, or your spouse or friend for moral support. Bring the contract if you have one, or bring the policy or handbook that you think is being violated. If you think there’s a statute or regulation involved, bring a copy of the statute or regulation.
In some cases, the attorney may ask you to send documents prior to the consultation. Make sure you send them at least 24 hours prior to the appointment so the attorney has time to review them.
If you have seven binders of documents, the attorney isn’t going to review everything. But if you think it’s relevant, bring it.
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Our Office
The Satter Ruhlen Law Firm is located on the 6th Floor of the historic McCarthy Building (217 South Salina Street) in downtown Syracuse, New York, at the corner of Salina and Fayette streets. It’s a lovely old turn-of-the century structure, with wreath and ribbon decorations over the windows. If you’re looking at the Wildflowers shop, you’re looking at our building. (The McCarthy Building is also home to two delicious restaurants – Jamaica Cuse and Aloha Bento. We recommend both!) There’s a heart painted on the north side of the building, with the words “Heart of Syracuse” written inside.
The good news is that there’s plenty of parking, whether on the street, in the open lot at the corner of Salina and Washington streets, in a parking garage, or a block or two in any direction. The bad news is that it’s all metered parking. The parking meters are kind of weird so you may want to download and use the Flowbird parking app.
The elevators are on the left as you enter from Salina Street. (On the right you’ll see the indoor entrance to Wildflowers, as well as stairs down to the shops in the McCarthy Mercantile). Come up to the 6th Floor and turn right. You’ll see our door with gold lettering on it. Currently our floor is under construction, so there’s an odd entryway area as you come in. You’ll see a big window, and behind the window is our office manager. At least, that’s where their desk is – the job keeps them busy! The door to our office is to the left of the big window. Come on in!
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Checking in
The office manager will greet you and get you checked in. You can hang up your coat and hat, and if it’s snowy, feel free to ditch your boots in the boot tray. If the office manager is not at the desk, have a seat – they’ll be there in a minute. Take some time to peruse the books and magazines on the coffee table. (For remote consultations, we’ll send you a secure video link.) Once you’re checked in, the office manager will show you into the conference room and then they will tell the attorney that you’re here. It may take the attorney a minute – we always seem to get phone calls just before someone comes in. Take some time to check out the books on display and the wall hangings, which provide some fascinating background on the history of workers’ rights.
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The Consultation
One purpose of the consult is to for you to determine whether you want to work with us. So, in addition to figuring out whether there is anything that we can do for you, we’re also going to be considering whether it makes sense for us to enter an attorney-client relationship with each other. There are a lot of different factors that go into that decision, including but not limited to the strength of your case, whether it’s financially feasible, and what type of work needs to be done. Legal fees are expensive! So if you’re going to retain a lawyer, it makes sense to be choosy and make sure you’re getting someone you can work with.
Once the office manager has got you settled, the attorney will come into the room and greet you. If you bring somebody with you, the attorney will get the name of the person and their relationship to you. This is important for purposes of determining how protected the conversation may be from subpoenas or discovery. The attorney will usually start off by explaining a little bit about confidentiality rules. They will confirm that they have good contact information for you, including a mailing address, phone number, and email address where they can send confidential communications.
The attorney may ask you for some background information about your workplace. For instance, if you’re an educator, they may ask if you’re tenured. There may be some jurisdictional questions, such as how many other employees work for the company, or whether you get paid hourly or salary, on a W-2 or via 1099. They may ask where the employer is located, or ask you to describe a little bit about the industry you work in.
At some point the attorney is going to say something along the lines of, “Tell me why you’re here.” This is a good time to refer to that timeline you jotted down before you came in. Now, you’ve already given the office manager a little bit of information for purposes of conflict checking. But the attorney needs your personal perspective on what’s happening, and the best way for them to get that perspective is for you to tell them, in your own words.
Be prepared to be interrupted. The attorney isn’t trying to be rude. What they’re trying to do is to get key, relevant details that help them assess your situation. They’re probably going to ask you when things started to go wrong at work, why they started going wrong, and who’s involved. They’re going to be really annoying about dates, names, titles, and locations. They may ask if there are any witnesses to what you’re describing. They will probably ask about policies and procedures. They’ll ask who you’ve tried to talk to about the situation you’re facing. They’re going to be typing or taking notes as you talk, and they may ask you to slow down or to go back and repeat something they missed. They may ask you to pause for a moment as they review their notes.
At some point, the attorney’s going to explain the legal framework they think you’re operating within, and go over potential legal issues that they’ve spotted while you’ve been describing your situation. If you are a public employee, the attorney might help you draft up a Notice of Claim right then and there. They’re going to ask you if you’ve considered different options, and help you think about what options might make sense for you in your particular situation. For example, if you haven’t already reported the problem to the HR rep, the attorney may talk with you about whether it’s a good idea, what strategy to take, potential language to use, whether to copy other people, when to do it. This is your opportunity to strategize with the benefit of the attorney’s expertise and experience. You might end up making a pros-and-cons lists, or the two of you working together may discover other possibilities.
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Ending the Consultation
The consult may end in several ways. Here are three common possibilities: 1) we decide to offer representation, 2) we decide not to offer representation, or 3) we decide to do some more research and analysis and get back to you about whether we can offer representation.
If we offer representation, you will be presented with a retainer proposal that describes what we propose to do and how we expect to be paid for it. It is a proposal to provide legal services, and the “retainer” is a written contract for those services. It’s important to understand that having consulted with an attorney is not the same as being represented by an attorney. No one is represented by our firm unless there is a written retainer with both our signatures on it.
We may conclude that it doesn’t make sense for us to offer representation. There are a myriad of reasons that might happen. Sometimes, the consultation gives an individual enough information to navigate the situation without needing to retain us. Sometimes, employees realize they’d be better off socking that money into their 401(k) than hiring us. If we decide not to offer representation, we’ll follow up in a day or two with a nonengagement letter. We always recommend getting a second opinion if you feel we’ve missed something – different lawyers see things differently, and what one firm might not be willing to take on, another firm may specialize in.
A lot of times, we need to do some additional work, such as reviewing your situation with another attorney in the firm, calling up your witnesses, or reviewing your documents. We may want to talk to an outside attorney about a referral or maybe bringing in their particular expertise as potential co-counsel. If we need to do more follow-up work, the attorney will give you a ballpark about when you can expect to hear back from us, usually within a few days to a week. The follow-up is not a commitment to offer representation – it’s an opportunity for us to get more information to decide whether we can offer representation. Once we have made a decision, we’ll either send you a retainer proposal or a nonengagement letter.
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Final Thoughts
Signing up for a legal consultation can feel overwhelming, but understanding what to expect can significantly ease your anxiety. From thorough preparation to knowing what happens during the meeting, each step is designed to ensure you receive the best advice possible tailored to your unique situation. At Satter Ruhlen Law Firm, our goal is not only to assess your case but to foster a relationship grounded in trust and transparency. Whether you leave with legal representation or empowered with guidance to handle your issues independently, our commitment is to make your consultation a constructive experience. Seeking legal assistance is a vital step towards asserting your rights, and we are here to support you.
Remembering Lilly Ledbetter and Her Impact on Women’s Rights in The Workplace
Posted by Sarah Ruhlen on behalf of William Hand
It is no secret that women are generally paid less than men. This phenomenon is commonly referred to as the Gender Pay Gap. Nationally, employers are paying women working full-time, year-round jobs, on average, eighty-three cents for every dollar paid to men. When part-time and part-year workers are included in the comparison, women were typically paid only seventy-eight cents for every dollar paid to men in 2023.[1]
Lilly Ledbetter was a modern pioneer fighting against this Gender Pay Gap. She recently passed away at 86 on October 12, 2024. Given her recent passing, let us take some time to remember Lilly and appreciate her significant contribution to fighting gender inequality and workplace discrimination.
Lilly Ledbetter, a Jacksonville Alabama native, was a supervisor at a Goodyear tire plant in Gadsden, Alabama starting in 1979. She was one of the few female supervisors at the Gadsden tire plant and worked there for almost 20 years. Lilly faced substantial sexual harassment in her time with Goodyear, including her boss telling her that he did not think women should be working there.
One day while working at the Goodyear plant Lilly received an anonymous note informing her that Goodyear was paying her less than her male coworkers in the same position. In an interview with National Public Radio in 2009 Lilly recalled “When I saw that, it took my breath away. I felt humiliated. I felt degraded. I had to get my composure back to go ahead and perform my job and then my first day off, I went to Birmingham and filed a charge with the EEOC.”
Filing a claim with the EEOC was Lilly’s first step in her ten-year fight for women’s equality in the workplace.
LEDBETTER V. GOODYEAR TIRE & RUBBER CO.:
After she filed a complaint with the EEOC, Lilly sued Goodyear for gender discrimination in violation of Title VII of the Civil Rights Act of 1964, alleging that the company had given her a low salary because of her gender. A jury found that Goodyear had discriminated against Lilly Ledbetter and awarded her $3.5 million in compensatory and punitive damages for the extreme nature of the pay discrimination that Goodyear subjected her to.
Later A federal district judge reduced her damages to $360,000.
Goodyear appealed, citing a Title VII provision that requires grievants file their Title VII discrimination claims within 180 days of the employer’s discriminatory conduct. The jury had examined Lilly’s entire career for evidence of discrimination, but Goodyear argued that the jury should only have considered the one annual salary review that occurred within the 180-day limitations period before her complaint. Ergo, Lilly’s claims were time-barred because any decision to pay Lilly less than her male counterparts happened more than 180 days before she filed her claim.
The U.S. Court of Appeals for the Eleventh Circuit reversed the lower court, but without adopting Goodyear’s position entirely. Instead, the Circuit Court ruled that the jury could only examine Lilly’s career for evidence of discrimination as far back as the last annual salary review before the start of the 180-day limitations period. The Circuit Court ruled that Lilly getting a low salary during the 180 days did not justify the evaluation of Ledbetter’s entire career. Instead, only those reviews that affected Lilly’s pay during the 180 days could be evaluated. The Circuit Court found no evidence of discrimination in those reviews, so it reversed the District Court and dismissed Lilly’s complaint.
The Supreme Court then heard Goodyear’s appeal and decided against Lilly with Justice Samuel Alito writing for the 5-4 majority. Justice Alito wrote that the Court found Title VII’s limitations period barred Lilly’s claim because the “current effects alone cannot breathe life into prior, uncharged discrimination.” Justice Alito further opined adopting Lilly’s argument would mean “if a single discriminatory pay decision made 20 years ago continued to affect an employee’s pay today, the dissent would presumably hold that the employee could file a timely EEOC charge today.”
In dissent, Justice Ruth Bader Ginsburg called the majority’s decision “a cramped interpretation of Title VII, incompatible with the statute’s broad remedial purpose.” Justice Ginsburg included in her dissent that, “the Legislature may act to correct this Court’s parsimonious reading of Title VII.”
THE LILLY LEDBETTER FAIR PAY ACT:
In response to the Supreme Court’s decision, Congress passed the Lilly Ledbetter Fair Pay Act on January 29, 2009. The introductory finding section of the Act states:
Congress found The Supreme Court in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), significantly impairs statutory protections against discrimination in compensation that Congress established and that have been bedrock principles of American law for decades. The Ledbetter decision undermines those statutory protections by unduly restricting the period in which victims of discrimination can challenge and recover for discriminatory compensation decisions or other practices, contrary to the intent of Congress.
The Act goes on to reinstate prior law, making it clear that pay discrimination claims based on sex, race, national origin, age, religion, and disability “accrue” each time an employee receives a discriminatory paycheck; when a discriminatory pay decision or practice is adopted; when a person becomes subject to the decision or practice; or when a person is otherwise affected by the decision or practice. The law is retroactive to May 28, 2007, the day before the Court issued its ruling in Ledbetter v. Goodyear Tire & Rubber Co.
IMPACT:
The Lilly Ledbetter Fair Pay Act of 2009 means that every paycheck from an employer that violates the Equal Pay Act refreshes the period for filing the claim. Further, it now allows the successful grievant to obtain relief including recovery of back pay for up to two years before they filed the claim of unlawful pay discrimination. However, while the Act is a great step forward in advancing pay equality, recovery is still limited to backpay for a maximum of two years before filing a claim. Therefore, anyone who feels they are being illegally discriminated against in their pay or compensation should consult an attorney sooner rather than later, or risk losing out on back pay they might otherwise be entitled to.
CONCLUSION:
Lilly Ledbetter did not set out to be a modern activist fighting the Gender Pay Gap. She was a woman who gave nearly twenty years of her career to an employer who paid her less than her male counterparts. However, what truly set Lilly apart was that she simply did not accept this discrimination. She fought it in Federal Courts for nearly ten years, all the way to the Supreme Court of the United States, to hold her employer accountable. While her case was ultimately unsuccessful, it was because she fought so hard for equal pay that Congress passed The Lilly Ledbetter Fair Pay Act of 2009 bringing us a little closer to fair pay and workplace equality.
Thank you, Lilly Ledbetter!
[1] The Wage Gap, State by State – National Women’s Law Center; 2024 Gender Pay Gap Report (GPGR) | Payscale Research
– William P. Hand
Welcome our newest attorney, William Hand!
William is a New York native who graduated from SUNY Empire with a Bachelor of Science in Mathematics and Political Science. William earned his Juris Doctor summa cum laude from Albany Law School in 2021, where he was enrolled in the school’s rigorous two-year accelerated J.D. program. While at Albany Law School, William studied labor law and employment discrimination litigation. He also served as an Associate Editor of the Albany Law Review, participated in the Domenick L. Gabrielli Appellate Advocacy Moot Court Competition, and volunteered with the Legal Aid Society’s Pro Bono Divorce Clinic.
During the Summer of 2021, William interned with the New York State Division of Veterans Services, helping wrongfully discharged soldiers, sailors, and marines restore their lost benefits. While working for the Divisions of Veterans Services, William had the honor of writing benefits appeals memoranda for veterans seeking to have their benefits restored under New York’s Restoration of Honor Act.
William comes to us from the Hudson Valley, where he practiced as a general litigation attorney. He is excited to put his litigation experience to work on behalf of the workers served by Satter Ruhlen Law Firm, PLLC. As someone who has always been enthusiastic about social justice, William feels strongly about advocating for workers’ rights because he believes in the dignity and fairness that every employee deserves. He believes that it is crucial that we protect workers’ right to fair wages, safe working conditions, and the ability to organize and advocate for themselves. He is a welcome addition to the Firm!
Know Your Rights: A Guide to Workplace Privacy for Employees
The workplace is not a private place, but people may bring their private information to work, sometimes without even realizing it. The rules on what an employee can expect to keep private – and what does not stay private – may not be what you expect. Here are three key takeaways to empower you to protect your privacy while on the job.
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The Bad News
Employees have no reasonable expectation of privacy in most areas of the workplace, so don’t expect the boss to respect your personal privacy. Employers generally have the right to monitor work-related activities. Additionally, there is no obligation to respect employee privacy on the job site with respect to personal phone calls, emails sent from personal accounts, and personal belongings—even in personal lockers or during break times or in the break room.
In the State of New York, section 52-c of the New York Civil Rights Act requires employers to provide written notice if they intend to e-monitor their employees, but the requirement is pretty weak. There is no prohibition on spying, just a requirement that the employer let workers know if it intends to spy. Additionally, there’s no private remedy if the employer does spy without notifying. Other jurisdictions may have similar rules, so speak with a workers’ rights attorney in your area to find out if there’s any protection against e-spying in your jurisdiction.
Be cautious about the type of personal information you share at work. Avoid sharing sensitive personal details, even with your work friends, during work hours.
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Medical Information
If you talk about your medical condition with your coworkers, the employer has no duty to keep that information confidential. If you don’t want people talking about it, don’t tell them.
Outside of a request for an accommodation, there is no duty for an employer to avoid disclosing medical information that an employee has volunteered. If you do request an accommodation or medical leave, don’t reveal what you need the accommodation for until that information is requested. Remember – if you volunteer it without being asked, the employer does not have to keep it private. The only information the employer has to keep private is medical information that it specifically requests from you.
Usually, once an employee requests an accommodation or medical leave, the employer will provide a request form with sections for the employee and the employee’s medical provider to fill out. It’s not a bad idea to mark the forms “CONFIDENTIAL” at the top. That goes for any medical information you provide to the employer as well. Try to make sure that any medical information is directed only to the person whose job it is to handle the accommodation request – usually this is a human resources employee.
Word to the wise, the medical information needed to handle an accommodation request can, and will, be disclosed to anyone the employer believes needs to have it for purposes of implementing the accommodation. So even though you might not want your direct supervisor to know about your personal medical needs, that person may be looped in when it comes to determining how to accommodate your condition.
Bottom line, don’t talk about medical information unless you need to request an accommodation. And then, be very sparing about what you tell and whom you tell it to.
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Anti-Union Surveillance
One area that is often litigated is whether surveillance is “coercive,” thereby crossing the line into a violation of the National Labor Relations Act [“NLRA”]. Under the NLRA, employees have the right to engage in concerted activity for purposes of mutual aid and protection. If surveillance—for example, cameras in the breakroom, or supervisors butting in to an employee-owned Slack group—could reasonably be construed as intimidating employees so they will not discuss terms and conditions of employment, then the surveillance may constitute an Unfair Labor Practice [“ULP”] under the NLRA. So, if it seems like the employer is trying to stop employees from, say, discussing wages or talking to Union reps, then the action may constitute illegal surveillance and should be reported to the National Labor Relations Board [“NLRB”]. This tends to be a very fact-specific inquiry, so if you’re not sure whether the spying constitutes illegal surveillance, it’s a good idea to talk to a Union representative or workplace attorney.
Conclusion:
Generally speaking, don’t reveal anything in the workplace that you wouldn’t tell a newspaper reporter. But there are minimal privacy protections in specific workplace contexts. Always talk to a workplace attorney if you need to understand the parameters of your workplace privacy.
Good Jobs: What Biden’s Executive Order on Investing in America and American Workers Means to Workers
On September 6, 2024, President Bident signed the “Good Jobs” Executive Order. In a nutshell, the Order describes what makes a job “good” and directs federal agencies to prioritize projects that improve labor standards.
What is a “Good Job?”
According to the Order, a Good Job:
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Promotes positive labor-management relationships by entering agreements with labor and community groups, such as:
- Project Labor Agreements (pre-hire collective bargaining agreements that establish terms and conditions for a specific project)
- Community Benefits Agreements (agreements between a developer and community groups to provide benefits identified by the community groups)
- Collective Bargaining Agreements (“CBA” or union contract)
- Agreements ensuring uninterrupted delivery of services
- Agreements facilitating first CBAs
- Voluntary Union Recognition
- Neutrality Agreements
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Promotes family-sustaining wages by:
- Paying prevailing wages, wages in the top 25% of industry pay, or union scale wages
- Promoting equal pay
- Eliminating discriminatory pay practices
- Implementing pay transparency
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Promotes economic security by:
- Providing paid sick, family, and medical leave
- Providing health care
- Providing retirement benefits
- Providing child, dependent, and elder care
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Fights discrimination by:
- Adopting recruitment, hiring, and retention policies to attract workers from underserved and local communities
- Implement reporting structures and ongoing training to prevent discrimination and harassment
- Participate in programs supporting compliance with the EEO, Rehab Act, and VEVRAA
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Strengthens the workforce by:
- Investing in union-affiliated training programs, apprenticeships, and pre-apprenticeship programs
- Partnering with community colleges, career and tech programs, disability services organizations, the public workforce system, and the American Climate Corps
- Providing child care and transportation assistance, as well as other services that will help workers complete training
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Protect worker health and safety by:
- Engaging in supplemental safety training
- Working with unions to design and implement workplace safety and health systems
- Disclosing occupational safety and health violations
How Do I Get One Of These Good Jobs?
It’s a little tricky, because no one has created a central clearing house for workers to search for these jobs. Also, each municipality or region has its own mechanisms and acronyms. For example, here in Syracuse, we have ON-RAMP, “Real Life Rosies,” CREATES, and Syracuse Build. Your area will have different acronyms. But one thing you can do is look at job postings for
First, the “good jobs” criteria apply to projects selected by the following Federal departments:
- Department of the Interior
- Department of Agriculture
- Department of Commerce
- Department of Labor
- Department of Housing and Urban Development
- Department of Transportation
- Department of Energy
- Department of Education
- Department of Homeland Security
- Department of the Environmental Protection Agency.
Second, the criteria apply to projects selected by the above agencies for funding through:
- The American Rescue Plan
- The Infrastructure Investment and Jobs Act
- The CHIPS Act
- The Inflation Reduction Act.
So one way to find work that is covered by the Good Jobs Executive Order is to do a web search using one of the Departments, one of the Acts, and your city.
Another way to locate the Good Jobs is to pay attention to news stories in your area: are there any infrastructure projects happening near you? How about tech companies coming to your town? Are there environmental conservation projects underway?
You can also reach out to unions and community organizations in your area. Projects receiving federal funding from these initiatives are expected to engage with community stakeholders, so local chapter of Citizen Action, Jobs to Move America, or your local labor council should be involved with the project already and may know where potential applicants can get more information. Additionally, if you run into trouble getting jobs that you are qualified for, these organizations are going to want to know that so they can make the companies hold up their ends of the bargain.
This is one of those announcements that the news doesn’t usually pick up, so tell your worker friends about the Good Jobs Executive Order. And if you get one of these Good Jobs, join the Union and make it even better.
