Wednesday, June 29, 2011

Same-Sex Marriage and Employee Benefits

Now that New York has passed a law allowing same-sex couples to marry, some companies are changing their policies regarding the benefits that they give to same-sex couples.   According to multiple reports (such as http://bit.ly/m1kKjt), companies such as IBM and Raytheon will soon require same-sex employees to marry their same-sex partners in order to receive benefits for their same-sex partners. 

Is this discrimination? It depends on whether opposite-sex couples are required to marry to get the benefits and if the benefits given to each kind of couple are the same, among other factors.  However, given these companies' history of inclusiveness, it seems unlikely.   

However, if you feel like you have been discriminated against based on your sexual orientation, age (over 40 years old), gender, race, national origin, disability, complaints of discrimination, or other factors, consult an attorney.  I am always happy to hear your story and determine if you may have a case.

Wednesday, May 4, 2011

Arab-American Waiter Sues Waldorf-Astoria Over Bid Laden Comments

On May 2, 2011, the morning after Osama Bin Laden was killed, a co-worked allegedly told Mohamed Kotbi, a long-time waiter at the Waldorf-Astoria Hotel in Manhattan, "Oh, I heard they got your brother."  Mr. Kotbi had gone to bed early on Sunday night, had not heard about Bin Laden's killing, and feared that his actual brother had been killed.  Then the co-worker allegedly corrected himself and told Kotbi that "your boss," namely Bin Laden, had been killed.  Another co-worker laughed, but Kotbi wasn't laughing.

This incident was, allegedly, the latest in a pattern of harassment and discrimination by Kotbi's co-workers and supervisors.  Beginning on September 13, 2001, Kotbi had allegedly been told, by supervisors, to introduce himself as "John" and "Edgar."  Also, Kotbi's co-workers had allegedly called him Taliban, "Al Qaeda boy" and "Moroccan faggot," and joked that he might explode whenever his cell phone rang.

He had complained to management and to the Equal Employment Opportunity Commission ("EEOC"), with limited success in stopping the discrimination and hostile work environment.  Therefore and because of the latest harassment, he is now suing the Waldorf-Astoria for employment discrimination in New York state court.


These allegations demonstrate that Anti-Muslim and Anti-Arab sentiment may be on the rise following the killing of Osama Bin Laden.  If you have suffered discrimination based on your religion or national origin, you should contact the Law Office of Matthew S. Porges, Esq. and arrange for a free consultation.  I will personally listen to your situation and determine if you have a case to pursue.


*Facts courtesy New York Observer: http://www.observer.com/2011/daily-transom/waldorf-astoria-gets-served-muslim-banquet-waiter?page=0

Sunday, April 3, 2011

Welcome

Now is an exciting time in terms of the development of employment law.   From the recent United States Supreme Court cases such as Wal-Mart Stores v. Dukes and Staub v. Proctor Hospital to attempts to pass various anti-discrimination laws (such as the federal Employment Non-Discrimination Act, which would protect gay, lesbian, bisexual, and transgender people under federal law), employment law is always developing.   Please return to this blog and/or subscribe via email to follow all of the developments with me.