In a case brought by 22 cocktail waitresses, alleging weight discrimination and sex discrimination against Borgata Hotel Casino & Spa, a New Jersey judge in Atlantic City has ruled in favor of the casino. As reported in TIME U.S., the women claimed that they were subjected to weight and sex discrimination when they were required by the casino to be weighed frequently, and the casino suspended them if they gained more them 7% of their body weight from when they were hired. The waitress claimed that male employees at the casino where not treated the same.

In dismissing their case, the judge stated that the waitresses signed employment agreements that clearly stated the terms of their employment; among other things, that they would not gain in excess of 7% of their hire weight. The judge stated that since the waitress clearly knew to what they were agreeing, there was no “fraud, duress or coercion in connection with the plaintiffs’ hiring,” If this case occurred in New York, the Court may have decided it differently.

Sex or gender discrimination occurs whenever an employee or prospective employee is subject to different treatment due to their gender. An employer cannot stereotype you based on your gender or sex. Employers are required to treat men and women the same in all phases of the employment process regarding:

• Policies and practices
• Hiring
• Compensation
• Job training
• Layoffs
• Promotions
• Working conditions
• Benefits
• Other privileges

Often, the terms “sex” and “gender” are interchangeable. However, sex discrimination refers to discrimination based on an individual’s biological identity as male or female while gender discrimination refers to discrimination based on characteristics of an individual that are culturally associated with masculinity or femininity. Gender discrimination is one of the oldest and most prevalent forms of workplace discrimination. It is often subtle, but its impact is very serious.

If you believe that you are being discriminated against at work because of your sex or gender, you should protect your rights and consult an attorney.

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Ten black former American Idol contestants are alleging that the show’s producers discriminated against them based on their race. As reported in Newsday, the former contestants have filed a lawsuit alleging that the show’s producers subjected them to “cruel and inhuman” treatment by highlighting the contestants arrest records and portraying them as criminals and deviants.  The complainants are seeking $25 million each in damages claiming that Caucasian contestants with similar arrest records where not treated the same.

If you believe that you are being discriminated against because of your race or color, you should be aware that laws exist to protect you from unlawful racial discrimination. Consult an attorney and protect your rights.

Twelve deaf patrons have filed a complaint of discrimination alleging that the employees and management of two Starbucks in Manhattan have discriminated against them because they are deaf by mocking the way the patrons talked and refusing to serve them. As reported by ABC NEWS, the deaf patrons allege that the manager at one of the locations even went so far as to call the police to have the 12 patrons ejected when they were trying to have their monthly meeting at Starbucks to discuss deaf issues. They allege that the police reprimanded the manager for calling in the complaint. The lawsuit seeks damages and calls for Starbucks to reevaluate its policies towards deaf patrons.

An all male Iowa Court found that it was not sex discrimination to fire an employee for being too attractive. As reported by CNN, a female dental assistant was fired by her male boss for being too attractive. As admitted by her boss, the assistant had been a good employee for the past ten years but he, and his wife, decided that his attraction to the assistant threatened their marriage and fired her. They replaced her with another female employee. In dismissing the case, the court stated that the firing was motivated by feelings, not gender. If this case occurred in New York, the Court would probably not have dismissed the case.

Sex or gender discrimination occurs whenever an employee or prospective employee is subject to different treatment due to their gender. An employer cannot stereotype you based on your gender or sex. Employers are required to treat men and women the same in all phases of the employment process regarding:

• Policies and practices
• Hiring
• Compensation
• Job training
• Layoffs
• Promotions
• Working conditions
• Benefits
• Other privileges

 Often the terms “sex” and “gender” are interchangeable. However, sex discrimination refers to discrimination based on an individual’s biological identity as male or female while gender discrimination refers to discrimination based on characteristics of an individual that are culturally associated with masculinity or femininity. Gender discrimination is one of the oldest and most prevalent forms of workplace discrimination. It is often subtle, but its impact is very serious.

 If you believe that you are being discriminated against at work because of your sex or gender, you should protect your right and consult an attorney.

A former employee of a car dealership is suing her boss alleging that she discriminated against her in violation of her rights under the Americans with Disabilities Act. As reported in the Daily News, the employee’s boss was one donor away on the transplant list, and the employee donated a kidney so that her boss would move up the list to number one and receive a transplant. After the operation, the employee claims that she had post-operative complications, which required her to ask for temporary work accommodations. They included that she not be required to lift anything heavier than 10 pounds and that she be allowed to use the bathroom as needed without her boss’s permission. The employee claims that her request was rejected and that eventually she was fired. Her boss clams that after the surgery the employee became disruptive and unproductive. The employee is suing for lost pay and damages.

The Americans with Disabilities Act (ADA) ensures that those with disabilities are afforded equal employment opportunities in the workplace. The ADA defines a disability as:

1. A physical or mental impairment that substantially limits one or more of the major life activities of an individual;
2. A record of such an impairment; or
3. Being regarded as having such impairment.

In addition to prohibiting discrimination in connection with job applications, hiring, firing, advancement, compensation, and other terms, conditions and privileges of employment, the ADA, state and local laws require that employers provide a “reasonable accommodation” to employees who require an accommodation inorder to perform the essential functions of their jobs. Additionally, New York State, New York City and local laws prohibiting disability discrimination provide broader protections than the ADA against disability discrimination and perceived disability discrimination.

If you believe that you have experienced discrimination at work because of your disability, you should protect your rights and consult with an attorney.

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