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Tave speak:
- A former KPMG Business Development and Consulting Manager, who worked from a distance from Georgia, can sue because of discrimination according to the state of New York and local laws.
- At the height of the Covid 19 pandemic, KPMG, who is African American, committed to the manager, according to court records in New York City. Due to its Covid Remote workstation, tax advice and the auditing company asked them to work from their place of residence in Georgia for six months and then move to the New York City region, such as court files.
- During this time, the manager claimed that KPMG allegedly refused to offer their business opportunities because it did not want to “put an African -American face on the available projects”. She supposedly complained several times, including the KPMG ethics office, was released shortly later.
Diver Insight:
After her termination, the manager sued KPMG due to suspected discrimination and retaliation measures according to New York and New York City's human rights laws. The district court refused to reject the claims.
Last year, the highest court in New York made it clear that the laws are “not employed in the city or in the city, but are proactively sought according to an actual urban or state employment,” said the district court.
Here the manager claimed that she personally worked from KPMG's New York office as soon as Covid long-term politics was lifted, the court found.
The manager also claimed that the opportunity to do this due to the alleged discrimination and retaliation of KPMG added to her. For this reason, she showed that the alleged acts of KPMG in New York had an impact and that its claims were able to enter into the human rights laws of the state and the city in the areas of human rights laws, as the court stated.
Take it? Despite the advance of returning to the office, many employees are partially or completely remote, and employers must remain through state and local laws that protect remote employees, especially those who work across national borders.
In addition to the prohibition of discrimination due to the employment relationship, the state and local laws generally include requirements related to vacation, wages, reimbursement of costs, taxes and employment awnings and announcements, but also the lawyers that were previously explained to the HR department.
Employers should also consider that federal laws also protect remote employees. The law on Americans with disabilities was the focus during the Covid pandemic, but their principles in relation to teleworking and adequate accommodations are still intact, experts said.
In her complaint, the former KPMG manager comprised discrimination based on the federal government and retaliation according to title VII of the Civil Rights Act from 1964. However, the court did not address this in this judgment.
According to court documents, the manager claimed that in October 2021, about a week after working for KPMG, her supervisor had told her that she was proposed for a project from St. Louis, Missouri. Although KPMG certainly expressed concerns about the order after the unrest in the area, she sent her an e -mail in which she presented the St. Louis team.
The manager also claimed that similar managers, who were not African Americans, received the opportunities for business development and support that was refused.
KPMG supposedly examined her complaints, but told her that she could not justify her allegations and allegedly released her for rejection of projects, as court files.
During her employment, the manager received a New York phone number for work calls. She reported twice in the New York office, her salary check picked up the taxes of the state of New York, and after her termination, she received unemployment benefits from the state, according to court documents.
