Legal Question in Discrimination Law in New York
Hello - I work in New York City. Our company moved offices closer to midtown, and my employer is enforcing a rule that we cannot eat in the offices (note, this is an office rule, not a building rule).
This is for the "new culture" direction our company is trying to get to. Ultimately I think it's b/c of our diverse ethnicity that he does not want food of "questionable" odors in the office.
I feel that living in today's economy, and asking them to buy lunch/find a spot outside our building to have lunch is irresponsible and disrespectful. Someone who is 5 months pregnant was also told to take her food outside, and not eat in the office.
Can my employer do this? Thank you.
1 Answer from Attorneys
Yes, your employer can set reasonable work rules and enforce them, as long as everyone is treated in the same manner. However, under the Americans with Disabilities Act, and NYC and NY statutes, if an employee cannot leave the building due to a disability, the employer may be required to make a reasonable accomodation for that person. As the specific facts of the situation determine what is a reasonable accomodation, the person who is pregnant (and any other employees who believe they have a recognized disability) should consult with an attorney familiar with the laws in this area.
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