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Discrimination / Harassment

You could be liable for disability bias even if ADA accommodation denial was legitimate

02/13/2019
Don’t get overconfident because you turned down an employee’s request for an ADA accommodation that you sincerely believed was unnecessary. You can still be sued—and you might lose!

Remind staff: Contractors aren’t employees

02/13/2019
The more control you exert, the more likely your organization will be on the hook as the employer in any lawsuit.

Pittsburgh jury awards $3 million in bias case

02/13/2019
A scientist who was fired from her job at Pittsburgh Plate Glass has won a $3 million verdict against her former employer.

New New York law on gender identity, new wage requirements

02/12/2019
This month, we bring you news on gender identity or expression discrimination, as well as rising minimum wage and exempt salary levels.

Courts usually allow employee to choose lawsuit venue

02/12/2019
In the legal world, it’s commonly accepted that urban juries tend to deliver big awards when employees sue their employers. Courts usually let the plaintiff choose a lawsuit’s venue, as long as there’s a substantial connection between the lawsuit’s main claim and the location.

Human Rights Law extends far outside city limits when applicants claim harassment

02/12/2019
If you are an employer in New York City, you may find yourself liable for sexual harassment stemming from events that didn’t even occur in New York and involving people who have never even applied for a job in your organization.

You need great records to beat NYCHRL suits

02/12/2019
New York City employers have to clear a high bar to defend against discrimination claims under the New York City Human Rights Law. For all practical purposes, you have to show that discrimination played no role whatsoever in your decision.

Taxpayers no longer on hook for Capitol Hill harassment

02/12/2019
President Trump signed legislation that holds members of Congress personally liable for legal bills incurred as a result of civil actions that result in damage awards or settlements.

Honest business decisions are rarely discrimination

02/12/2019
Terminating a service contract based on the contractor’s race may violate Section 1981 of the Civil Rights Act of 1866. However, that’s a tough case except in cases of blatant discrimination.

Track requests to show: It was his idea!

02/12/2019
When an employee asks for a transfer or some other change to his working conditions, be sure you track the request. That way, if he later alleges coercion, discrimination or retaliation, you can show it was all his idea in the first place.