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Employment Law

Employers under court order can’t count on courts to bypass special master

09/03/2008

If your organization is operating under a strict federal court order to correct past discrimination, be aware of this reality: The federally appointed special master has vast power to decide whether discrimination is still occurring and to fix it. It’s unlikely you will be able to move a current case directly into federal court for a quick dismissal. Your best bet is to develop a close working relationship with the special master …

Madison Square Garden suit hinges on alleged background check bias

09/03/2008

Do criminal background checks lead to bias? The EEOC will have to weigh that question when it investigates discrimination charges filed against Madison Square Garden by Charlene Clarke. Clarke, a black woman from the Bronx, accepted a food worker position at The Garden in September 2007. One month later, the arena withdrew its offer after Clarke’s background check revealed a misdemeanor assault charge …

Keeping Madison Square Garden’s legal team fully employed …

09/03/2008

“The World’s Most Famous Arena” faces a discrimination lawsuit by a suite attendant, Laura Ward, who claims she was denied a prime assignment because of her gender …

It’s official: State employees must pay union dues—indefinitely

09/03/2008

In an era when so few things are certain, it must have been heartening to state labor unions when the New York Legislature and Gov. David Paterson granted them permanent access to state workers’ paychecks. In July, Paterson signed into law a bill that requires all public employees in the state to pay dues …

Tale of two cases: How to avoid costly FMLA and ADA mistakes

09/03/2008
Two recent cases exemplify how easy it is for an unaware and unprepared employer to run afoul of employment laws. In one, an employer’s handbook promised more benefits than the law required the company to provide. In another, the employer transferred a disabled employee apparently just to ease a supervisor’s discomfort with dealing with a disabled staff member …

Porn on PCs: How far must you go to block it?

09/02/2008
Perhaps because controlling Internet access to pornographic images isn’t technically difficult, and because word tends to get around pretty quickly if a co-worker is showing porn to co-workers, courts now are clamping down more on employers that don’t do enough to make sure the workplace is not a sexual cesspool …

Supreme Court rules CHRA sole state discrimination remedy

09/02/2008

The Texas Supreme Court has ruled that employees who want to sue for most kinds of employment discrimination under Texas state law must use the provisions of the Texas Commission on Human Rights Act. They can’t sue under the Texas Whistleblower Act in an effort to sidestep the CHRA’s rather complex procedures or miss its short filing deadlines …

Prepare layoff rationale before handing out the pink slips

09/02/2008

Sometimes, an employer needs to downsize its workforce for any number of reasons. Whatever the reason, document why you need to cut staff before you announce the layoffs. You don’t necessarily owe every affected employee an explanation—in advance—of why his or her job is being eliminated. But you will need a clear, coherent and rational explanation later if one of the employees sues …

You can reassign employee whose spouse made FMLA claim

09/02/2008

Employers know they can’t retaliate against employees for speaking with EEOC investigators about possible discrimination … But what about simply standing by as a spouse or significant other sues the same employer? Do you have to worry that
any job changes for the silent spouse will spur a successful retaliation lawsuit?

Public employers aren’t immune to FMLA reinstatement requirements

09/02/2008

Public employers aren’t required to abide by all sections of the FMLA because they have limited immunity from federal lawsuits. For example, state employees taking leave under the FMLA’s self-care provisions can’t sue for money damages. But recently the 5th Circuit Court of Appeals has ruled that immunity does not extend to a claim for reinstatement after an employee takes FMLA leave …