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Employment Law

Getting legal advice? Be prepared to show court the details

04/01/2008
Sometimes, despite uncertainty about whether or not discrimination has occurred, you still may have to fire an employee. But what if you turn out to be wrong? Will that mean a huge punitive damages award? Not if you can show that before the decision was made, you consulted an attorney. That’s right: Calling in the lawyers is the best insurance—if you do it right …

Not a close call: Claustrophobia isn’t an ADA disability

04/01/2008
Not every mental or physical condition is a disability under the ADA. Consider claustrophobia. Though the condition, which involves the inability to remain in a confined space such as an elevator, may be a legitimate psychiatric condition, it does not necessarily prevent those who suffer from it from living a relatively normal life …

Applicant claims disability? Track how you handle hiring

04/01/2008
You probably have had people who claim they are disabled apply for open positions with your organization. How you handle each application can have a great impact: If you handle them incorrectly, you’re asking for a lawsuit. That’s why it’s crucial for HR to monitor what happens to each employment application …

A series of small slights can add up to one huge retaliation case

04/01/2008
It’s hard to prove discrimination, but much easier to prove retaliation. That’s a lesson more and more employers are learning the hard way. The fact is, anything negative you do to an employee who has complained about alleged discrimination may amount to retaliation …

Morgan Stanley to pay $16 million

04/01/2008
A California District Court has given preliminary approval to a proposed $16 million settlement by Manhattan financial firm Morgan Stanley with a group of black and Latino financial advisors in its global wealth-management group …

Hofstra football assistant says jocks were jerks

04/01/2008
An assistant for Hofstra University’s football team has filed a federal lawsuit charging that she was “subjected to offensive and sexually graphic movies in the presence of howling and taunting male students” and “locked in a bathroom by a group of male students” …

Wage-and-Hour suits are hot

04/01/2008
Wage-and-hour lawsuits are growing exponentially, according to the fourth Annual Workplace Class Action Litigation Report from national law firm Seyfarth Shaw LLP. New York was among the states experiencing the sharpest growth in wage-and-hour claims …

N.Y.-Based grocery chain to pay $40,000 discrimination settlement

04/01/2008
Eugene Gates Jr. had worked in a Charlotte, N.C., grocery store for nearly 40 years when it was purchased by Compare Foods, based in Freeport, N.Y. Shortly after the buyout, Compare cut his hours in half and gave his shifts to a young Hispanic worker …

More new state laws to complicate life for employers

04/01/2008
In 2007, New York lawmakers passed a record number of laws affecting employers, including new laws on independent contractors, inquiries into conviction records, leave for military spouses, leave of absence for blood donations and cancer screenings, and unemployment benefits …

Explain work schedule during interview, not after hiring

04/01/2008
Does your organization operate on shifts or have unusual work hours? If so, it’s fair to both job applicants and the organization to be ultra-clear about what hours new hires should expect to work. The best approach is to ask about work availability up front—right on the application …