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Employment Law

Corzine, Sweeney push worker-Paid family leave bill

01/01/2008

Gov. Jon Corzine and State Sen. Stephen Sweeney, D-Gloucester, are pushing a bill that would make New Jersey the third state to offer mandatory paid leave to employees to care for a new child or sick relative. Sweeney originally proposed 10 weeks of leave, but said in November he would consider cutting that to six weeks if it would get the proposed plan passed …

Paulsboro High settles suit with principal over searches

01/01/2008

Paulsboro High School has settled a gender discrimination lawsuit with its former principal, Lucia Pollino, who was suspended for six months with pay in April 2007 over allegations she let students be strip-searched …

New Jersey courts let air out of unions’ rat balloons

01/01/2008

Unions should think twice before inflating menacing rat balloons in New Jersey. The inflatable rat, long known as a symbol of protest against nonunion labor, has received a serious blow from New Jersey courts. In two recent cases, courts concluded rat balloons are not always protected speech under the First Amendment, nor are municipal ordinances banning sign balloons preempted by the National Labor Relations Act …

Does Title VII apply to small employers?

01/01/2008

Q. A former employee has brought a charge of racial discrimination under Title VII of the Civil Rights Act. I employ 10 people. Will I have to defend this claim? …

Can we search employees’ work areas while investigating a string of thefts?

01/01/2008

Q. I work for an Internet company with about 50 other employees. Recently, there have been several complaints around the office about theft of personal property. The problem has become a distraction in the workplace and I was asked to investigate the incidents.

Our employee manual does not have any policies prohibiting theft of personal property, and there are no notices that warn employees that their work areas may be searched. What right does my company have to search a suspected employee’s work space and personal items to try to locate property not owned or related to my company? …

How to conduct third-Party investigation without tipping off alleged harasser

01/01/2008

Q. I have received a complaint from one of my employees alleging sexual harassment by a supervisor in my HR department. I want to bring in an independent investigator, but I’m concerned I’ll have to notify the subject of the investigation. I’ve heard that the Fair Credit Reporting Act (FCRA) requires me to notify employees before investigating these types of complaints through a third party. Obviously, this would make things uncomfortable for the employee who filed the complaint. Does the FCRA’s notice requirement apply to a sexual harassment investigation? …

Ability to conceive irrelevant to pregnancy discrimination

01/01/2008

The Pregnancy Discrimination Act prohibits discrimination against pregnant women and those who may become pregnant. It also makes it illegal to retaliate against these women. In an interesting twist, the actual ability to become pregnant isn’t particularly relevant as long as the employee who claims discrimination can show her employer thought she might become pregnant …

Overturning human rights commission decisions is an uphill battle

01/01/2008

When defending the termination of an employee who has filed a complaint with a local human rights commission, you must take the commission’s process seriously. Always get your attorney involved early, so you can defend yourself during the crucial initial stages. And don’t count on getting the commission’s findings overturned on appeal. Indiana courts have shown they won’t readily overrule commission conclusions …

Supervisors who say ‘What happens here, stays here’ invite retaliation claims

01/01/2008

Sometimes managers want to handle problems themselves and not involve the HR department or others in the chain of command. But telling employees to keep quiet and not complain to higher-ups actually may amount to retaliation. Threats and warnings, standing alone with no actual consequences, may be “materially adverse employment actions” when retaliation is the charge …

St. Vincent Hospital fires worker over threatening note

01/01/2008

A white environmental services attendant recently sued St. Vincent Carmel Hospital, claiming racial discrimination and retaliation. He was fired for violating the hospital’s anti-violence policy …