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Employment Law

Lawsuit burns Teaneck Fire Department … yet again

05/01/2007

Teaneck Township will pay $750,000 to a firefighter to settle a race discrimination and retaliation lawsuit, its second large settlement in a year …

Casino workers organize, joining United Auto Workers

05/01/2007

Dealers at Caesars Atlantic City voted to join the United Auto Workers (UAW) Union on March 19, followed closely by Trump Plaza Hotel and Casino dealers on April 1 …

Amputee fought discrimination, wins chance to fight fires

05/01/2007

The New Jersey Merit System Board has ruled that an amputee who wears a prosthetic leg must be reinstated to the hiring list of the Paterson Fire Department Academy, overturning the city’s attempts to bar him from entry …

Hell hath no fury … but $9 million should help

05/01/2007

A female executive told a jury she hit the glass ceiling after her boss created a new position above her and filled it with a male. She filed suit against her employer, an aircraft manufacturer, and was fired shortly afterward …

Prepare to justify policy barring former criminals

05/01/2007

Does your organization have a blanket policy of refusing to hire applicants with criminal records? If so, make sure you can explain exactly why. Because minority applicants may be statistically more likely to have criminal records, requiring a clean criminal-record history may have a disparate impact on a protected class and violate Title VII …

Nursing mom protected from discrimination? Maybe

05/01/2007

Some new mothers returning to work after giving birth request time off during the workday to express and store breast milk. Some states have passed specific laws protecting nursing women from harassment and discrimination …

You can force ‘Fitness for duty’ exam with good reason

05/01/2007

It certainly shouldn’t be a routine practice, but you can require employees to undergo “fitness for duty” examinations. The trick is knowing exactly when and why such an exam is legal—or not …

Warn managers not to advise employees on litigation

05/01/2007

Too many managers and supervisors offer unsolicited advice to employees who’ve filed discrimination complaints. The suggestions usually include being more of a “team player” and “not rocking the boat.” Tell managers such “helpful” career tips can backfire badly …

Investigate claims to tackle harassment head-on

05/01/2007

When it comes to co-worker sexual harassment, it’s not enough to “fix” the problem by transferring the harasser. If you don’t also investigate the underlying complaint, expect a lawsuit when the harasser strikes again …

At-Will exception protects employees who refuse illegal order … if it’s actually illegal

05/01/2007

It’s illegal to fire an employee because he or she refuses to engage in illegal conduct. But this is a very narrow exception to the general rule of at-will employment …