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Employment Law

Beware discipline after employee talks to EEOC

01/10/2018

It’s unlawful to punish employees for cooperating with the EEOC. If anyone who has been in contact with the EEOC is suddenly fired, reassigned or otherwise subjected to some negative action, you’re courting a retaliation lawsuit.

Joint employment definition takes a pro-employer turn

01/09/2018

A new ruling by the National Labor Relations Board has defined a joint employer as one that exercises “direct and immediate” control over worker activities. For employers, that’s a welcome return to normal after two years of uncertainty.

OSHA whistleblower awarded more than $173,000

01/09/2018

An employee who was fired for reporting improper asbestos removal procedures at a Gloverville, N.Y. school worksite in 2010 has been awarded $173,794 in damages.

American Airlines offers equity stake to settle ADA bias lawsuit

01/09/2018

American Airlines, along with its subsidiary Envoy Air, has settled a class-action disability discrimination suit for $9.8 million.

Manhattan Garment District distributor settles pregnancy bias suit

01/09/2018

A clothing distributor in Manhattan’s Garment District has agreed to pay a former employee $50,000 to settle charges it discriminated against her because of her pregnancy.

Courts bend over backwards to assist pro se litigants

01/09/2018

It’s not easy to have a lawsuit dismissed just because an employee tries to represent herself in court. Judges often seek to even the playing field by giving second or even third chances to those pro se litigants so they can get their arguments straight—and maybe even to encourage them to hire a lawyer.

Court: Uncivil is not the same as unlawful

01/09/2018

Judges would just as soon leave workplace management to the professionals paid to manage workplaces. Rest assured, they don’t want to wade into matters of petty incivility unless a case is particularly egregious.

Employee has just a vague hunch about bias? Prevail in court with documented facts

01/09/2018

Document all employment decisions with objective factual information. It’s the best way to win lawsuits filed by employees who believe they have suffered discrimination but can’t provide any specifics to back up their allegations. In court, facts almost always triumph over feelings.

Supervisors must step up when they learn subordinates might have been harassed

01/09/2018

Employers aren’t expected to create perfectly harmonious workplaces. However, they do have an obligation to use their best efforts to intervene when co-workers harass someone on the basis of protected characteristics.

Remind bosses: Take care when addressing disability’s effect on employee performance

01/09/2018

Supervisors must be careful about how they handle discussions about employee disabilities. Comments the boss considers innocuous might feel very different to a disabled worker, and that can lead to needless litigation.