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Employment Law

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.

Discrimination suit can’t rely solely on race

01/09/2018

In order to get past the first stage of a discrimination lawsuit, a worker has to present at least a prima facie case showing that something discriminatory may have occurred.

71% of sexual harassment incidents occurred at work

01/09/2018

Just over a quarter (25.7%) of alleged sexual misconduct that occurred in the workplace was reported to HR.

DOL revisiting paid internship rules

01/09/2018

The Labor Department’s Wage and Hour Division will begin revising its enforcement guidance for determining if interns must be paid, according to a Jan. 5 statement.