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Employment Law

EEOC changes tactics on sexual orientation

10/19/2017
The EEOC has begun arguing that acting against someone who fails to conform to gender stereotypes is a form of sex discrimination.

Being rude isn’t a protected ethnic trait

10/18/2017

Here’s a reminder to stick with solid explanations when documenting discipline. If you have facts to back up your decision, an employee’s spurious claim of some sort of discrimination likely will be dismissed.

Master compliance challenges that follow natural disasters

10/18/2017
Unless planned and executed properly, employers’ emergency procedures may run afoul of many federal, state and local employment laws.

Plaza Hotel faces multiple sex harassment charges

10/18/2017
Six current and former female employees of New York City’s Plaza Hotel have filed suit, alleging they were subjected to “outrageous and incessant sexual harassment and assault by senior management and their male counterparts” and that hotel owners refused to respond to their complaints.

How to lose a lawsuit: Just ignore it

10/18/2017
A New York employer has learned the hard way that simply ignoring a lawsuit won’t make it go away. In fact, doing so merely assures the plaintiff will win. And it’s almost impossible to undo a so-called default judgment.

The more complicated the bias allegations, the harder it is for employees to prevail

10/18/2017
Employees trying to prove “gender-plus” discrimination must be prepared to make specific allegations showing how multiple characteristics were involved. That’s a tough sell.

Saying ‘No!’ to boss’s come-on puts employer on notice of possible retaliation

10/18/2017
When an employee rejects a supervisor’s unwanted sexual advances, that counts as opposing discrimination for the purpose of establishing retaliation for protected activity. Essentially, saying “No!” to a harassing supervisor may be as good as reporting the incident to HR.

ADA: Always at least consider employee’s preferred accommodation

10/18/2017
Employers aren’t required to provide disabled employees with the exact accommodation they request, but that doesn’t mean that they don’t have to at least consider it. And whatever accommodation the employer does decide to use must be both reasonable and effective.

No boss comments on language skills, hearing

10/18/2017
Here’s an important reminder to pass on to supervisors and managers. Don’t comment on a subordinate’s accent or mispronunciation of common words. Doing so can create a hostile environment based on national origin. The same goes for comments about an individual’s ability to hear.

Beware small changes that could be retaliation

10/18/2017
Punishing a worker for using FMLA leave is illegal retaliation—and the punishment doesn’t have to be something big like termination. Even seemingly minor acts can qualify as retaliation if they would dissuade a reasonable worker from using FMLA leave in the first place.