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Employment Law

Growing workplace protections for transgender employees

10/08/2015
No federal law protects gay employees—including transgender employees—from discrimination or harassment because of their sexual orientation. However, courts and the EEOC have begun applying Title VII of the Civil Rights Act to protect transgender rights.

‘Employer’ and ’employment’: Definitions changing, problems brewing

10/08/2015
Controversial actions by three major federal agencies have businesses worried.

Papa John’s franchisee faces jail time for avoiding OT pay

10/08/2015
A Papa John’s pizza franchisee faces jail time for his attempt to evade responsibility for paying overtime to workers at nine stores in the Bronx, N.Y.

UPS grooming standards prompt religious bias lawsuit

10/08/2015
A Muslim applicant for a driver helper position with UPS in Rochester, N.Y. is one of the lead plaintiffs in a class-action suit against the delivery service. The EEOC is suing on behalf of several men of various religions who have either allegedly been forced to shave to obtain a UPS job or been denied employment because of their religious beliefs.

EEOC sues Schenectady Subway franchise for sexual harassment

10/08/2015
A manager at a Schenectady, N.Y. Subway franchise allegedly demanded sex from teenage applicants in exchange for jobs at the sandwich chain. Two underage girls reported the manager to the EEOC after he sent them explicit texts suggesting that they would be hired if they had sex with him.

Public employee free speech rights don’t extend outside work

10/08/2015
Government employees have limited First Amendment rights at work to voice concerns of “public importance.” But the right doesn’t extend to causing confrontations outside of work when the speech has nothing to do with public issues.

Former employee reapplies? Beware retaliation lawsuit

10/08/2015
Consider this before dismissing a request for reinstatement or new job application from a former employee: She may be trying to set up a lawsuit alleging that turning her down amounted to retaliation. Don’t fall into that trap.

One stupid comment from boss doesn’t automatically create sex bias liability

10/08/2015

Of course, supervisors should never say anything off-color, insensitive or downright stupid. Unfortunately, it happens. However, it takes more than one dumb outburst to support a discrimination claim unless the comment is obviously highly offensive. Less than that, and an employee’s lawsuit is likely to be tossed out.

Substandard work before FMLA leave? Beware retaliation suit for later poor reviews

10/08/2015

Don’t think that just because an employee was a poor performer before she requested FMLA leave, a poor review after the request can’t be retaliation. If there is other evidence of retaliation (like a direct statement that FMLA leave was a factor), then the previous poor performance won’t be much of a defense.

Beware subtleties of ‘regarding as disabled’

10/08/2015

Employers can be liable under the ADA if they “regard” someone as disabled—that is, assuming and acting as if the person has a disability. That’s true whether the worker is disabled or not. Telling an employee she should pick up medical forms to apply for disability benefits and sending her home until she does apply probably means the employer regarded the employee as disabled.