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Employment Law

Think this guy had a sexual harassment case?

04/07/2015
Sure, it’s theoretically possible for a man to suffer sexual harassment. But it would have to be pretty blatant to get very far in court, right?

The wrong manager was told of harassment–are you still considered ‘on notice’?

04/07/2015
As this case shows, it’s important that employees voice their complaints to the correct supervisor cited in a harassment, discrimination and retaliation prevention policy. Otherwise, the employee’s whole case could unravel.

Judge nixes online notice of Gawker suit settlement

04/06/2015
Traditionally, plaintiffs learn by mail about their potential membership in a class-action lawsuit. Reaching mobile millennials may require a different tack.

Supreme Court creates new pregnancy discrimination framework

04/06/2015
The Supreme Court ruled on March 25 that a pregnant UPS employee who was denied a light-duty position is entitled to a new trial. The Court’s framework for pregnancy discrimination cases allows employees who show that an employer policy that creates a “significant burden” for pregnant employees violates the Preg­­nancy Dis­­crimi­­na­­tion Act.

Waste company can’t make workers pay for truck damage

04/06/2015
Three Middletown-based trash hauling businesses have settled with a labor union that says its members were wrongly made to pay for damage to garbage trucks.

Bloomberg News faces reporter’s charges of pregnancy bias

04/06/2015
A former Washington political correspondent for New York-based Bloom­­berg News claims the company fired her because of her pregnancy. She filed the charges with the D.C Superior Court, alleging that management’s attitude changed toward her after she announced it.

What doesn’t count as reverse discrimination

04/06/2015
A single racially charged comment from someone who didn’t have any say in a subsequent discharge decision isn’t enough to support a reverse discrimination claim.

Shouting match over name-calling: That’s not protected activity

04/06/2015
Typically, protected activity involves going to the HR office or a supervisor and reporting harassment, discrimination or other perceived illegal treatment. For example, an employee who discovers a racial slur on the bathroom wall may report that to HR and that’s protected activity. But what if the employee, instead of going through channels, responds directly to the co-worker making a comment or caught writing graffiti?

Warn managers and supervisors: Never suggest that employees’ kids get in the way of work

04/06/2015

One of the worst things a supervisor can do is to tell an employee being discharged for poor attendance that the reason she’s unreliable is because she has children. At best, such a comment may trigger a claim of caretaker discrimination. At worst—especially if absences are to care for a disabled child—the comments can mean an ADA lawsuit based on association discrimination.

Men can win sexual harassment lawsuits, too

04/06/2015
Don’t think that it’s only women who manage to win sexual harassment and hostile environment claims. As this recent case shows, men harassed by their supervisors can also convince a jury that they deserve payment for being harassed.