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Employment Law

When cooperation drops as discipline escalates, OK to fire for insubordination

02/10/2015

Some employees don’t take discipline well. What may have started as a reprimand over a rule violation or poor work can quickly escalate for one of these workers. Don’t be afraid to increase the disciplinary consequences if the em­­ployee won’t cooperate or accept correction.

Don’t hide behind your handbook! Formal harassment complaint isn’t required

02/10/2015
Here’s something to remember when planning your sexual har­­assment training sessions for management: Be sure everyone understands that they must report any sexual har­­assment complaints employees make—even if the employees don’t follow the procedures for reporting sexual harassment laid out in the employee handbook or company policies.

Choose one: Total disability or accommodation

02/10/2015

Here’s something to consider if a discharged disabled employee who simply could not do her job sues, alleging disability discrimination. Check to see if she has applied for disability benefits and get a copy of the application. If she didn’t qualify her disability by claiming she could perhaps do some work if reasonably accommodated, she may have killed her chances to argue she was qualified for her old position, too.

Third-party harassment: Is the customer always right?

02/10/2015

There is only one boss: The customer. But what if the customer or another outsider is harassing employees at your workplace? Can your organization be held liable? As this court ruling shows, adopting a “hear no evil, see no evil” strategy is not the smartest move.

EEOC charges fall for fourth straight year

02/10/2015
The EEOC received 88,778 charges in fiscal year 2014, marking the fourth straight year of declines after a record-setting 99,922 charges were filed in FY2010. The 2014 total is a 5.3% decrease compared to 2013, and an 11.1% drop since 2010.

The long arm of the law stretches across state lines

02/10/2015
A case of alleged transgender discrimination in Texas has prompted New York’s attorney general to launch an investigation into the HR practices of the entire Saks Fifth Avenue retail chain.

When to use leave as an accommodation for disabled workers

02/09/2015
The U.S. Department of Labor-sponsored Job Accommodation Network has published new guidance on using leave as an accommodation under the ADA.

Volunteer emergency responders in New York now entitled to leave

02/09/2015
As of Dec. 22, 2014, employers in New York must grant leave to employees who also serve as volunteer emergency responders during times when the governor has declared a state of emergency or if a federal emergency has been declared.

Attorney general wants to see Saks anti-bias policy

02/09/2015
A discrimination lawsuit against retailer Saks Fifth Avenue in Texas has spurred an inquiry from New York Attorney General Eric Schneiderman.

Ex-NYC parks employee sues, details raunchy parties

02/09/2015
A former New York City Department of Parks & Recreation employee has filed a discrimination and retaliation suit against the city after she was fired after complaining about pervasive sexual harassment. Although city investigators largely corroborated her complaints against two supervisors, the woman lost her job.