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Employment Law

EEOC alleges home care company violated GINA

11/05/2014
New York City-based BNV Home Care faces an EEOC lawsuit after staff members complained that the company sought extensive family health histories as part of an “employee health assessment.”

Prompt action on harassment limits your liability

11/05/2014

How you handle a sexual harassment complaint can mean the difference between a quick lawsuit dismissal and protracted litigation. Prompt action is essential.

Younger replacement doesn’t prove age discrimination

11/05/2014
Have you ever worried that, after terminating an older worker, replacing him with a younger one might look like age discrimination? That concern is likely unfounded if you had a legitimate, business-related reason for the earlier termination.

Afraid you messed up (or have to pay up)? Try offering to reinstate fired employee

11/05/2014
Here’s a litigation tactic your attorney may suggest to cut potential liability in a case where you may be liable: If you make an unconditional offer to reinstate the employee and she rejects the offer, you won’t have to pay future lost wages after the offer date.

Put an immediate stop to co-worker harassment over FMLA use

11/05/2014
Some supervisors and co-workers who don’t have children may resent having to pick up the perceived slack while the new mom or dad is home with their bundle of joy. The same may be true if other employees view someone’s FMLA use as frivolous or unnecessary. When co-workers or supervisors ridicule other employees for using FMLA leave, that may be retaliation.

Remind managers: Employment decisions based on religion aren’t kosher–or legal

11/05/2014
Here’s a reminder for the next time you provide harassment and discrimination training: Tell managers and supervisors that they should never comment on an em­­ployee’s religious preferences or make any assignments based on notions about certain religions.

Who would have thought an attorney might sue?

11/05/2014
A Manhattan firm called Strategic Legal Solutions didn’t do itself any favors when it withdrew an employment offer once it learned the applicant’s age.

Warn bosses: You could be liable for harassment

11/05/2014

Ordinarily, if a subordinate sues for alleged sexual harassment under Title VII, there is no personal liability for that supervisor. However, if the employer is a public agency or governmental unit, the rules change.

The space between: How applicants age themselves

11/05/2014
Do you type two spaces after a period? If so, your résumé may be destined for the wastebasket. According to career counselor Marc Miller, adding that extra space is a résumé mistake that brands an applicant as Too Old.

Is ‘safety concern’ a legal reason not to hire a woman?

11/05/2014
When a Virginia supermarket manager rejected a woman for a van driver position, he pointed to safety as the reason—female drivers are more vulnerable to assaults.