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Employment Law

Bypass ADA interactive accommodation process at your peril

06/09/2014

When it comes ADA disability discrimination claims, employers have to think about litigation as soon as an employee self-identifies as disabled and brings up potential reasonable accommodations. If a supervisor or HR professional refuses to even consider accommodations, it all but guarantees that the case won’t be dismissed at the summary judgment stage, potentially leading to a jury trial.

State court awards $1.6 million to Manhattan lesbian chef

06/09/2014
A Manhattan chef will see her largest payday ever after a state appellate court upheld a $1.6 million judgment against her former employer. Edward Globokar, owner of Tribecamex, will fork over the big bucks to his openly lesbian chef.

MTA rank and file sign contract

06/09/2014
A new contract grants unionized em­­ployees of New York City’s Metropolitan Transit Authority retroactive 1% raises for each of the past two years, which means most will receive one-time payments between $3,000 and $5,000.

Long Island insurance firm settles age bias claim for $300,000

06/09/2014
PJP Health will pay three f­ormer employees $300,000 to settle charges it harassed, fired and retaliated against the workers.

For wage litigation, no disguising common ownership

06/09/2014
Setting up several different corporations to run related enterprises won’t insulate the businesses from liability for wage-and-hour claims if the interrelationship is close.

Act fast on word of supervisor harassment

06/09/2014
Here’s a powerful reminder that when a supervisor is the harasser, prompt action can still save the day—as long as the harassed employee hasn’t yet been demoted, fired or otherwise substantially harmed.

A few isolated, annoying comments don’t create a hostile work environment

06/09/2014
Disabled employees are entitled to a workplace that’s free of hostility or harassment because of a disability. But that doesn’t mean that a few isolated comments are enough to create a hostile work environment.

Retaliation rule: Would ‘reasonable employee’ have been dissuaded from complaining?

06/09/2014
Employers can’t retaliate against employees for complaining about alleged discrimination or harassment. But before something is considered retaliatory, it is measured by whether a reasonable employee would find the alleged retaliation severe enough to have dissuaded him from complaining in the first place.

Limit requests for employees to prove religious need to be exempt from grooming code

06/09/2014

Before accommodating certain dress practices, employers can ask for some kind of proof of the religious custom that demands an exception—usually a letter from the employee explaining the practice and stating that he or she adheres to it. Once that letter is on file, however, employers should be careful about again demanding that the employee explain the practice or produce evidence of its validity.

TGI Fridays served with class action in N.Y. court

06/09/2014
Hospitality giant Carlson Restaurants faces a class-action suit alleging numerous Fair Labor Standards Act violations at the TGI Fridays casual dining chain.