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Employment Law

What should we do? Employee says he’s allergic to co-worker’s service dog

08/13/2013
Q. After making several accommodations for an em­­ployee who was recently diagnosed with epilepsy and assigned a service dog, another employee is now claiming he is allergic. Can we ask for medical documentation to confirm his allergy? And aside from moving him farther away from the dog, are there other accommodations we are required to make for him?

Supreme Court rejects EEOC’s broad definition of ‘supervisor’

08/13/2013
In a major victory for employers, the Supreme Court in June ruled that, in Title VII cases, only someone with the power to take “tangible employment action” can be considered a supervisor. The Court’s decision in Vance v. Ball State will make it harder for employees to sue for supervisor bias, a claim that carries strict employer liability.

New York City statute grants employees new sick leave rights

08/13/2013
The New York City Council has passed the Earned Sick Time Act (ESTA), overriding Mayor Michael Bloomberg’s veto. The law will be phased in for private employers. Under ESTA, private-sector employers with 20 or more em­­ployees in New York City will be required to offer each employee at least 40 hours of paid sick leave per year beginning on April 1, 2014.

L.I. 7-Eleven owners accused of ‘plantation’ crimes

08/13/2013
Nine 7-Eleven owners and managers from Long Island and Virginia are under arrest after federal authorities accused them of masterminding an illegal immigration scheme and then exploiting workers smuggled into the country to work in the convenience stores.

Deaf patrons steamed at lower Manhattan Starbucks

08/13/2013
According to a suit filed in federal court, workers at a New York City Starbucks openly mocked deaf patrons—and their rude behavior didn’t stop there.

Boss, employee of different races? That’s not bias

08/13/2013
Most workplaces now reflect the nation’s increasing diversity. Don’t let that worry you. An employee can’t sue just because a ­manager who makes employment decisions belongs to a different racial group.

Public employers: OK to demand medical records if drug test leads to rehab

08/13/2013
Public employees who work in jobs related to public health and safety and who test positive for drugs can’t refuse to sign medical releases related to treatment for drug and alcohol problems.

Relax! Merely unpleasant working conditions won’t make you a target for bias lawsuits

08/13/2013
Sometimes, work is just plain unpleasant. That’s no reason for employees to sue. Unless the working conditions can be traced to some form of illegal discrimination, the court system won’t intervene.

Anti-harassment policy, training are meaningless if supervisors decide to ignore them

08/13/2013
When a co-worker makes himself a nuisance (or worse), a robust anti-harassment policy, a clear reporting method and swift and sure action will cut liability in almost all cases. But what if the policy isn’t en­­forced or a supervisor learns about the harassment but ignores the problem and doesn’t take action? Then all bets are off.

Hell hath no fury like an English major scorned

08/13/2013
Publishing giant Condé Nast is being sued by two college students who allege they were illegally underpaid while interning at two of the company’s flagship magazines.