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Employment Law

Changing compensation systems? Here’s how to avoid age discrimination claims

07/12/2012
If you are contemplating changing your compensation structure to reflect today’s lean job market, do so carefully—especially if you suspect you may be overpaying some employees for the work they do. The problem: Older, more experienced workers may be at the top of your pay scales.

One innocent interview question that could land you in court

07/12/2012

Do you ask applicants what year they graduated from high school or college (or otherwise finished their education)? Does your application re­­quest that information? Watch out!

In Chicago school: ‘Teachable moment’ or racism?

07/12/2012
A white Chicago teacher was suspended for five days after he used the N-word in what he described as a “teachable moment.” The teacher used the epithet after he caught students passing a note containing rap lyrics that included the word.

New tool: Online database of consent decrees

07/10/2012
As part of negotiated settlements or court judgments, employers often sign off on “consent decrees” in which they agree to take (or stop) a certain action or pay damages. The Labor and Employment Law Program at Cornell University has unveiled an online repository of consent decrees, searchable by type of claim.

Keep detailed, contemporaneous records to show you are vigilant and consistent about discipline

07/08/2012
Lots of discipline takes place out of sight of most employees. Employees may be reprimanded or otherwise punished for inappropriate behavior without co-workers ever finding out. Sometimes, even the employee who raised the original problem—for example, harassment or an inappropriate joke—may not know the outcome.

DOL issues guidance on employing older workers

07/05/2012
The DOL’s Office of Disability Employment Policy commissioned a study to explore barriers to employing the disabled and guidance for employers in hiring and managing disabled em­­ployees. The study urges employers to follow these strategies to avoid age discrimination complaints:

Court curbs NYDHR’s jurisdiction on harassment, bias cases

07/05/2012
On June 12, the New York Court of Appeals held that the New York State Division of Human Rights does not have jurisdiction over discrimination and harassment complaints filed by public school students under the New York Human Rights Law.

Buffalo cheese maker melts under OSHA heat

07/05/2012
Buffalo-area cheese manufacturer Sorrento Lactalis faces $241,000 in fines following an OSHA inspection that revealed numerous hazards at its plant.

Manhattan school can’t dance away from age-bias claim

07/05/2012
Marymount Manhattan College’s refusal to hire a 64-year-old choreography instructor for a tenure-track position has left the New York City liberal arts school tap dancing around age discrimination charges.

Layoffs looming? Help workers find internal opportunities

07/05/2012

You never know which terminated employee will sue or for what. That’s why you should treat every layoff as a potential lawsuit. Defend yourself by doing all you can to help employees who may lose their jobs find other opportunities within the company.