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Employment Law

New Yorkers’ EEOC claims fell–just slightly–in 2011

06/08/2012
New Yorkers filed 3,802 discrimination claims with the EEOC in fiscal year 2011, two fewer than the year before, according to data the commission just released.

Settlement after workers (and rabbis) say pay wasn’t kosher

06/08/2012
Brooklyn’s Flaum Appetizing has settled a long-running pay dispute with 20 Hispanic employees at its Williams­burg plant. The kosher food maker and deli agreed to pay the workers $577,000 to settle the dispute.

Beware! Off-duty harassment may still be your problem

06/08/2012
Sometimes, sexual harassment happens after hours, not in the work­­place. But if there’s a sufficient connection to work, employers may still be liable.

Court: No free lawyer unless case has real merit

06/08/2012
There is no constitutional right to a free attorney in employment dis­­crimination cases. Unless a so-called pro se litigant can show the court that his claim clearly has merit, he’ll have to serve as his own lawyer.

It’s your call: Intermittent FMLA leave following birth is up to the employer

06/08/2012

Some new parents don’t want to come back to work full time after giving birth. They may prefer a part-time schedule, using intermittent FMLA leave. But you don’t have to allow intermittent leave following birth unless the infant suffers from a serious health condition.

Crack down on supervisor harassment with tough policy, prompt corrective action

06/08/2012

HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy and a commitment to promptly investigate harassment allegations.

Don’t apply ADA to temporary conditions

06/08/2012

Some employees believe that any physical problems that linger after surgery or other medical treatment are disabilities that entitle them to ADA protection. That’s not true. Disabilities are permanent. Temporary, post-surgical problems don’t qualify.

Take same-sex harassment claims seriously

06/08/2012
According to a recent 2nd Circuit Court of Appeals decision, what one woman considers an innocent brush may be construed by the other woman as intentional same-sex harassment—and juries are best equipped to sort out who is right.

Track discipline for equitable punishment

06/08/2012

If you had to, could you quickly produce records showing that every employee who broke the same rule received the same punishment? Would you be able to readily explain any deviations? If you hesitated when answering these questions, it’s time for action.

Showing up for work: Do courts see it as ‘optional’?

06/07/2012
Finally! A court has figured it out. When disabled employees take leave under the ADA, it’s not always an open-ended ticket to calling in absent. If regular attendance is an essential element of the job, then calling in absent is not a “reasonable” accommodation …