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Employment Law

Expanded ADA disabilities coverage may affect drug testing

11/01/2011

We all anticipated that the Ameri­­cans with Disabilities Act Amend­­ments Act (ADAAA) would make it easier for certain medical conditions to qualify as protected disabilities. That was, after all, the point of the law. Earlier this year, the EEOC provided an example of just how well the ADAAA may do that.

Woodbury broker sued for retaliation after bias probe

11/01/2011
The EEOC is suing Woodbury-based insurance broker Sterling and Sterling on behalf of a former employee who says she was fired for cooperating with an EEOC investigation.

EEOC takes a page from Madison Avenue’s playbook

11/01/2011
The EEOC has a new and aggressive tactic to shore up the lawsuits it files against employers accused of violating employee rights: It’s running ads asking workers to come forward with their grievances.

Frivolous lawsuit? You’ll need patience

11/01/2011

This may be tough to accept, but sometimes when an employee sues, you just have to be patient. It’s especially difficult if you know that the employee isn’t telling the truth. The judge hearing the case will probably see through bogus claims.

Isolated, subjective incident doesn’t justify bias lawsuit

11/01/2011
Some employees always have a chip on their shoulders. They interpret every comment as criticism—and then blame work problems on discrimination. Fortunately, not every look, comment or gesture leads to a successful employee lawsuit.

Defying expectations: Why failing to live up to stereotypes won’t make worker’s suit a winner

11/01/2011
A unique case highlights a twist on the usual definition of discrimination: If an employee is fired for failing to live up to a stereotype about a particular race or nationality, she’s unlikely to win a discrimination lawsuit.

When salaries differ within job classification, be prepared to offer data explaining why

11/01/2011
Smart employers document all the reasons for every rate of pay, in case someone later alleges some form of discrimination. That way, they’re prepared to justify exactly why one worker earns more or less than another similarly situated colleague.

Beware cryptic notes in your HR files–they could be used against you in a later lawsuit

11/01/2011

Before you enter into official files your handwritten notes on conversations, recollections or thoughts about an HR decision, consider how your words might be interpreted. Best practice: Draft a memo that summarizes and fleshes out your notes—and that makes your ideas perfectly clear. Then toss out the original notes.

No exit in Brooklyn: Locked doors mean OSHA fine

11/01/2011
Fine Fare Supermarkets faces $62,000 in fines after OSHA inspectors found that all five emergency exits at a store in Brooklyn were kept locked during the night shift. OSHA standards require employees to be able to open an exit route door from inside at all times, without keys, tools or special knowledge.

Known disability, safety concern? Testing OK

11/01/2011

Disabled employees may believe that their employers can never insist that they take a test related to the disability. That’s not true. For example, if an employee has a known disability and is observed making safety-related mistakes, it’s perfectly reasonable to demand an assessment of whether the employee is capable of performing the job.