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Employment Law

Diverse workplaces may spur additional lawsuits

09/07/2011
Employers are discovering that having a diverse workplace may mean more lawsuits. Why? Employees belonging to groups that traditionally haven’t experienced discrimination may find more reasons to sue.

Bloomberg beats EEOC in pregnancy-discrimination class action

09/07/2011
The media empire Bloomberg L.P. has won a huge victory in a case championed by the EEOC. The agency had claimed that Bloomberg discriminated companywide against women who became pregnant and returned to work.

Use flextime schedule to curtail requests for unreasonable ADA accommodations

09/07/2011
One possible accommodation for disabled employees is a modified schedule that lets them take medications at prescribed times. To facilitate that, you may want to create a companywide flexible-schedule program. Doing so may mean a disabled employee won’t be entitled to any additional schedule changes.

You’re risking FMLA lawsuit if call-in rules don’t allow flexibility in emergencies

09/07/2011
Employers are generally free to set their own rules for when and to whom employees must call to report that they will unexpectedly have to miss work. But thanks to a recent 2nd Circuit Court of Appeals decision, that’s now far less certain.

At Jones Beach, fashion foul or was it age discrimination?

09/07/2011
When Long Island’s Jones Beach re­­quired its lifeguards to wear Speedo swimsuits for an annual swimming test in 2007, it chafed 61-year-old Roy Lester in more ways than one. He re­­fused to don the skimpy trunks for his test. The beach patrol fired Lester for in­­subordination.

When hiring, prepare for frivolous lawsuits

09/07/2011

It’s sure to happen: Eventually, a disgruntled applicant or employee seeking promotion will sue you for discrimination in the hiring or promotion process. And that lawsuit may lack any kind of merit. These days, desperate applicants may feel they have nothing to lose by suing. That’s why you should plan ahead.

Beware: PDA protection doesn’t end with birth

09/07/2011

Pregnant women have special protection from discrimination under the Pregnancy Discrimination Act. But many employers don’t realize that PDA protections continue for a period of time after the pregnancy ends. Essentially, anytime you terminate an employee who has recently been pregnant, you risk a PDA lawsuit.

Investigations: How to solve the classic ‘he said/she said’ impasse

09/07/2011
It’s a mistake that’s all too common: An employer investigating harassment claims or other workplace infraction fails to act when the inquiry bumps up against a “he said/she said” wall. There are four factors critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Texas Roadhouse beats religious bias lawsuit

09/06/2011
When an employee’s religious needs clash with an employer’s scheduling demands, courts often take the worker’s side. But a Nueces County jury recently turned the tables, deciding that the Texas Roadhouse restaurant chain had acted appropriately to accommodate an employee’s request for time off to practice his religion.

Feds find fault with ‘no fault’ attendance policies

09/06/2011

Verizon’s recent $20 million settlement of a class-action lawsuit—the largest disability settlement in EEOC history—is shining a spotlight on the legal risks of no-fault attendance policies. The lawsuit claimed the company violated the ADA by refusing to make exceptions to its no-fault attendance policy to accommodate employees with disabilities.