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New York

OFCCP: Background checks only if job-related, necessary

03/05/2013
The Office of Federal Contract Compliance Programs has issued new guidance about how and when federal contractors may use a job applicant’s criminal background in the hiring process.

How to avoid liability when adding new employees

03/05/2013
Hiring great employees is difficult—and legally dangerous. Just a few ill-timed words in a want ad or interview can trigger a legal complaint. Here are the key liability hot spots to watch out for.

Dueling employee associations don’t prove discrimination

03/05/2013
The 2nd Circuit Court of Appeals has sensibly ruled that the existence of rival professional groups can’t be used to prove that workplace discrimination exists. Had the decision gone the other way, public employers likely would have seen a proliferation of special-interest employee associations.

Targeting men only is also sexual harassment

03/05/2013
Is a male employee complaining about behavior you would clearly see as sexual harassment if the employee were a woman? If so, do something about it.

Weigh costs and benefits before seeking trial in federal rather than New York courts

03/05/2013
In a case that shows trying to get a case into the federal system may backfire and wind up costing more for employers, a federal trial court has sent a lawsuit back to be heard by a state court.

Count on being sued if you fire employee who has complained about harassment

03/05/2013

Some things in life are certain. Like death and taxes, litigation follow­ing a firing after a discrimination complaint will happen. The reason: Judges are reluctant to toss out retaliation claims without first hearing all the evidence.

When you have no control over harasser, treat it like co-worker harassment

03/05/2013
According to a recent 2nd Circuit Court of Appeals ruling, when the alleged harassment comes from customers and others over whom the employer has limited control, the rules regarding co-worker harassment apply.

Mother Monster’s personal assistant seeks more OT pay

03/05/2013
Lady Gaga’s former personal assistant wants the flamboyant performer and cultural phenomenon to cough up another $400,000 in back overtime pay. Claiming she was on call 24/7, the assistant’s lawsuit says she should have been paid overtime for 128 hours per week in addition to her $75,000 a year salary.

Isolated sexist remark alone won’t lose lawsuit

03/05/2013

Some managers are just clueless about how to treat employees. You certainly don’t want to encourage boorish behavior. At the same time, you shouldn’t worry that a relatively harmless verbal blunder will land you on the losing end of a discrimination or harassment lawsuit. Just make sure your core HR processes are solid.

RIF looming? Base layoffs on logical criteria

03/05/2013

When business is down and you need to make cost-saving cuts, it can be tempting to use that as an excuse to shed a “troublemaking” employee. Don’t do it.