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New York

Special oversight OK for disabled employees who telecommute

11/14/2018
It’s OK to set slightly different conditions for two kinds of telecommuters, such as requiring tighter monitoring for disabled workers.

Employee doesn’t return after FMLA runs out? OK to fire for violating attendance policy

11/14/2018
If for some reason an employee doesn’t return to work at the end of his FMLA entitlement, then the employer is free to enforce a no-show, voluntary-quit rule based on the absences.

While you must accommodate disabilities, you don’t have to tolerate chronic absenteeism

11/14/2018
Employers must reasonably accommodate disabled workers so they can perform the essential functions of their jobs. But at what point does absenteeism make it impossible for the worker to perform the job?

Beat bias lawsuits by showing you enforce attendance rules fairly and impartially

11/14/2018
Courts like to see employers use fair, business-related reasons for discipline. A neutral no-fault attendance policy, applied evenhandedly to all workers in the same job classification, is very likely to stand up in court.

Visa sponsorship isn’t an employment contract

11/14/2018
By sponsoring a visa application, an employer helps secure an employee’s right to work in the United States. But doing so doesn’t necessarily create any obligation to employ the worker for a set period of time.

Contractors can sue for bystander retaliation

11/14/2018
If employees say something when they witness sexual harassment, a corporate culture that tolerates sexual harassment will begin to change. But what happens if an independent contractor or temporary worker reports witnessing sexual harassment? Is he or she protected from retaliation?

IBM could be facing two big age bias lawsuits

11/14/2018
Tech giant IBM faces a class-action lawsuit filed on behalf of three former employees who claim they were terminated in violation of the federal Age Discrimination in Employment Act and similar state laws.

EEOC: On the Border chain crossed the harassment line

10/17/2018
The EEOC has filed suit against national Mexican restaurant chain On the Border, alleging management at its Holtsville, New York location failed to stop racial harassment directed at one of its chefs who is black.

Simple warning doesn’t constitute retaliation

10/17/2018
A mere warning that one is facing potential disciplinary action doesn’t amount to retaliation for filing a discrimination complaint.

Discrimination claims must be based on good faith

10/17/2018
Complaining about discrimination is considered protected activity. Punishing employees for com­plaining may be retaliation even if it turns out that the original claim was meritless. However, the original complaint must have been made in good faith.