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New York

Goodwill didn’t show any to disabled NYC janitor

01/28/2020
Goodwill Industries of Greater New York and Northern New Jersey has agreed to pay a former janitor $65,000 to settle charges of disability discrimination.

On the Border: Harassment on Long Island crossed line

01/28/2020
A discrimination complaint on Long Island has resulted in a $100,000 settlement.

Thoroughly document poor performance

01/28/2020
Carefully document everything you do as soon as you start disciplining an employee for poor performance. You may need those records later if the employee claims some kind of discrimination.

Retain all documentation related to discipline

01/28/2020
Require supervisors and managers to preserve all evidence involving recommended discipline. That includes things like video recordings.

Being short probably not an ADA-qualifying disability

01/23/2020
Merely being shorter than most people is not enough on its own to be classified as disabled under the ADA. To qualify, an applicant or employee who is short in stature would have to show that her condition substantially impairs a major life activity.

Flu season is here! FMLA, ADA and objections to vaccines

12/20/2019
Influenza season is well underway, and there is every indication that the flu bug will bite lots of workers this winter. Many will need time off to recover. That raises two important questions: Is that leave protected by the FMLA? Can employees lawfully refuse to get flu shots?

Coping with New York state’s new employment laws

12/20/2019
As we enter 2020, employers should review their policies and handbooks to make sure they take into account new laws recently enacted or about to go into effect. In particular, new rules make it easier for employees to file and win lawsuits.

Spotted error in administering FMLA leave? Fix it fast to show your good faith

12/20/2019
The FMLA has strict rules on how and when to designate an employee’s time off as FMLA leave. However, if you make a technical error but act quickly to correct it, you probably won’t face liability if an employee sues for an FMLA violation.

‘Reply All’ email response may be protected by NLRA

12/20/2019
The National Labor Relations Act allows employees to discuss working conditions among themselves. That includes responding to a critical email about working conditions by hitting “Reply All” to offer support or thanks to the original sender.

You can’t accommodate every disability

12/20/2019
A consensus on possible and practical accommodations usually emerges when the employer and employee engage in an interactive process to explore various options. But that isn’t always the case.