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Discrimination / Harassment

Prepare to show you were fair if disabled workers take a hit during RIF

06/16/2014
Sometimes, poor appearances lead to lawsuits. That can certainly be the case when a reduction in force (RIF) seems to disproportionately affect a protected class of workers.

Good past performance doesn’t rule out firing

06/16/2014

Sometimes, employees can only imagine that discrimination or retaliation is to blame for their sudden unemployment. If you had a good reason to terminate such an employee, don’t worry. The circumstances immediately preceding the discharge decision are what matter.

Changing job assignment soon after hire? That may be deemed a demotion

06/16/2014
Here’s a cautionary tale about changing a new employee’s job duties soon after hire. He or she may claim the real reason is discrimination if the change happened soon after a new boss discovered the employee belonged to a protected class.

Suspect an employee is being harassed? Ask if she wants an investigation

06/11/2014
Some employees may be embarrassed when they experience sex­­ual harassment. They may feel too uncomfortable to come right out and repeat offensive comments they heard. What should HR do?

State court awards $1.6 million to Manhattan lesbian chef

06/09/2014
A Manhattan chef will see her largest payday ever after a state appellate court upheld a $1.6 million judgment against her former employer. Edward Globokar, owner of Tribecamex, will fork over the big bucks to his openly lesbian chef.

Long Island insurance firm settles age bias claim for $300,000

06/09/2014
PJP Health will pay three f­ormer employees $300,000 to settle charges it harassed, fired and retaliated against the workers.

Act fast on word of supervisor harassment

06/09/2014
Here’s a powerful reminder that when a supervisor is the harasser, prompt action can still save the day—as long as the harassed employee hasn’t yet been demoted, fired or otherwise substantially harmed.

A few isolated, annoying comments don’t create a hostile work environment

06/09/2014
Disabled employees are entitled to a workplace that’s free of hostility or harassment because of a disability. But that doesn’t mean that a few isolated comments are enough to create a hostile work environment.

Retaliation rule: Would ‘reasonable employee’ have been dissuaded from complaining?

06/09/2014
Employers can’t retaliate against employees for complaining about alleged discrimination or harassment. But before something is considered retaliatory, it is measured by whether a reasonable employee would find the alleged retaliation severe enough to have dissuaded him from complaining in the first place.

Limit requests for employees to prove religious need to be exempt from grooming code

06/09/2014

Before accommodating certain dress practices, employers can ask for some kind of proof of the religious custom that demands an exception—usually a letter from the employee explaining the practice and stating that he or she adheres to it. Once that letter is on file, however, employers should be careful about again demanding that the employee explain the practice or produce evidence of its validity.