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Discrimination / Harassment

Add failure-to-hire claims to list of employment law issues involving internships

11/14/2013
You have probably read that un­­paid interns are suing ­employers for unpaid minimum wages and winning. Now they’re pushing the envelope even further, trying to get federal courts to hold employers liable for sexual harassment and hostile environment claims, too.

EEOC sues sheet metal contractor for sex bias

11/14/2013
Cold Spring Harbor-based Vamco Sheet Metal faces an EEOC sex discrimination lawsuit resulting from its work on an expansion on the campus of the John Jay College of Criminal Justice be­­tween 2009 and 2011.

Ensure taking leave is employee’s choice

11/14/2013
Forcing someone to take leave when she doesn’t want to can be considered an adverse employment action and become the basis for a discrimination or retaliation lawsuit.

Stop harassment by reining in sexual banter

11/14/2013
A few stray, sexually oriented comments between co-workers aren’t enough to support a full-blown sexually hostile work environment lawsuit. But you can prevent serious legal trouble by stepping in before it gets out of hand.

Handling complaints: Do bosses know chain of command?

11/14/2013
A new court ruling says that even a manager who can’t hire, fire or discipline can still hold a company responsible for Title VII harassment liability if he or she fails to send an employee’s complaint to the correct links on the corporate chain …

Strive for harmony, plan for a lawsuit: Document every complaint as if you’ll be sued

11/12/2013

You probably have a great anti-­discrimination and anti-harassment written policy. Unfortunately, failing to accurately track every employee complaint about these issues could mean your policy efforts will backfire if the dispute winds up in court. How could that happen?

It’s business as usual, even after sex change

11/06/2013
Here’s a tip for handling em­­ployees undergoing sex changes: Make sure the employee isn’t har­­assed and that it’s business as usual in the workplace. Treat the employee as you always have and don’t fear legitimate discipline or an evaluation based on performance.

Beware subtle age-bias peril: Don’t assume older employees are ready to retire

11/05/2013
Employees in this day and age often want or need to keep working despite advancing age. If you force out those workers, you’re asking for trouble.

ENDA nears Senate passage

11/04/2013
Fifty-six senators have said they will vote for the Employment Non-Discrimination Act (ENDA) if it comes up for a vote this month.

Be sure to document any deviation from evaluation rules

11/01/2013

Following your own rules for discipline, promotion and evaluation is the best defense against a discrimination lawsuit. But that doesn’t mean you can’t make exceptions to your rules when the situation calls for it. Just make sure that you document why you made the exception at the time you did.