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Discrimination / Harassment

Salon cuts losses, agrees to pay for pregnancy bias

04/03/2012
Warren Tricomi Salons, with locations on New York’s Upper East Side, will pay $30,000 to settle a pregnancy discrimination suit filed by the EEOC on behalf of an assistant who claims the company re­­scinded an offer to promote her and then fired her after her boss learned she was pregnant.

Guilty plea may end officer’s discrimination case

04/03/2012
A police officer who betrays the public’s trust by committing a crime may automatically lose his job. And if he pleads guilty to a covered offense, a court has ruled, any complaint he had that the employer treated him unfairly by suspending him will be dismissed.

Disabled employee sues under NYHRL? HR managers may be held personally liable

04/03/2012
Here’s a new worry for New York HR managers: Mess up too badly and you could be held personally liable for damages under the state’s New York Human Rights Law. Something as simple as refusing to approve what turns out to have been a reasonable accommodation may leave you on the hook for thousands of dollars or more in damages.

Outrageous claims? Let legal process play out

04/03/2012

Employees and their lawyers can make some outrageous allegations in lawsuits. It may be part of an effort to get publicity, or maybe it just re­­flects the employee’s subjective per­­ception of what happened instead of objective reality. Either way, don’t panic. Chances are, the case will be tossed out when the judge sees there’s no substance to the allegations.

Manager recommends discipline or firing? Investigate before agreeing to go along

04/02/2012

Here’s something to consider the next time you authorize discipline or discharge: It pays to independently investigate management’s underlying reasons for the action. Do that even if the employee in question doesn’t belong to a traditional protected class.

Poor performer? Give examples during review

04/02/2012
Not every new hire works out—including applicants who looked promising or at least competent during the interview process. You’ll want to give the employee a chance to improve, but you’ll also want to protect the company in the event of a lawsuit. Providing a detailed and thorough performance review that includes specific examples and suggestions will help.

AC contractor chills and settles sexual harassment claim

03/30/2012
Hobson Air Con­­di­­tion­­ing, a Weatherford contractor, has agreed to pay $37,500 to settle charges that a manager created a sexually hostile work environment.

Is it really whistle-blowing? Not without good faith

03/30/2012

Some employees think that throwing around a few unfounded allegations makes them whistle-blowers. They assume that by reporting what they think is illegal activity, they gain job protection. That’s not always true. If the alleged misconduct isn’t reported in good faith, there’s no protection.

Treat arbitration like any other litigation

03/30/2012
Employers sometimes assume that because a case is in arbitration, they don’t have to take the case as seriously as they would during courtroom proceedings. That can be a big mistake.

Citibank settles age discrimination complaint for $500,000

03/30/2012
The Financial Industry Regulatory Authority (FIRA) has ruled Citibank violated state anti-discrimination laws when it fired Edward Laurence Bowne in 2008—and ordered the bank to pay Bowne $500,000 in compensation.