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Discrimination / Harassment

Employee out on maternity leave: How long must we hold her position?

10/03/2008

Q. How long am I required to hold a position open for an employee who is on leave due to pregnancy? …

Prayer breaks may be reasonable accommodation

10/01/2008

Gone are the days when employers could accommodate employees’ religious practices by being flexible about who worked Saturdays and Sundays. Today, employers may have to offer additional prayer breaks in the middle of the workday, too …

Follow basic rules for job descriptions, interviews to avoid hiring bias

10/01/2008

Want to avoid needless lawsuits from disgruntled applicants? Adopt some basic rules for handling the selection process, and pay special attention to the all-important job description and interview. As the following case shows, employers that follow some simple rules probably won’t lose a hiring discrimination lawsuit …

Remind bosses: They may be personally liable for discrimination under N.Y. law

10/01/2008

Sometimes, it takes a strong argument to get supervisors to pay attention. Want them to make absolutely sure no one is being harassed or discriminated against? Just remind bosses that turning a blind eye to workplace problems may cause them terrible legal and financial problems of their own …

Solid policy, prompt responses to bias complaints can prevent lawsuits

10/01/2008

New York state law prohibits discrimination based on actual or perceived sexual orientation. Employers can protect themselves from needless discrimination lawsuits by introducing a robust anti-discrimination policy and a clear and effective process for resolving complaints. Acting fast is the key …

Is your release broad enough to bar all lawsuits?

10/01/2008

If your employees sign releases agreeing to settle minor employment-related claims out of court, make sure the language is broad enough to actually stop any further litigation …

Critical evaluation isn’t an adverse employment action

10/01/2008

Employees who claim they have been discriminated against because of a protected characteristic such as age or disability have to show that they suffered an adverse employment action. They can’t simply point to a poor performance evaluation.

Doctor charged, sued for alleged hidden bathroom camera

10/01/2008

Five women are suing Dr. Vincent Pacienza, claiming the Long Island cardiologist used a camera hidden inside an air freshener to spy on them when they used the office bathroom …

Hempstead Township faces sexual harassment suit

10/01/2008

Two former employees of the Hempstead Sanitation Department have filed a sexual harassment and race discrimination lawsuit claiming their supervisor, Frank Pepe, offered perks and gifts in exchange for sexual favors …

Maybe a rubber band would be better than a giant hat after all

10/01/2008

The EEOC has sued the Grand Central Partnership—the business-improvement district association for Midtown Manhattan—claiming it refused to accommodate four security guards who wear dreadlocks as required by their Rastafarian religious beliefs …