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Discrimination / Harassment

Supreme Court Rules on the Admissibility of ‘Me Too’ Testimony in Discrimination Cases

02/26/2008
The U.S. Supreme Court issued a long-awaited ruling on whether employees can use so-called “me too” testimony when arguing their job-discrimination lawsuits. The high court showed some favor with the employees’ view, but sent the case back to the lower court for more review.

Too hot to handle? Office romances need careful HR TLC

02/12/2008

Cupid’s arrow eventually flies into every workplace. Risks: Office romances can be disruptive and, even worse, open the door to legal problems. Action: Balance your need to reduce legal risks with a realistic view of employees’ lives. Stay away from trendy "love contracts."

No need to reinstate if disability leave extends past FMLA

02/01/2008

After using up their available 12 weeks’ unpaid FMLA leave, many new mothers request additional time off. If you agree to additional time off to be covered by a short-term disability policy, check to see if that policy includes job protection. If it doesn’t, you don’t have to hold her job or even reinstate her. Don’t, however, start the search for her replacement while the employee is still on FMLA leave …

Stick with measurable, objective standards when discharging

02/01/2008

Concerned that any discharge decision you make will be second-guessed by a court or jury? Ease that worry by adopting a fact-based approach to discipline that relies on easily proven and verifiable work problems. Avoid generalities such as “just not working up to potential” or “not a team player and others have to pick up the slack.” Instead, go for the specifics …

When harassment suit looms, prompt action saves the day

02/01/2008

Open a New York newspaper and chances are you’ll see a headline featuring an employer in deep trouble for allegedly allowing an atmosphere of sexual or racial harassment to flourish. When you receive such a complaint, act immediately. Don’t wait. Often, that’s exactly what the employee’s attorney is hoping. Instead, investigate and reach a conclusion …

Goes without saying, but say it anyway: No porn at work

02/01/2008

You would think it’s common sense, but apparently it’s not. While viewing pornography may be perfectly legal in one’s home (with some exceptions, such as that containing images of children), such viewing has absolutely no place at work. The 2nd Circuit Court of Appeals consistently has ruled “the mere presence of pornography in a workplace can alter the ‘status’ of women” and may be objective proof of a hostile environment …

Beware changing recommendation after discrimination claim

02/01/2008

Many employers have strict policies on giving references for current or former employees seeking other jobs: Keep it simple—dates of employment, positions held and pay rates. But sometimes supervisors supply glowing recommendations anyway. They need to know that if they do, they had better be willing to stick with the accolades, even if their relationships with the employees change …

NY Education Law gives school employees just one year to sue for discrimination

02/01/2008

Good news for public school employers: Employees who allege they have been discriminated against under the New York Executive Law have just one year to start litigation—as specified in the New York Education Law. Most other employees have three years to mull over their lawsuit options …

Associate loses temper, job and now lawsuit against DLA Piper

02/01/2008

Charlene Morisseau, a litigation associate in DLA Piper’s New York City office, lost a $250 million race discrimination lawsuit against the law firm. Morisseau joined the firm in 2003 and was fired in less than a year …

Recruiter files sexual harassment suit against K-Sea Transportation

02/01/2008

A former recruiter for K-Sea Transportation of Staten Island is suing the company for $16 million, claiming it failed to address her sexual harassment complaints …