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Discrimination / Harassment

Employees can’t sue for ‘Perceived’ religious discrimination

11/01/2007

Unlike several other forms of discrimination—such as discrimination based on perceived disability—being mistaken for a member of a religious group and then being discriminated against based on that mistaken association isn’t illegal …

How to make sure you wind up in court: Block worker’s return from medical leave

11/01/2007

Don’t try to put up artificial barriers to discourage employees returning from medical leave. The employee probably won’t go away quietly. In fact, he may file a lawsuit alleging some form of discrimination under federal or New York employment law. What’s more, a court probably will allow a trial …

Fired Co-op City worker makes good on threat to kill boss

11/01/2007

Over the years, the RiverBay Corporation disciplined Co-op City porter Paulino Valenzuela for drinking beer on the job, cursing and threatening to kill his supervisor, Audley Bent. Finally the company, which manages the Bronx housing complex, fired him. On Aug. 30, Valenzuela made good on his threats …

‘Reverse racism’ or ‘Racism’—Victim says it’s all the same

11/01/2007

Mark Pasternak, of Buffalo, a former youth aide for the Office of Child and Family Services, won a $150,000 verdict for discrimination he suffered nearly a decade ago. Pasternak said, “They called it reverse racism, but for me, I thought all along it was just plain racism” …

ACLU forces abusive Manhattan retailer to pay up

11/01/2007

It took nearly a year, but the American Civil Liberties Union (ACLU) has finally forced Manhattan retailer Albert Palacci to pay for blatantly exploiting three immigrant women …

Time, room for breast-Feeding moms (Maybe a toilet, too)

11/01/2007

An August amendment to the New York Labor Law guarantees time and space for breast-feeding mothers to express milk at work, but stops short of emancipating them from the lowly toilet stall …

Law 101: Anti-Harassment training for managers, supervisors

11/01/2007

Developing, implementing and enforcing a comprehensive anti-harassment policy is vital to create a safe and comfortable work environment and minimize the potential damage from harassment lawsuits. But having an anti-harassment policy is not enough; the policy must be implemented, promulgated and consistently enforced. Training employees and managers on harassment law and the employer’s harassment policy is an important part of an employer’s defense against a harassment claim—whether the alleged harassment was by a supervisor or a co-worker …

On applications, arrests off limits; convictions fair game—With limits

11/01/2007

Q. Our employment application asks, “Have you ever been arrested? If so, list the nature of the arrest.” Is this legal? …

More than low rating required to win discrimination suit

11/01/2007

Believe it or not, federal courts don’t want to micromanage every aspect of your HR function. When faced with serious claims such as discrimination, courts ask employees to prove they suffered an “adverse employment action”—major damage such as a demotion, a cut in pay or discharge. They don’t tend to sweat the small stuff, such as lousy performance appraisals …

Employees get benefit of doubt on religious accommodation

11/01/2007

Employees are entitled to reasonable accommodation of their “sincerely held” religious beliefs. Employers face an uphill battle if they want to deny such requests because they doubt the sincerity of their employees’ beliefs. That’s because there’s very little employers can do to get such cases tossed out before they go to trial. End result? Lots of lost time—and lots of attorneys’ fees …