• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Nondisabled workers earn ADA protection, too

09/01/2007

Q. I know the Americans with Disabilities Act (ADA) gives disabled employees special rights. But I read that the law also extends to employees who aren’t disabled. How is that so? —N.L. …

Are Waivers a Cure-All for Employee Lawsuits?

09/01/2007

Q. Is obtaining a legal release from an employee in exchange for severance pay guaranteed to prevent any legal action by that person? —J.S. …

Best bet: Always investigate hostile environment claims

09/01/2007

You’ve heard a rumor that one of your employees is looking for or has already accepted another job. Then you call him into a meeting to discuss the matter. You ask whether the rumor is true. That’s when the employee admits the job hunt, but hits you with the reason: He claims the work environment is so hostile that he has no choice but to look. What’s your next step? Do you fire him since he’s looking for other work? Or do you tell him you will investigate his claims and then follow up? …

NYSHRL assigns personal liability to those who harass

09/01/2007

Having trouble finding the best way to explain to employees that it’s in their best interest to maintain a harassment-free environment? Try this persuasive sentence: Co-workers who participate in discriminatory conduct can be held personally liable for damages. Or explain it this way: If co-workers name-call, harass or otherwise discriminate against another co-worker, their assets—house, car and personal possessions—are on the line …

Instruct supervisors: No work before official hire date

09/01/2007

Make sure all supervisors who have direct contact with job applicants understand this simple rule: No new employee performs any work until HR approves the hiring and provides a start date. Otherwise the applicant’s time spent “working” may become the basis for a Fair Labor Standards Act (FLSA) claim. Then, it will be your word against the applicant’s as to how many hours he or she actually worked …

Personality clash? Don’t automatically transfer complainer

09/01/2007

Employees who complain of harassment may actually be experiencing a personality conflict. Circumstances that lead someone to see harassment based on race, disability or gender may be nothing more than the result of difficulty getting along with others. If your internal investigation reveals no real discrimination, you may be tempted to move the feuding parties as far away from each other as possible. But that may backfire, especially if the person you transfer is the one who complained of discrimination in the first place …

Provide training when promoting into management ranks

09/01/2007

When promoting someone from the rank-and-file to first-level management, be sure to provide harassment and discrimination training. Here’s why: If the employee you have selected as a supervisor has a hidden history of discriminatory behavior, you’ll want to make sure that’s all in the past …

Complaint process no defense against discrimination claim?

09/01/2007

It’s well-established that employees who claim they have been subjected to a hostile work environment but don’t take advantage of their employer’s complaint process won’t get a chance to take their cases to court. Ever since the landmark U.S. Supreme Court decisions in the Faragher and Burlington Industries cases, employers can use their complaint processes as a defense against co-worker harassment. But what about under state laws, such as the New York State Human Rights Law? …

No unemployment compensation for co-Worker’s offensive comments

09/01/2007

Employees who quit their jobs because they can’t get along with a co-worker usually aren’t entitled to unemployment compensation payments. But what if the difficult co-worker is actually making offensive and possibly discriminatory comments? …

Merrill Lynch faces suit over trading-Floor access

09/01/2007

The EEOC has filed suit against Merrill Lynch, claiming the brokerage firm discriminated against Majid Borumand, a former employee who is an Iranian Muslim. So far, the two can’t agree even on Borumand’s job title …