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Employment Law

Worker doesn’t have to say ‘Harassment’ to make claim

05/01/2007

Don’t wait for employees to use the magic words—“sexual harassment”—to begin investigating a complaint. It’s up to you and your management team to decipher an employee’s protests to determine if they could fall into that legally dangerous harassment-complaint zone …

Loose-Lips Alert: Train managers and supervisors that press comments carry weight

05/01/2007

If you don’t have a public relations department to handle press inquiries, make sure you train managers and supervisors on how not to talk to the press …

New worry: Maintain security or face lawsuits from injured rescuers, too

05/01/2007

As if you didn’t have enough to worry about in this day and age of workplace violence, now the New Jersey Supreme Court has added another problem: You must make sure you take reasonable measures to provide a safe workplace, or police and firefighters responding to an emergency can sue your company for damages …

Lawsuit burns Teaneck Fire Department … yet again

05/01/2007

Teaneck Township will pay $750,000 to a firefighter to settle a race discrimination and retaliation lawsuit, its second large settlement in a year …

Casino workers organize, joining United Auto Workers

05/01/2007

Dealers at Caesars Atlantic City voted to join the United Auto Workers (UAW) Union on March 19, followed closely by Trump Plaza Hotel and Casino dealers on April 1 …

Amputee fought discrimination, wins chance to fight fires

05/01/2007

The New Jersey Merit System Board has ruled that an amputee who wears a prosthetic leg must be reinstated to the hiring list of the Paterson Fire Department Academy, overturning the city’s attempts to bar him from entry …

Hell hath no fury … but $9 million should help

05/01/2007

A female executive told a jury she hit the glass ceiling after her boss created a new position above her and filled it with a male. She filed suit against her employer, an aircraft manufacturer, and was fired shortly afterward …

Prepare to justify policy barring former criminals

05/01/2007

Does your organization have a blanket policy of refusing to hire applicants with criminal records? If so, make sure you can explain exactly why. Because minority applicants may be statistically more likely to have criminal records, requiring a clean criminal-record history may have a disparate impact on a protected class and violate Title VII …

Nursing mom protected from discrimination? Maybe

05/01/2007

Some new mothers returning to work after giving birth request time off during the workday to express and store breast milk. Some states have passed specific laws protecting nursing women from harassment and discrimination …

You can force ‘Fitness for duty’ exam with good reason

05/01/2007

It certainly shouldn’t be a routine practice, but you can require employees to undergo “fitness for duty” examinations. The trick is knowing exactly when and why such an exam is legal—or not …