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Employment Law

EEOC issues fresh guidance on anti-retaliation compliance

03/09/2016
The EEOC has updated its enforcement guidance on retaliation for the first time since 1998.

Three new employment law issues affect New York employers

03/09/2016
This month, we bring you a compendium of new laws, ordinances and regulations affecting New York employers.

New York expands protection for transgender workers

03/09/2016
The New York Division of Human Rights has adopted new regulations expanding the definition of “sex” under the state’s Human Rights Law to include gender identity and transgender status.

Poor review isn’t infliction of emotional distress

03/09/2016
Sometimes, unhappy employees quit and sue, making claims that may never stick but that still have to be defended. A favorite tactic is to sue supervisors, claiming they intentionally inflicted emotional distress.

Language doesn’t create protected class

03/09/2016
An employee who claimed he was singled out and discriminated against because he did not speak a particular language has lost his discrimination case.

If disability accommodation is easy to grant–like early lunch–go ahead and grant it

03/09/2016
Every once in a while, a disability accommodation arises that is so simple to implement that it’s a no-brainer to grant it.

Not ready for work after FMLA expires? Consider more leave as ADA accommodation

03/09/2016
Do you automatically terminate employees who aren’t ready to return to work after using up their FMLA leave? That may be okay under the FMLA.

FMLA retaliation requires ‘but for’ proof

03/09/2016
Employees who claim they were fired for taking FMLA leave must show that taking leave was the sole reason they were fired—what’s known as the “but-for” cause.

Atheist entitled to ‘religious’ accommodation

03/09/2016
Employers have to reasonably accommodate their employees’ religious beliefs and practices. But what if the worker happens to be an atheist?

DOL initiating more FMLA enforcement

03/07/2016
You don’t have to be sued to lose an FMLA case.