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

Employment Law

EEOC settles GINA discrimination lawsuit with N.Y. employer

03/13/2014

In January, the EEOC announced it had reached a settlement with Founders Pavilion, a former nursing and rehabilitation center in Corning. The EEOC had sued, alleging that Founders violated the Gene­­tic Information Non­­dis­­crimi­­na­­tion Act. The case marked only the third time the EEOC has brought a lawsuit alleging an employer violated GINA. It was the first time a GINA suit alleged systemic discrimination.

Cuomo proposes hotline for Albany harassment complaints

03/13/2014
Following a rash of sexual harassment complaints against state legislators, Gov. Andrew M. Cuomo has proposed an independent investigator for complaints against members of New York’s legislative and executive branches.

‘Game over’ for NYC worker, ‘game on’ for retaliation suit

03/13/2014
A snarky reply to an employee’s email—plus alleged retaliation—has landed a Manhattan firm in legal hot water.

ADA: Employer gets to pick reasonable accommodation

03/13/2014
Some employees believe that once their employer agrees that they are disabled, they can demand a specific accommodation. But that’s not true. In fact, it is the employer that gets to pick a reasonable accommodation.

Everyday rudeness and backbiting doesn’t necessarily mean hostile work environment

03/13/2014

When people are thrown to­­gether in the workplace, per­­s­­onality conflicts are almost inevitable. But unless there’s seriously abusive behavior or particularly offensive language, an occasionally rude workplace won’t be labeled hostile by a court.

Long history of misconduct? Document every step of disciplinary process

03/13/2014

When an employee is fired, he or she has nothing to lose by suing you. That’s why you should assume that every employee will do just that and prepare accordingly. That includes making sure you have documented every step of the disciplinary process, providing details and dates.

OK to fire despite isolated ‘old man’ comment

03/13/2014
Some employees joke around by calling other workers “old man” or making other insensitive ageist comments. You should certainly discourage comments that diminish employees, customers or others based on their protected characteristics. However, a few isolated incidents won’t mean a lost lawsuit if you also make sure that you terminate employees only for legitimate business reasons.

Leave in Las Vegas: Does vacation with dying mom count as FMLA time?

03/13/2014
Beverly was the sole caregiver for her mother, who was diagnosed with end-stage heart failure. A charitable group for terminally ill people gave her mother a six-day trip to Las Vegas. Beverly requested FMLA leave to join her mom, but her employer said “no.” Beverly went anyway, and then was terminated for unauthorized absences. She sued, saying that trip should be eligible for FMLA leave …

Base pay on the job–not the job description

03/12/2014
The Equal Pay Act makes it illegal to set separate rates of pay for men and women doing the same work. But some employers don’t understand that job titles and job descriptions don’t matter much when it comes to comparing jobs.

Prevent payback: Retaliation hits all-time high

03/10/2014
It’s more important than ever to remind supervisors that it’s unlawful to try to “get even” with people (staff or applicants) because they com­­plain about discrimination, either in house or to a government agency. While employee complaints to the EEOC about every type of discrimination declined from 2012 to 2013, only one rose: retaliation.