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Employment Law

ADA accommodations for caregivers?

10/09/2012

Under the ADA, employees who associate with disabled individuals can’t be discriminated against. But that doesn’t mean you are obligated to accommodate any schedule needs, provide additional time off or otherwise accommodate the employee so she can care for the disabled child.

Preventing and handling workplace harassment of teen workers

10/09/2012
Because of their youth and inexperience in the workplace, teenage workers are uniquely vulnerable to sexual harassment. It’s your responsibility to prevent harassment—and investigate it if it does occur.

Confidentiality instructions under attack by the NLRB and EEOC

10/09/2012
In a recent case, the NLRB issued a decision holding that a hospital violated the National Labor Relations Act by asking employees who had filed a complaint not to discuss it with co-workers while the investigation was pending. Shortly after, in a different case, the EEOC took a similar position.

Years later, new owners still owe for old transgressions

10/09/2012
Townsend Oil and Propane bought Nichols Oil & Gas in Macedon seven years ago. Turns out, the company also bought liability for harassment committed more than a decade ago by the former owner.

Cantor Fitzgerald hit with race discrimination suit

10/09/2012
Cantor Fitzgerald faces a discrimination and retaliation lawsuit filed by a black former employee who claims he was fired for complaining about race bias at the Manhattan-headquartered investment banking firm.

EEOC can’t be sued for negligent investigation

10/09/2012
Don’t like how the EEOC handled a case? Too bad. It turns out, you can’t sue the EEOC.

Adjust deadlines, help reassign projects before employee goes out on FMLA leave

10/09/2012
Employees who take FMLA leave can’t be disciplined for work that goes undone while they are out. To avoid confusion, always adjust schedules or find backup to meet inflexible deadlines while the employee who is usually responsible for the work is away.

Beware excessive monitoring of employees who raise discrimination concerns

10/09/2012
Everyone knows it’s retaliation to demote or fire an employee after he complains about discrimination or cooperates in an investigation. But what about less drastic actions? They might be retaliation, too, under the right circumstances. That can even include excessive monitoring after the employee has complained.

Document business realities, performance ­criteria that led to job-cutting decisions

10/09/2012
During tough economic times, businesses often have to cut labor budgets and eliminate positions. Smart employers make sure they document that process with facts and figures—just in case an affected employee decides to sue and tries to parlay a few stray, insensitive comments into the “real” reason she lost her job.

OSHA pops Champagne Demolition for retaliation

10/09/2012
Champagne Demolition in Albany faces an OSHA lawsuit claiming that it illegally fired an employee for reporting improper asbestos removal practices at a company worksite.