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New York

Budget constraints may be legit reason for reassignments

11/25/2019
Courts generally grant great leeway when an employer cites budget cuts or other economic justifications for personnel moves. Employees challenging such decisions need to do more than say they believe discrimination played a part. They must have some evidence.

Think twice before firing immediately after employee has filed EEOC complaint

11/25/2019
If you suddenly fire a worker who just filed an EEOC complaint and can’t explain why, expect a retaliation lawsuit. That’s because filing an EEOC complaint is protected activity, so the timing alone looks suspicious.

Begin interactive accommodations process as soon as employee tells you about disability

11/25/2019
When confronted with an accommodation request you believe is based on a valid disability, do what you can to help. Otherwise, you may face a lawsuit, especially if the worker feels threatened or punished for his requests or is terminated.

Don’t delay: Act on termination decision ASAP

11/25/2019
When you have good reason to fire a worker, it makes little sense to put off acting on your decision. That’s especially true if it’s for poor performance. Otherwise, if the employee’s work improves in the interim and he has decided to complain about discrimination, your subsequent termination may look like retaliation.

Bullying complaint doesn’t trigger Title VII protection

11/21/2019
Employees who file internal discrimination complaints based on age, race, sex or other protected characteristics are protected from retaliation. But if the complaint is more general—such as that the supervisor is a bully—that’s not enough.

Poor health doesn’t excuse poor performance

11/04/2019
Employees with a serious health condition are entitled to FMLA leave. That doesn’t mean poor health is an excuse for poor work.

Harassment victim told to put on your ‘big girl panties’

11/01/2019
When an employee at a Walmart store in Rochester complained about sexual harassment, her managers took an unusual approach.

Take proactive steps to deal with threat of workplace violence

10/24/2019
Employers have a legal obligation to protect employees from harm at work, and that includes keeping them safe from the threat of violence in the workplace.

New NLRB standard on changes favors employers

10/24/2019
The National Labor Relations Board has issued a favorable decision that makes it easier for employers to demonstrate that a unilateral change in terms and conditions of employment was permitted by the collective bargaining agreement.

Don’t turn down FMLA because paid leave is available

10/24/2019
While employees may prefer taking paid leave and will often use vacation, personal or sick time to have a paycheck, employers shouldn’t refuse an FMLA request just because paid leave is available.