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New York

Complaint alleges shocking bias at General Electric

01/09/2013
A black General Electric employee has sued the multinational conglomerate for $50 million, alleging she was the victim of race and sex discrimination while working for GE Electric in Schenectady.

57 NY firms ace awards for gay-friendly practices

01/09/2013
Each year the Human Rights Cam­­paign rates Fortune 500 companies on how well they treat lesbian, gay, bisexual and transgender (LGBT) employees. Fifty-seven New York firms couldn’t have scored any better, earning perfect 100s.

Don’t punish advocacy for co-worker’s FMLA rights

01/09/2013
Remind supervisors: It’s illegal to retaliate against an employee who advocates on behalf of a co-worker’s right to FMLA leave and reinstatement.

Be prepared to prove employees’ at-will status

01/09/2013
Does your handbook clearly spell out that employees are truly at-will employees? If not, be sure to add language doing so the next time you update your handbook.

Court: Georgia flag’s Confederate design does not create a hostile work environment

01/09/2013
The 2nd Circuit Court of Appeals has refused to reinstate a hostile work environment case involving the display of the Georgia state flag in the South­ampton Union Free School District.

Government whistle-blowing is protected speech–unless delivered in insubordinate manner

01/09/2013
Public employees who speak out on matters of public importance are engaging in protected speech. However, that protection has limits. When the “speech” is rude, offensive or threatening—and it occurs at work—the employer is free to punish the employee for the speech’s delivery (not its content).

Give employee time to weigh severance offer

01/09/2013
If you want to offer a severance package to an em­­ployee in exchange for giving up the right to contest a discharge, give him plenty of time to consider the offer. If you don’t, the signed deal may not be final.

New York towns may discipline cops outside terms of union contract

12/30/2012

A recent New York Court of Appeals decision gives New York municipalities the right to discipline police officers outside of the collective bargaining framework. The decision stated that the New York State Town Law (known as the Taylor Law) governs police discipline regardless of any existing CBA.

Beware ADA claims if alleged victim isn’t satisfied with harassment investigation

12/30/2012

Some sexual harassment complaints don’t pan out. If, after investigating, you conclude that no harassment took place, the employee who complained may not be satisfied. How should you handle her? Your best bet is to address her concerns about having to work around the alleged harasser.

Employee passed test? He’s probably ‘qualified’

12/30/2012

For an employee to win a dis­crimination lawsuit, he has to show that he was qualified for the job he held. Some employers assume that if they disciplined the employee for poor performance, that proves he wasn’t qualified. But a court might not see it that way if you trained and tested him before putting him to work.