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New York

EEOC issues guidance for helping victims of domestic violence

12/05/2012
New EEOC guidance shows how Title VII and the ADA may affect employer efforts to assist employees victimized by domestic violence. It shows how em­­ployers might be inadvertently compounding victims’ pain—and how that might create legal liability.

This would so require Don Draper to fix a drink

12/05/2012
The fear of being sued became a self-fulfilling prophecy for Collin De Rham, a screenwriter for the hit cable series “Mad Men,” and his wife after they fired the nanny who cared for their young child.

NY High Court peering into Starbucks’ murky tip pool

12/05/2012

The state’s highest court is weighing how New York state law applies to Starbucks’ tip-pooling practices, which funnel some customer tips to management personnel. The case has wound through the legal system as courts try to determine how state law applies to Star­­bucks’ tip pools.

A slam-dunk lawsuit? NBA charged with gender bias

12/05/2012
The National Basketball Association faces a sex discrimination lawsuit filed by a woman who was once a senior account executive for the league.

Former CEO claims Brooklyn credit union retaliated

12/05/2012
The former head of the Brooklyn-based Polish and Slavic Federal Credit Union is suing the financial institution, claiming he was fired because he refused to follow its policy: hiring only workers of Polish descent.

Track FMLA return history to show you don’t retaliate

12/05/2012

Track every employee’s use of FMLA leave and what happens when he returns to work. Why? If you happen to terminate the employee shortly after he returns from approved FMLA leave, he may claim retaliation.

EEOC can order employer to keep former harasser away

12/05/2012
Most employers think that once they fire a harasser, the matter should be pretty much over. But the EEOC has now won the right to order an employer never to rehire a harasser and to ban him from the premises indefinitely.

Common-sense court decision: Promotion isn’t adverse employment action

12/05/2012

Retaliation for filing an EEOC or other complaint is anything that would dissuade a reasonable employee from complaining in the first place. But what if the employer does something that most reasonable people would consider favorable?

Employee refuses to cooperate with internal investigation? That’s a firing offense

12/05/2012
Just as employers have a responsibility to investigate allegations of wrongdoing, employees have an obligation to cooperate with internal investigations. Refusing to do so can be grounds for termination.

Boss embroils steakhouse in same-sex harassment case

12/05/2012
Sparks Steakhouse in Midtown Man­­hattan will pay $600,000 to settle a same-sex harassment lawsuit that alleged the upscale eatery did nothing to stop a male manager from groping waiters.