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New York

Mere ‘association’ with a disabled person doesn’t trigger need to accommodate

01/05/2012

A federal court has shot down an employee’s claim that he should have received an accommodation because of his association with a disabled individual. That’s good news, as it nixes time off to care for a disabled individual if the employee isn’t otherwise eligible for FMLA leave.

Use consistent hiring, firing processes to knock down age discrimination claims

01/05/2012
Smart employers use a variety of methods to prevent age discrimination and other claims. Such mechanisms don’t happen by accident, but require careful attention to detail and a comprehensive hiring and firing program.

Franco slacks, NYU prof sues after getting sacked

01/05/2012

What’s weirder: Actor James Franco earning a D in a drama class, or a NYU professor alleging he got the ax for ­giving Franco the lousy grade? José Angel Santana, who taught Franco in a 2010 directing class, says the university was so eager to please its star student that it retaliated when Santana issued the low grade.

Poor service an issue? Seek customer testimony

01/05/2012

If you have employees who deal directly with customers, how they handle those interactions may be grounds for dismissal. When a customer complaint plays a role in a discharge decision, make sure you can locate that customer later. Customers’ testimonies can be powerful in court because juries tend to view customers as impartial.

Carefully track angry employee’s complaints

12/12/2011
Do you have one of those em­­ployees who are never happy and always seem to find something to complain about? It may be tempting to ignore the constant complaining or chalk it all up to personality conflicts, but that would probably be a mistake. Carefully document the tension and your response.

Jury waivers: Your new alternative to arbitration agreements?

12/07/2011
Over the past couple of decades, there has been much debate over whether arbitration agreements can successfully prevent employees from asserting discrimination and other employment-related claims in court. Arbitration is seen as a risk-limiting tactic because juries are removed from the equation. Lost in this debate, however, is a simpler and perhaps more reliable means of managing an employer’s risk: a jury waiver.

AT&T settles ADEA suit

12/07/2011

AT&T has settled a suit filed by former workers who took early retirement offers from the company and then asked to be rehired. AT&T claimed early retirement packages made the workers ineligible to return to work.

Doggedly stubborn law firm sued over access for service animal

12/07/2011
You would think that a personal-injury law firm would be sensitive to a client’s need for a service dog, but apparently attorneys at the firm of Larkin, Axelrod, Ingrassia & Tetenbaum are unfamiliar with Title III of the ADA.

Hope arbitration can halt EEOC action? It won’t

12/07/2011

Employers may hope they can keep out of the EEOC’s crosshairs by having employees sign arbitration agreements. It usually doesn’t work. The EEOC is free to pursue litigation, even if you end up arbitrating employee claims at the same time.

Sometimes, even harsh judges take pity on employers

12/07/2011
When a jury concluded that a supervisor got a subordinate fired for complaining about race discrimination, it zapped the employer with huge punitive damages in addition to back pay. However, it will only have to pay a fraction of that amount.