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New York

After hours: How to regulate employees’ off-duty behavior

11/29/2011
Employers can regulate what employees do away from work—but only within narrow limits. There are often good reasons to. Some off-duty acts reflect poorly on employers, raise insurance costs and create conflicts of interest. Here’s how to make the call.

New hire running into trouble right away? Document problems early and often

11/25/2011

Once in a while, the honeymoon is barely over before a new em­­ployee starts to struggle. Since every job has a learning curve, you may hesitate to terminate right away. But you can’t ignore the problems, either.

Court: Don’t expect access to past job records

11/25/2011
When a former employee sues, alleging she was terminated because of sex discrimination, the employer often argues that the real reason was poor performance. Don’t expect the court to let you go on a fishing expedition into the employee’s past. As this recent case shows, courts think past performance is no indication of future results.

Expanded ADA disabilities coverage may affect drug testing

11/01/2011

We all anticipated that the Ameri­­cans with Disabilities Act Amend­­ments Act (ADAAA) would make it easier for certain medical conditions to qualify as protected disabilities. That was, after all, the point of the law. Earlier this year, the EEOC provided an example of just how well the ADAAA may do that.

Woodbury broker sued for retaliation after bias probe

11/01/2011
The EEOC is suing Woodbury-based insurance broker Sterling and Sterling on behalf of a former employee who says she was fired for cooperating with an EEOC investigation.

EEOC takes a page from Madison Avenue’s playbook

11/01/2011
The EEOC has a new and aggressive tactic to shore up the lawsuits it files against employers accused of violating employee rights: It’s running ads asking workers to come forward with their grievances.

Frivolous lawsuit? You’ll need patience

11/01/2011

This may be tough to accept, but sometimes when an employee sues, you just have to be patient. It’s especially difficult if you know that the employee isn’t telling the truth. The judge hearing the case will probably see through bogus claims.

Isolated, subjective incident doesn’t justify bias lawsuit

11/01/2011
Some employees always have a chip on their shoulders. They interpret every comment as criticism—and then blame work problems on discrimination. Fortunately, not every look, comment or gesture leads to a successful employee lawsuit.

Defying expectations: Why failing to live up to stereotypes won’t make worker’s suit a winner

11/01/2011
A unique case highlights a twist on the usual definition of discrimination: If an employee is fired for failing to live up to a stereotype about a particular race or nationality, she’s unlikely to win a discrimination lawsuit.

When salaries differ within job classification, be prepared to offer data explaining why

11/01/2011
Smart employers document all the reasons for every rate of pay, in case someone later alleges some form of discrimination. That way, they’re prepared to justify exactly why one worker earns more or less than another similarly situated colleague.