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New York

Keeping up with recent New York employment laws

09/23/2019
You’re not alone if you feel as if the New York state legislature has been passing a new law affecting employers almost weekly. It has, and keeping up isn’t easy. Here are two recent changes.

EEOC nails polish factory for failure to accommodate

09/23/2019
Kirker Enterprises, which operates a nail polish factory in Newburgh, N.Y., faces an EEOC lawsuit claiming that when the company took over the plant in 2015, it withdrew a successful accommodation that had been provided to a disabled employee.

Amputated finger points to several OSHA violations

09/23/2019
In all, OSHA cited the employer for 17 violations and fines totaling $287,212. The amputation was just the tip of the workplace safety iceberg.

Extending probation doesn’t count as adverse action

09/23/2019
Employees who sue for discrimination must show they suffered an adverse employment action. But that action must be substantial. An extended probationary period usually isn’t enough.

Personality traits are not disabilities under the ADA

09/23/2019
Asking a worker to undergo a psychological exam to determine his fitness for work isn’t the same as regarding him as disabled under the ADA.

Men are responding to #MeToo: Backlash may open door to more lawsuits

09/23/2019
For almost two years now, the #MeToo social media movement has helped bring down powerful men accused of sexual harassment. But #MeToo has also triggered a backlash of sorts, mainly from men who claim they have been falsely targeted.

Supervisor’s name-calling enough for lawsuit

09/23/2019
When a supervisor regularly calls employees derogatory names, that may be enough to move a discrimination lawsuit forward. It’s one reason you should warn all managers and executives that they must treat all subordinates with respect.

Don’t withhold info needed to apply for promotion

09/19/2019
If you often promote workers from within, make sure everyone has a chance to apply. If you withhold information or otherwise thwart efforts to apply, a disappointed employee can sue if she has reason to believe you had some discriminatory reason to prevent her from being promoted.

Can telecommuters claim hostile environment?

09/19/2019
Don’t assume that an employee who works from home can’t launch a hostile work environment claim. Prevailing in such a lawsuit doesn’t depend solely on demonstrating a pattern of direct interpersonal hostility. Other factors count, too.

Objective measures are most persuasive, so focus on performance criteria

09/02/2019
Remind supervisors to always focus on performance—not intangibles like “attitude”—using as many objective measures as possible. If an employee later alleges some form of discrimination, you’ll be able to demonstrate that you kept things professional by focusing on what really matters: doing the job.