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New York

N.Y. court refuses to apply Ledbetter Act to pay disparities because of missed promotions

10/07/2010

When Congress passed the Lilly Ledbetter Fair Pay Act, it sought to guarantee women who had been denied equal pay in the past fresh opportunities to challenge their lower pay with each paycheck issued. Now a woman alleging sexual harassment and retaliation has tried to use that act to revive old claims relating to promotions. Her bid to expand the law in court failed.

Bloomberg, court lock horns over firefighter hiring

10/07/2010
A Brooklyn court has extended an injunction preventing New York City from hiring new firefighters because existing hiring tests discriminate against minorities. The court proposed five alternative hiring plans that would bypass continued use of tests, but Mayor Michael Bloomberg claims all five require the city to use illegal quotas.

3 new state employment laws you must know

10/07/2010
Gov. David Paterson has signed into law legislation protecting domestic workers, granting bereavement and funeral leave rights to same-sex partners and ensuring fair play in the construction industry.

Pay cut? Beware constructive discharge claim

10/07/2010

Can an employee you never fired sue you for a discriminatory termination? Oddly enough, yes. Under some circumstances, an employee can quit and claim she was “constructively discharged.” To do so, she has to show conditions at work were intolerable. And now a federal court has concluded that cutting someone’s pay can be an intolerable condition.

Hey, boss, you better call HR! Warn managers against trying to resolve complaints informally

09/30/2010

Sometimes, managers and supervisors just want their employees to get along and get their work done. When they hear someone complaining about sexual or other harassment, they may be tempted to blow it off as a distraction and just ignore it or tell the co-workers involved to stop it. That’s not good enough.

3 former female execs sue Goldman Sachs

09/27/2010
Only on Wall Street can you make $800,000 a year and claim that you’re underpaid. But three women who used to earn big bucks at Goldman Sachs are suing because they could have earned even more if they were men.

When duty calls: Don’t interfere with employees’ jury duty

09/01/2010
The Federal Jury Act makes it clear that employers may not “discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States.” Two recent cases show that courts won’t turn a blind eye to employers that fire workers because of jury service.

Rochester roofer settles race bias claims for $1 million

09/01/2010
Elmer Davis Roofing, the largest roofing contractor in New York state, will pay $1 million to settle an EEOC race bias lawsuit, following what the commission called “decades of ugly and unlawful discrimination against African-American employees.”

Was N.Y. union staffer fired for trying to organize a union?

09/01/2010

Until recently, Jim Callaghan was a writer for the United Federation of Teachers (UFT), the union that represents New York City teachers and that has made its name by actively opposing city officials’ power to fire teachers without due process. Now Callaghan is claiming UFT employees have no such protection themselves. He says he was fired after he began looking into unionizing UFT editorial employees.

Novartis settles class-action sex bias suit–for $175 million

09/01/2010

Novartis Pharmaceuticals has agreed to settle a class-action lawsuit filed by female sales reps just two months after a federal jury awarded the plaintiffs $250 million in punitive damages. Novartis challenged that verdict, and the court had scheduled a hearing for November. Under the settlement, Novartis will pay $152.5 million in return for dropping its appeal.