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New York

Check the context: Are those words harassment?

09/01/2010

Some words are inherently racist, offensive or discriminatory regardless of the context in which they are spoken. When such words fly in the workplace, courts will almost always conclude the environment was hostile. Other words, however, require a close look at the context in which they were used. One such term: “bitch.” If used in a context that clearly is aimed at putting down women, the term creates a sexually hostile work environment.

Bias complaint, then discipline? Watch out!

09/01/2010

Some employers try to avoid the impression of retaliation by making sure that whoever makes disciplinary decisions doesn’t know about any discrimination complaints. That way, they can argue that if the decision-maker wasn’t privy to the complaint, he couldn’t be retaliating. It isn’t quite that simple.

When firing, choose words carefully, stick to performance

08/23/2010
Employees who have just lost their jobs usually leave their termination meetings in a foul mood. So, don’t give them any reason during that meeting to send them marching to a lawyer’s office. As you’ll see in the following case, one inflammatory phrase from a supervisor can spark a lawsuit.

In tight times, be prepared to handle whistle-blower complaints

08/05/2010
The sour economy has every company looking for ways to pinch pennies. If belt-tightening turns into illegality, employers can expect employees to alert the authorities. Virtually every law governing the workplace has a whistle-blower provision.

Appeals Court limits reach of N.Y. human rights laws

08/05/2010

In a victory for employers, the New York Court of Appeals has limited the reach of both the New York state and New York City human rights laws. The issue arose when Manhattan-based Parade magazine terminated Howard Hoffman, who claimed he was fired because of his age.

New York among states eyeing worker misclassification issues

08/05/2010

While Congress ponders the Employee Misclassification Prevention Act, several states are studying ways to target employers that misclassify their employees as independent contractors. New York is part of a joint task force studying the misclassification problem.

When tracking FMLA abuse, use surveillance cautiously

08/05/2010
Before you decide to videotape someone whom you suspect may be abusing FMLA leave, make sure you have a good-faith reason to do so. And be prepared to show that surveillance is a common practice for similar suspicions.

Disruptive employee really deserves firing? Don’t let FMLA keep you from pulling the trigger

08/05/2010

Some employees are difficult, always skating on thin ice. They’re disruptive, don’t listen to directions and pretty much do whatever they want. Even so, employers often hesitate to fire such troublemakers if they’ve recently requested FMLA leave or claimed to be disabled. Don’t be manipulated into keeping those bad apples.

Workplace bullying may soon be illegal in New York

08/05/2010
Abusive managers may be workplace monsters, but their behavior generally hasn’t subjected employers to liability if no particular protected class was the target of the abuse. That may be about to change in New York.

Boss’s affair isn’t grounds for employee suit

08/05/2010

It’s a misconception that anytime a supervisor has a romantic relationship with an employee, other employees can sue for sex discrimination. If that were the case, employers could be held liable for any number of legitimate (or unsavory) relationships between employees or even with outsiders.