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New York

Tread lightly when contemplating firing employee who’s been convicted of a crime

06/02/2010
Can you fire a current employee who, during employment, is convicted of a crime? It’s still not clear that you can fire him because of that conviction. Until the law is clarified, consult your attorney before firing someone based on criminal records.

Court calls it ‘nonsensical’: Prejudice against the prejudiced isn’t covered discrimination

06/02/2010
Sometimes, it seems as if employees just make up reasons to sue their employers. Fortunately for employers, when employees’ claims turn out to be ludicrous, courts quickly dismiss the lawsuits.

Failing to investigate nebulous charges isn’t a federal case–and it’s not retaliation

06/02/2010

Employees who complain about alleged discrimination are protected from retaliation for doing so. In order for the employee to win a lawsuit, the retaliatory act must be adverse—that is, it must be an act that affects the employee in more than an inconsequential way. In a recent case, an employee claimed that by merely ignoring her complaint, her employer was retaliating. The 2nd Circuit Court of Appeals nixed that idea.

Court: You must act to prevent harassment

06/02/2010

If you thought having a sexual harassment policy and a clear process for complaining was enough in New York, think again. The Court of Appeals of New York has ruled employers have to prevent supervisor harassment or face strict liability. The court rejected the so-called Faragher-Ellerth defense and said employers are strictly liable for supervisor harassment even if that harassment doesn’t result in direct employment-related harm.

In NYC, get ready for 3rd disability standard

06/02/2010
New York City employers may soon find out whether merely being obese is a disability under the New York City Human Rights Law (NYCHRL). That’s because the federal 2nd Circuit Court of Appeals has sent a case back to the trial court for just that determination. If the lower court concludes the NYCHRL does cover obesity, New York City employers will face three standards for disability—the ADA, New York State Human Rights Law (NYSHRL) and the NYCHRL.

Employment law by the numbers: Know which laws you can ignore

06/01/2010

Employers must stay abreast of an alphabet soup of federal laws—ADA, ADEA, FMLA and so forth—each with its own requirements. To comply, you first must know which laws apply to your business, based on the number of people you employ. Here’s how to tell which laws affect your workplace … and which ones you can safely ignore.

How to comply with DOT’s new workplace drug-testing regulations

05/11/2010
The U.S. Department of Transportation has proposed new drug-screening procedures for employees who operate vehicles as part of their work. Some of the covered jobs: airline pilot, train engineer, mechanic and anyone with a commercial driver’s license. Private employers that test other workers should consider adopting the standard.

Former exec says Goldman Sachs put her on the ‘mommy track’

05/11/2010

Goldman Sachs is getting sued a lot these days … and not just by the SEC. Charlotte Hanna claims the embattled investment bank marginalized her after she had two children, effectively barring her from returning to full-time work as a vice president. In a lawsuit charging violations of the Pregnancy Discrimination Act and the FMLA, Hanna says taking the bank’s offer of an “off ramp” for executives who wanted to have children derailed her career.

At L.I. strip club, was it discrimination or accommodation?

05/11/2010
The EEOC has taken up the case of a bartender at Long Island’s Casino Royale gentlemen’s club who claims she was demoted after her boss learned she was pregnant.

Beer vendor, 85, cries foul, but court says Aramark was fair

05/11/2010

Mildred Block had a fine run at Shea Stadium, staffing a lucrative beer stand in a prime location near the right-field cheap seats during Mets games. She averaged $40 per night in tips. The 85-year-old Block had worked the stand for nearly 20 years. But then late in the 2008 season, concession operator Aramark sent Block down to the equivalent of the minor leagues: a booth where she pockets far fewer tips.