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New York

NYC lawyer sues former firm for sexual stereotyping

03/04/2010

Citing “repulsive harassment and discrimination,” attorney Julie Kamps has sued her former employer, the law firm of Fried, Frank, Harris, Shriver & Jacobson, for $50 million. Kamps said she was told her clothing didn’t “fit into typical feminine stereotypes.”

Managing today’s workforce: Teenagers and sexual harassment

03/04/2010

Federal and state laws that protect employees in general also protect young people in the workplace. But because of their youth and inexperience, teenage employees may be more vulnerable to harassment than other workers. The EEOC has launched the “Youth at Work” initiative in response to several high-profile teen sexual harassment cases.

Poor performer getting ax? Don’t rush process

03/01/2010

You’ve documented the poor performance. You’ve been careful to keep things professional, even as you’ve concluded you’ll probably have to fire the employee. Then he files a discrimination complaint. Avoid the temptation to speed up the usual disciplinary process.

Use objective, easily measurable standards to gauge employee performance

03/01/2010

Most jobs can be quantified. That is, it’s possible to measure success on the job by tallying how much an employee produces in a given period—whether that’s widgets, reports, new clients or sales. By using such objective measures to decide who is terminated, employers have powerful evidence to counter discrimination claims.

Don’t let supervisor punish employees who cooperate in investigation

02/26/2010

If you discipline a supervisor for discrimination, make sure you can reassure employees who cooperated in the investigation that the supervisor won’t turn around and punish them.

Bosses: When handling serial complainers, zip it

02/01/2010

For a few employees, every workplace problem has its roots in some kind of discrimination. They’re the ones who continually file bias complaints, and they’re a continual source of frustration for supervisors who must constantly fend off unfounded accusations. Warn those bosses that overreacting will only lead to more trouble.

Are your ‘admin’ workers really salespeople?

02/01/2010

It’s time to take a fresh look at how you classify your sales and administrative employees—because attorneys across New York will be on the lookout for good class-action lawsuits in the wake of a recent decision by the 2nd Circuit Court of Appeals.

Whistle-blower retaliation just got more expensive in N.Y.

02/01/2010

A new state law significantly increases the penalties against employers that retaliate against whistle-blowers—by 1000%. Passed by the New York State Assembly last summer and enacted at the end of 2009, the new law sets the minimum fine for whistle-blower retaliation at $2,000.

Use objective criteria, transparent process to ensure promotions are fair for everyone

02/01/2010

If your promotion processes are haphazard—devoid of objective criteria and without a clear system for choosing candidates—you could wind up facing a disparate-impact discrimination lawsuit. That’s one powerful reason to institute a clear promotion policy that includes posting job openings, creating application processes and relying primarily on objective selection criteria.

Congratulations on the successful takeover! Now, how do you want those existing lawsuits?

02/01/2010

When one company buys another, it gets the good and the bad—including any lawsuits that may have already been filed against the bought-out entity. The acquiring company may be liable for pending Title VII discrimination claims, but that liability will probably be limited to back pay and other compensatory damages.