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New York

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.

When bosses hook up with subordinates, sparks may fly … in court

02/01/2010

Romantic affairs at work are generally a bad idea, especially if they involve a supervisor and a subordinate. But here’s one worry you can lay to rest: Employees who aren’t involved in an affair with the boss won’t necessarily win a sex discrimination lawsuit if they don’t get the promotions or favors their co-worker got.

Sued? Consider impact of treating co-workers poorly

02/01/2010

One unhappy employee may not have much of an effect on your organization, even if she sues. But watch out! Handle the lawsuit poorly and you could see litigation grow as co-workers join in.

EEOC: Bakery boss handled more than one kind of bun

02/01/2010

The EEOC has filed sexual harassment charges against Dunkin’ Donuts for its alleged failure to stop a manager from harassing young women who worked at its Wynantskill store. Many of the employees he allegedly harassed were teenagers.

Brooklyn fish plant on the hook for race, sexual harassment

02/01/2010

Black workers at M. Slavin & Sons Fish processing plant in Brooklyn allege bosses there continually sexually harass black workers by grabbing their buttocks, pressing against them and occasionally jabbing their backsides with fishhooks. The workers have filed a complaint with the EEOC.

Paterson extends protections to transgender workers

02/01/2010

Gov. David Paterson has issued an executive order providing state employees with protection from discrimination because of their transgender status. The move is one step ahead of the state Legislature. Bills currently circulating in Albany would cover both public and private employers.