• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

New York

Don’t tell supervisors to expect subordinate bigotry

09/03/2008

Here’s a way to create management problems and encourage potential lawsuits: Just tell minority managers and supervisors that they can expect their subordinates to harass them and ignore directives because of prejudice in the ranks.  The correct approach: Have a solid anti-harassment policy in place and enforce it …

Supreme Court’s tight Ledbetter filing deadline begins to slip

09/03/2008

When the U.S. Supreme Court decided the Lilly Ledbetter case in 2007, employers were thrilled. The court ruled that employees have to move fast after being denied a promotion or experiencing some other allegedly discriminatory act. Otherwise, they lose the right to sue for sex discrimination. But now, that tight deadline is beginning to slip as federal trial courts look for ways to give employees their day in court …

Document deficiencies, don’t fret over false accusations

09/03/2008

Some employees—confronted with their own shortcomings—insist on deflecting blame. Perhaps they try to argue that so-and-so—who doesn’t belong to the same protected class—always gets away with the same poor work and conduct that they’re being criticized for. If you truly believe there is no merit to such an employee’s allegations, you probably don’t need to sweat it …

Manager’s racist comment may seal the deal on hostile environment

09/03/2008

If you don’t punish it right away, even a single racist comment by a manager can result in an employee filing a racially hostile environment claim. Here’s why: If the employee on the receiving end is also being dealt with harshly by her boss, she can effectively link the comment with the other poor treatment …

Employers under court order can’t count on courts to bypass special master

09/03/2008

If your organization is operating under a strict federal court order to correct past discrimination, be aware of this reality: The federally appointed special master has vast power to decide whether discrimination is still occurring and to fix it. It’s unlikely you will be able to move a current case directly into federal court for a quick dismissal. Your best bet is to develop a close working relationship with the special master …

Rochester paralegal’s job goes up in smoke

09/03/2008

The Supreme Court of New York, Appellate Division, upheld the firing of Karen Kridel, a former paralegal with Dibble & Miller, PC, in Rochester, for taking smoking breaks. Kridel customarily took two five-minute breaks from her work each day to smoke …

Madison Square Garden suit hinges on alleged background check bias

09/03/2008

Do criminal background checks lead to bias? The EEOC will have to weigh that question when it investigates discrimination charges filed against Madison Square Garden by Charlene Clarke. Clarke, a black woman from the Bronx, accepted a food worker position at The Garden in September 2007. One month later, the arena withdrew its offer after Clarke’s background check revealed a misdemeanor assault charge …

Keeping Madison Square Garden’s legal team fully employed …

09/03/2008

“The World’s Most Famous Arena” faces a discrimination lawsuit by a suite attendant, Laura Ward, who claims she was denied a prime assignment because of her gender …

It’s official: State employees must pay union dues—indefinitely

09/03/2008

In an era when so few things are certain, it must have been heartening to state labor unions when the New York Legislature and Gov. David Paterson granted them permanent access to state workers’ paychecks. In July, Paterson signed into law a bill that requires all public employees in the state to pay dues …

Arrests begin following enactment of workers’ comp law

09/03/2008

The president and CEO of the Kingsbridge Heights Care Center was arrested in August and charged with failing to provide workers’ compensation insurance for more than 400 employees …