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New York

Denying transfer—Even a lateral one—Can be discrimination

05/07/2008
Denying someone a transfer she wants may be an adverse employment action—and may trigger a discrimination or retaliation lawsuit. That’s true even if the transfer wouldn’t have meant more pay or other tangible benefits …

Don’t think ‘Contractor’ status shields you from retaliation

05/07/2008
Beware: When it comes to judging Title VII and retaliation claims, courts may treat as employees many of the individuals you consider independent contractors. That’s true even if they are licensed professionals—such as physicians—working at your facility …

Stay mum on lawsuits, complaints to cut retaliation risk

05/07/2008
Retaliation can turn a relative molehill of a discrimination complaint into a mountain of legal trouble. And the retaliation doesn’t have to take the form of something dramatic, such as a firing or demotion. Little things supervisors do can add up to retaliation. But supervisors can’t retaliate if they don’t know about earlier discrimination complaints or pending lawsuits …

ADA alert: Managers and supervisors can’t force workers to disclose illnesses

05/07/2008
In safety-conscious environments—such as in the medical and food industries—employees who become ill often face questions about their health from co-workers and associates. That’s only natural. But sometimes, inquiries about an employee’s illness are simply off-limits …

Lease doesn’t protect building owners from liability in case of accident

05/07/2008
Does your company own its facility but lease out part of the building or grounds to a third party? If so, remind management that the company may still be liable for injuries to a worker who is doing repairs or construction on the building without the owner’s knowledge …

Staffing company owes $3 million to guest workers

05/07/2008
 The U.S. Department of Labor (DOL) has directed Advanced Professional Marketing Inc. (APMI), a medical staffing company based in New York City, to pay almost $3 million in back wages to more than 150 H-1B guest workers …

Listen to this: Smith Barney to pay $33 million for sex bias

05/07/2008
A class of more than 2,500 female former brokers, who sued financial services giant Smith Barney for sex discrimination, will receive a $33 million settlement …

Woman awarded $500,000 for sexual harassment, alleged rape

05/07/2008
A woman who was sexually harassed and allegedly raped by a boss at a Quiznos restaurant in Norwich was awarded $500,000 by the state Division of Human Rights …

Chief judge takes New York to court over low pay

05/07/2008
Chief Judge Judith Kaye has filed a lawsuit on behalf of the state’s 1,250 judges claiming the political process has denied them their constitutional rights to an “adequate” salary. The reason: The New York Legislature hasn’t given them a raise in a decade …

And you thought those tip jars never amounted to much

05/07/2008
After Starbucks baristas won a $105 million verdict in California over tip-sharing, a former barista has filed a nearly identical lawsuit against the company in New York …