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New York

Well-Publicized policy prevents harassment, lawsuits

11/01/2007

Having a clear, comprehensive and responsive harassment policy in place—and advertising its existence—is the best way to prevent a hostile work environment. Not coincidentally, that’s also the best way to avoid legal trouble. Not only can a policy prevent harassment by letting everyone know what’s unacceptable, but it also ensures employees who believe they have been victims of harassment can’t claim ignorance of the available remedies …

No ‘Hands-Off’ status just because of discrimination complaint

11/01/2007

Employers can’t retaliate against employees for filing discrimination claims. But that doesn’t mean you have to treat such employees with kid gloves. Just tell managers and supervisors to apply the “smell test” to any proposed change to the complaining employee’s work assignments …

Track mailing, receipt of any benefits-Change notification

11/01/2007

Employers that change benefits plans beware! Employees are entitled to know when their benefits will change under the Employee Retirement Income Security Act (ERISA). It’s best to make sure everyone knows about the changes before they go into effect—especially if the new plan requires the employee to do something to qualify for a benefit …

Employees can’t sue for ‘Perceived’ religious discrimination

11/01/2007

Unlike several other forms of discrimination—such as discrimination based on perceived disability—being mistaken for a member of a religious group and then being discriminated against based on that mistaken association isn’t illegal …

How to make sure you wind up in court: Block worker’s return from medical leave

11/01/2007

Don’t try to put up artificial barriers to discourage employees returning from medical leave. The employee probably won’t go away quietly. In fact, he may file a lawsuit alleging some form of discrimination under federal or New York employment law. What’s more, a court probably will allow a trial …

Undocumented worker can get back wages

11/01/2007

No doubt, you’ve read about the U.S. Department of Homeland Security’s (DHS) efforts to enforce the nation’s immigration laws by cracking down on employers that hire and employ illegal immigrants. So you might be surprised to learn that a New York state court has ruled that even an illegal immigrant who admits he forged his I-9 documentation and was fired can sue for state wage-law violations …

DOT squeaks by drug-Test leak

11/01/2007

Peter Giaccio Jr., a boilermaker for New York City’s Department of Transportation (DOT), sued the department for leaking the results of a random drug test that revealed marijuana use. Giaccio, being in a “safety-sensitive” position, was subject to random testing, which he failed twice …

Fired Co-op City worker makes good on threat to kill boss

11/01/2007

Over the years, the RiverBay Corporation disciplined Co-op City porter Paulino Valenzuela for drinking beer on the job, cursing and threatening to kill his supervisor, Audley Bent. Finally the company, which manages the Bronx housing complex, fired him. On Aug. 30, Valenzuela made good on his threats …

‘Reverse racism’ or ‘Racism’—Victim says it’s all the same

11/01/2007

Mark Pasternak, of Buffalo, a former youth aide for the Office of Child and Family Services, won a $150,000 verdict for discrimination he suffered nearly a decade ago. Pasternak said, “They called it reverse racism, but for me, I thought all along it was just plain racism” …

Hire an illegal immigrant, you can pay for his injuries, too

11/01/2007

Jose Gomez was working on the demolition crew at a building in Flushing, jackhammering a concrete slab, when the work site collapsed. The resulting fall left Gomez a paraplegic. He filed suit for lost wages. That’s when his employers officially noted Gomez was in the country illegally and was not entitled to such benefits …