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New York

Contractors can sue for bystander retaliation

11/14/2018
If employees say something when they witness sexual harassment, a corporate culture that tolerates sexual harassment will begin to change. But what happens if an independent contractor or temporary worker reports witnessing sexual harassment? Is he or she protected from retaliation?

IBM could be facing two big age bias lawsuits

11/14/2018
Tech giant IBM faces a class-action lawsuit filed on behalf of three former employees who claim they were terminated in violation of the federal Age Discrimination in Employment Act and similar state laws.

EEOC: On the Border chain crossed the harassment line

10/17/2018
The EEOC has filed suit against national Mexican restaurant chain On the Border, alleging management at its Holtsville, New York location failed to stop racial harassment directed at one of its chefs who is black.

Simple warning doesn’t constitute retaliation

10/17/2018
A mere warning that one is facing potential disciplinary action doesn’t amount to retaliation for filing a discrimination complaint.

Discrimination claims must be based on good faith

10/17/2018
Complaining about discrimination is considered protected activity. Punishing employees for com­plaining may be retaliation even if it turns out that the original claim was meritless. However, the original complaint must have been made in good faith.

Warn bosses to avoid retaliation when dealing with employees who constantly complain

10/17/2018
Even if it turns out that most of an employee’s complaints aren’t serious enough to be considered unlawful under federal, state or local laws, that doesn’t mean the employee won’t have a retaliation case if her supervisor finds ways to make the employee pay for complaining.

Never bring up relative’s disability when discussing reasons for absenteeism

10/17/2018
Warn New York City supervisors against mentioning possible reasons for absenteeism when disciplining workers for missing work. It can badly misfire, especially if the reason for missed work is taking care of a disabled relative.

Do you have staff in New York City? Beware unique threat of sexual harassment claims

10/17/2018
New York City employers face a double-whammy when it comes to harassment: First, the city has its own specific sexual harassment training requirements. Second, New York City has a far lower standard for what constitutes sexual harassment than the state of New York or Title VII does.

Harassment report begets retaliation charge in Queens

10/17/2018
Foodtown, a supermarket in the Elmhurst neighborhood of Queens, faces charges it failed to stop a supervisor from sexually harassing two female employees and retaliating against them when they complained.

Inconvenient assignment isn’t adverse action

10/17/2018
Things like being fired, demoted or denied a promotion all qualify as adverse employment actions. But what about other workplace events like having a schedule change, being denied overtime or getting transferred to a similar position?