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New York

When high-level harassment erupts, act fast to prevent even worse legal trouble

12/08/2023

Here’s a cautionary tale that offers an inevitable lesson: When a supervisor’s harassment spills out into the greater workplace, the claims will grow exponentially.

Take the easy way out on most requests for disability accommodations

10/02/2023

There’s a right way and a wrong way to respond to a disabled employee’s request for a reasonable accommodation. When an accommodation would cost little or nothing to provide, the right way is usually obvious to most employers. Then there’s the wrong way, as this case shows.

NYC ban on height, weight bias may catch on

09/11/2023

The law goes into effect Nov. 22. It makes it illegal for New York City employers to discriminate based on an applicant’s or employee’s height or weight. Employers must also protect employees from height and weight harassment.

Strike 2! Umpire who alleged race bias loses lawsuit appeal

08/21/2023

Angel Hernández, widely regarded as one of Major League Baseball’s worst umpires, failed to convince a federal appeals court that he missed out on plum assignments because of race discrimination.

Sink retaliation claims by engaging an outsider to investigate bias complaints

07/20/2023

Using an outside entity to investigate internal discrimination or harassment complaints helps prevent retaliation lawsuits. That’s because there’s no reason for an outside investigator to take sides in the outcome.

Before laying off 100 or more, consider whether WARN Act notification is required

06/21/2023

The federal Worker Adjustment and Retraining Notification Act requires employers with 100 or more full-time employees to provide written notice of impending plant closings and mass layoffs at least 60 calendar days in advance. The WARN Act defines a plant closing as the “permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment.”

Honoring pronoun and gendering preferences proves complicated

05/12/2023

Here’s a recent case showing that the EEOC is moving full speed ahead with test case litigation designed to make clear that harassment based on preferred pronouns and gender identity violates Title VII’s prohibition on sex discrimination.

OK to require training that may violate some religious beliefs

04/20/2023

Raymond objected to mandatory training on anti-gay bias, stating his religious beliefs about homosexuality precluded him from participating. He said it would compromise his faith.

OK to discipline worker who filed complaint

01/24/2023

Make sure your organization’s supervisors understand that it’s perfectly legal to impose legitimate discipline on an employee who has filed a harassment or discrimination complaint.

New York’s adult abuse survivors can now sue

12/15/2022

A flood of harassment and sexual abuse claims has emerged after New York temporarily lifted the statute of limitations. The Adult Survivors Act is a one-year window to allow people who were abused or harassed as adults to file claims outside the statute of limitations for those offenses.