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New York

Harassment victim can’t choose punishment

04/09/2018
Employers have an obligation to investigate and come up with an effective way to stop harassment and prevent it from happening again. However, that doesn’t mean the alleged victim gets to choose the remedy.

Can’t explain firing? Better call your lawyer

04/09/2018
Employers that can’t provide a good, business-related explanation for every termination are courting legal trouble. Unless an employer can justify its action, an employee who sues for discrimination will find it relatively easy to get the case in front of a jury.

Schneiderman: Personal liability in Weinstein case

04/09/2018
In court documents related to the state of New York’s sexual harassment lawsuit against the Weinstein Company, Attorney General Eric Schneiderman leveled blistering criticism at the film production firm’s embattled founder Harvey Weinstein. But he wasn’t Schneiderman’s only target.

What employers can look for under EEOC’s strategic plan

03/14/2018

The EEOC enforces the nation’s employment discrimination laws. Its strategic plan, issued every five years, presents its overarching plan for carrying out its mission relative to issues emerging in the workplace and the resources available to the commission. The strategic plan gives employers an insight into the EEOC’s enforcement strategy.

Comment about pregnancy? Nope, just shut up!

03/14/2018

Remind supervisors to never mention pregnancy in conjunction with hiring or assignments.

When workers and supervisors clash, ask: Is it discrimination or personality conflict?

03/14/2018
Sometimes, a supervisor and subordinate just don’t get along. While the subordinate may think the reason has something to do with a protected characteristic, that may not be the case. When you receive such a complaint, you obviously must investigate.

Watch out! Employee can win punitive damages even if he suffered no loss

03/14/2018

An employee can collect punitive damages even if a jury finds that no other damages are due.

Tell trainers: You have an obligation to report harassment or discrimination you witness

03/14/2018

Employers that have actual knowledge that a hostile work environment exists can’t get off the hook by claiming a worker failed to use an established system for reporting harassment.

Ignorance is no excuse for wage violations

03/13/2018

Pleading ignorance is no defense if you are sued for violating the Fair Labor Standards Act. In fact, not bothering to learn the intricacies of wage-and-hour law may cost you even more than out-and-out cheating your employees does.

Another circuit rules anti-gay bias is illegal

03/01/2018

In a groundbreaking decision, the 2nd Circuit Court of Appeals has ruled that the Title VII provision that prohibits sex discrimination also makes it illegal for employers to discriminate against gay employees.