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New York

Details matter when documenting promotions

11/15/2017

To counter discrimination in promotion claims, be sure you can show that the selected employee was a better candidate in as many ways as possible. That makes it much harder for a disappointed candidate to prove he was clearly better qualified.

Racism not necessarily employer’s fault even if incident occurs on its premises

11/15/2017

It’s indisputable that some members of racial, ethnic or other minorities experience discrimination from time to time—and of course, that can affect them at work. However, not every discriminatory act that involves work can be blamed on an employer.

Locked out of the office: Is that retaliation—or should she have knocked on the door?

11/15/2017

An employee’s mere suspicion about possible reprisal, based on seemingly minor supervisory actions, won’t persuade a court that retaliation occurred. Instead, workers are expected to take a bit of initiative.

When disabled employee tests positive, prepare to dig deep into prescription history

11/15/2017

Does your organization test employees you suspect are under the influence of drugs and alcohol at work? If so, make sure you understand your obligation to disabled employees who may have been prescribed medications that can trigger a positive drug test response.

Document business reasons for staffing moves

11/15/2017

Document the timing and explanation for all employment actions. It’s hard for employees to win lawsuits over transfers, demotions or discharges when the employer has records showing objective business reasons for the move.

B&H Photo settles race, sex bias suit for $3.2 million

11/15/2017

The company that owns the world-famous B&H Photo store in Manhattan has agreed to settle hiring and pay discrimination charges brought by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

Court: No defense for quid pro quo harassment

11/14/2017

With sexual harassment in the news, a ruling handed down last month by the 2nd Circuit Court of Appeals should worry employers used to avoiding liability by showing that they take reasonable steps to prevent harassment.

Master compliance challenges that follow natural disasters

10/18/2017
Unless planned and executed properly, employers’ emergency procedures may run afoul of many federal, state and local employment laws.

Immigration update: End of DACA, start of ‘extreme vetting’

10/18/2017
Much has been happening with immigration policy since President Trump took office, and employers would do well to keep up. That’s especially true if any of your workers are in the United States on temporary work visas or if you plan to recruit immigrant workers in the near future.

Nonsensical complaint? Move for quick dismissal

10/18/2017

It can be difficult and even unnerving when a former employee files a lawsuit full of obvious false and unsupportable allegations. But don’t ignore it. Work with your lawyers to get it dismissed as soon as possible.