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New York

Saying ‘No!’ to boss’s come-on puts employer on notice of possible retaliation

10/18/2017
When an employee rejects a supervisor’s unwanted sexual advances, that counts as opposing discrimination for the purpose of establishing retaliation for protected activity. Essentially, saying “No!” to a harassing supervisor may be as good as reporting the incident to HR.

ADA: Always at least consider employee’s preferred accommodation

10/18/2017
Employers aren’t required to provide disabled employees with the exact accommodation they request, but that doesn’t mean that they don’t have to at least consider it. And whatever accommodation the employer does decide to use must be both reasonable and effective.

No boss comments on language skills, hearing

10/18/2017
Here’s an important reminder to pass on to supervisors and managers. Don’t comment on a subordinate’s accent or mispronunciation of common words. Doing so can create a hostile environment based on national origin. The same goes for comments about an individual’s ability to hear.

Beware small changes that could be retaliation

10/18/2017
Punishing a worker for using FMLA leave is illegal retaliation—and the punishment doesn’t have to be something big like termination. Even seemingly minor acts can qualify as retaliation if they would dissuade a reasonable worker from using FMLA leave in the first place.

Beware the perils of firing because of political speech

09/07/2017
Recent incidents have raised questions about how private employers handle employees with unpopular political views and what legal hurdles they may face.

FMLA and NY Paid Family Leave Law and Disability Benefits Law

09/07/2017
It’s time to answer some of the trickier questions about the interaction of the FMLA, the New York Paid Family Leave Law and the state’s Disability Benefits Law.

Here’s what not to say to EEOC investigators

09/07/2017
A supervisor for Regional International Corp., located near Rochester, said precisely the wrong thing to an EEOC investigator after an employee filed an ADA complaint against the company.

DOL visiting? Don’t bar employee who complained

09/07/2017
When the Department of Labor or another governmental agency says it is sending an investigator to the workplace, there’s a right way and a wrong way to respond. The wrong way: Removing the employee whose complaint you suspect spurred the authorities to visit.

ADA access obligation applies to customers and public as well as employees

09/07/2017
When thinking about disability accommodations, don’t focus solely on disabled employees. If you serve the public, the ADA requires you to consider your disabled customers’ needs, too.

2nd Circuit urges free lawyers for employees who represented themselves

09/07/2017
The 2nd Circuit Court of Appeals has reversed the dismissal of a sexual harassment case and ordered the lower court to consider additional evidence that an employee who was acting as her own attorney unsuccessfully tried to present.