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New York

Document that you held anti-harassment training

06/19/2017
It’s easier to defeat sexual harassment lawsuits if you have a robust anti-harassment policy and let employees know exactly how to use it. The key is to prove that the worker knew about the policy but failed to use it.

Not every poor litigant gets a free lawyer

06/19/2017
It adds insult to injury when a court appoints a pro bono attorney to help an employee pursue a lawsuit. The good news is that not every disgruntled former employee or disappointed job applicant gets the benefit of such official generosity.

It’s simple: No comments ever about employee’s religion or religious practices

06/19/2017
The 2nd Circuit Court of Appeals has reinstated a lawsuit against a bank based on a manager’s frequent comments to a Muslim employee that she should remove her hijab.

‘Economic reality’ decides who’s an independent contractor, who’s an employee

06/19/2017
The more factors that show the workers are indeed in business for themselves, the more likely they should not be classified as employees, but as independent contractors instead.

Never fire to avoid paying expensive benefits

06/19/2017
Here’s advice if you’re ever tempted to fire an at-will employee because she is about to start racking up expensive claims using your employer-provided benefits: Don’t do it!

Big bucks for harassment, plus attorneys’ fees

06/19/2017
A New York State appeals court has concluded that a state trooper who suffered sexual harassment over a period of almost 15 years is entitled to more than just the usual damages. Her attorneys’ fees will be paid separately, leaving the jury award intact for the trooper alone.

EEOC weighs in: Most sexual harassment training doesn’t work

05/16/2017
The EEOC receives over 30,000 harassment complaints each year, and that may just be the tip of the iceberg. One EEOC-com­­missioned survey found that three out of four employees who experience harassment never complain through their employer’s established channels.

The O’Reilly Factor: Claw backs and the ‘faithless servant’

05/16/2017
In the world of controversial show host Bill O’Reilly, personal responsibility has given way to excuses and coddling, prompting the question: Where is good, old-fashioned comeuppance when it is needed? In O’Reilly’s case, we now have an answer to that question.

NYC bars employers from asking about salary history

05/16/2017
Starting in the fall, New York City employers will no longer be able to ask about a job applicant’s salary history before making a conditional employment offer.

Gay employee can claim bias based on gender stereotyping

05/16/2017
Courts are currently working out whether discrimination on the basis of sexual orientation is sex discrimination under Title VII. However, that’s not the only way to challenge anti-gay bias.