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New York

FMLA: Seek more information about relative who needs care

03/15/2017
Think twice before denying FMLA leave to employees who must care for close relatives who aren’t parents.

ADA accommodation can’t be based on disabled employee’s promise not to sue

03/15/2017
Never condition an accommodation on the employee’s promise to drop an EEOC complaint or a threatened lawsuit.

Warn supervisors: No griping about impact of employee taking FMLA leave

03/15/2017
Supervisors need to avoid expressing frustration about a worker’s illness and its effect on operations or insurance cost. Any such criticism may be used against you should the employee have to be disciplined or discharged.

Never ignore harassment, even if employee doesn’t use your reporting system

03/15/2017
Simply having a sexual harassment policy doesn’t mean employers can ignore harassment they learn about via avenues that aren’t prescribed in the policy.

Zero-tolerance policy OK if evenly enforced

03/15/2017
A zero-tolerance policy regarding violence is usually fine. However, you must be prepared for a lawsuit if one of the people disciplined has previously complained about some form of discrimination.

Anti-gay bias cases in limbo in 2nd Circuit

03/15/2017
It remains a hotly debated issue whether Title VII makes discrimination on the basis of sexual orientation illegal. Thus, anti-gay bias in the workplace remains a potentially serious problem for employers.

To claim discrimination, worker must cite ‘adverse action’–not just an upsetting one

02/16/2017
Employees who claim their employers discriminated against them must be able to prove that they suffered some sort of action that was “adverse,” not merely uncomfortable, inconvenient or even unfair.

EEOC issues new enforcement guidance on harassment

02/09/2017
The EEOC has issued proposed guidance on how it plans to enforce anti-harassment provisions of several federal laws.

N.Y. firm that runs Senate cafeteria faces contract ban

02/09/2017
The U.S. Department of Labor has initiated disbarment proceedings against the New York City company that holds the contract to operate the U.S. Senate’s cafeteria in Washington, D.C.

Cuomo executive orders aim to close wage gap

02/09/2017
Gov. Andrew Cuomo has issued two executive orders designed to close the wage gap between male and female state employees in New York.