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New York

One crass comment about disability won’t justify discrimination suit

04/08/2016
An isolated, offensive comment usually isn’t enough to support a lawsuit, even if it was uttered by a supervisor and was seriously offensive.

Co-workers having embarrassing affair? That’s not grounds for others to sue

04/08/2016
Workplace romances can be distracting, but cavorting co-workers doesn’t always add up to sexual harassment or sex discrimination against other employees.

Unfounded racism charges are reason to fire

04/08/2016
If an employee continually makes unsubstantiated racism charges, you can and should discipline them.

Little slights, actions add up to retaliation

04/08/2016
When an employee complains that a supervisor is behaving in a discriminatory way, employers must ensure there is no retaliation. Even small things can lead to a big problem.

How to comply with new DOL rules on anti-union ‘persuaders’

03/29/2016

A new Department of Labor rule will limit employers’ ability to use “persuaders” to convince workers to resist union organizing efforts, critics say.

EEOC issues fresh guidance on anti-retaliation compliance

03/09/2016
The EEOC has updated its enforcement guidance on retaliation for the first time since 1998.

Three new employment law issues affect New York employers

03/09/2016
This month, we bring you a compendium of new laws, ordinances and regulations affecting New York employers.

New York expands protection for transgender workers

03/09/2016
The New York Division of Human Rights has adopted new regulations expanding the definition of “sex” under the state’s Human Rights Law to include gender identity and transgender status.

Poor review isn’t infliction of emotional distress

03/09/2016
Sometimes, unhappy employees quit and sue, making claims that may never stick but that still have to be defended. A favorite tactic is to sue supervisors, claiming they intentionally inflicted emotional distress.

Language doesn’t create protected class

03/09/2016
An employee who claimed he was singled out and discriminated against because he did not speak a particular language has lost his discrimination case.