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New York

EEOC amending lawsuits to add LGBT bias

09/10/2020
Since the U.S. Supreme Court’s Bostock v. Clayton County ruling, employers are discovering that pending EEOC lawsuits involving lesbian, gay, bisexual and transgender employees have suddenly been expanded. Here’s how that played out for one employer that ultimately decided to settle.

Religion must be accommodated, not trivialized

07/28/2020
Remind all supervisors that unless a religious need unduly burdens business operations, they must accommodate employee beliefs.

Beware suits from staff who know your shortcomings

06/25/2020
Widespread protests calling for an end to systemic racism have caught the attention of corporate America.

Be alert for persistent racist threat: nooses

06/18/2020
The EEOC and plaintiff’s lawyers routinely sue employers that ignore racially hostile work environments. Those suits are almost impossible to beat if harassment takes the form of racist epithets and symbols such as nooses.

Ditch existing accommodation at your peril

04/02/2020
If a disabled employee has successfully used a simple, informal accommodation for years, don’t summarily make him stop without discussing the decision. In fact, before removing any accommodation, you must engage in the ADA’s interactive reasonable accommodation process.

Always document why discipline differed

03/26/2020
Here’s an important reminder for supervisors: Before terminating a worker, make sure you take the time to review previous disciplinary records. If you have not fired another employee for breaking the same rule, call a brief time-out.

3 lawsuit-proof alternatives to layoffs

03/19/2020
With business slowing nationwide because of the coronavirus pandemic, many employers have already laid off staff, and many more fear they will have to do so soon. Before you commit to wholesale reductions-in-force, there are three alternatives worth considering.

Comply with the law when requiring employees to work overtime

02/18/2020
In general, employers have the right to require employees to work overtime, as long as they are properly paid for the additional hours. However, that right is not unlimited.

Congressional Dems query JPMorgan about race bias

02/18/2020
Following an article in The New York Times detailing apparent discrimination by the JPMorgan Chase bank against black clients, several Democratic members of Congress have requested specific information from CEO Jaime Dimon.

Long Island restaurants must serve up $365k in back pay

02/18/2020
The U.S. Department of Labor’s Wage and Hour Division has ordered the owners of three Long Island restaurants to pay 79 employees $365,000 in back pay and liquidated damages.