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New York

OSHA publishes guidance on restroom access for the transgendered

07/13/2015
OSHA’s role is expansive and includes regulating everything from heat breaks to bathroom access. It issued “A Guide to Restroom Access for Transgender Workers” on June 1.

CBS reporter sues bosses for sexual harassment

07/13/2015
Former CBS News entertainment reporter Ken Lombardi claims two male bosses groped him and made unwanted advances, and a female boss refused to investigate his charges. According to lawsuit documents, Lombardi claims that Duane Tollison, then a senior producer, drunkenly groped him and kissed him on the neck at a holiday party.

NYC to send out employment testers to spot hiring bias

07/13/2015
Under recently signed legislation, New York City will begin a year-long employment tester program in which paired job applicants with similar experience and qualifications will express interest in the same job. One will belong to a protected class and one will not.

Make sure testing is related to actual job duties

07/13/2015
Employers that use general tests to screen applicants run the risk of facing a disparate-impact discrimination lawsuit. If that happens, you will have to prove that the test measures qualities that relate to actual job duties.

Boss at unemployment hearing? That’s not retaliation

07/13/2015
Generally, employees can’t sue their employers because of a personality conflict with a supervisor. Nor can they allege that it’s a form of retaliation for a disliked supervisor to show up in court in order to “torment” the employee.

Practical jokes unrelated to protected status can’t be grounds for lawsuit

07/13/2015

Some employees will never get along. Managing them can be hard, especially if one chooses to make life difficult for the other with practical jokes and rude behavior. But unless the jokes and behavior somehow relates to a protected characteristic, it isn’t grounds for a lawsuit.

Whistle-blowers need good faith, not proof

07/13/2015

When a New York City employee purports to report wrongdoing on the part of the city government, all that’s required is a good-faith belief that the alleged conduct constituted an “improper governmental action.” It’s illegal to retaliate against an employee who makes such a report.

Discipline OK, even when worker could use FMLA

07/13/2015

Some supervisors hesitate to discipline employees who have asked for FMLA leave or seem likely to need it soon. Reassure them that they can and should discipline those who break company rules or perform poorly, even if they are ill or may need FMLA leave. The key is to focus on behavior.

Saks sex bias case settled

06/09/2015
In a sudden reversal, New York-based Saks Fifth Avenue has elected to settle a sex discrimination complaint filed by a transgender employee at the company’s store in Houston.

Temporary injuries aren’t disabilities under the ADA

06/09/2015
Don’t assume that every injury is a disability. Many times, injuries heal within a few weeks or months with proper treatment and don’t end up as disabilities protected by the ADA.