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New York

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.

Recipe for a lawsuit: No reporting policy, name-calling

06/09/2015
You’re risking trouble if you don’t have an anti-harassment and discrimination policy that allows employees to report discrimination and harassment.

Court gives pro se litigant one more chance to make her case

06/09/2015

Don’t think that just because an employee can’t find an attorney to represent her, you’ll easily get a case dismissed. When employees act as their own lawyers, courts try to give them a fair chance to make their case without benefit of counsel. As the following case shows, that can include giving pro se plaintiffs detailed instructions on how to make a winning argument.

EPA claim can’t rest on just one worker’s pay

06/09/2015
An employee who sues under the EPA can’t pick and choose to whom she compares herself—for example, by selecting a man who holds the same job who happens to make more. She must consider all men and women in the same job classification.

Document details to differentiate discipline

06/09/2015

You probably have specific rules that spell out discipline for common violations. That doesn’t mean you can’t tailor the punishment to each individual situation. The key is to document the details that justify why one employee who broke a rule was punished more harshly than someone else who broke the same rule.

Judge makes it crystal clear: Question about accent not enough for a lawsuit

05/12/2015
Asking a simple question such as what type of accent an employee has or what country he grew up in won’t be enough to prove national-origin discrimination. Courts expect employees to talk to one another and without evidence that curiosity about an accent or a co-worker’s background is tied to some sort of discrimination, judges won’t hold employers liable for national-origin discrimination.