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New York

Harsh criticism alone isn’t discrimination

06/09/2014
Few workplaces are perfect, and it’s the rare supervisors who has never uttered an angry word. But some employees are too sensitive to criticism. While yelling and screaming may be uncomfortable, it usually doesn’t reach the level required for a court to conclude that it’s hostile.

MTA shocker! Could cronyism, nepotism have led to ouster?

05/19/2014
Charges of cronyism and nepotism followed a Metropolitan Transit Authority security chief out the door following a meeting with the head of the MTA, which runs public transportation in the New York City area.

Former superstars aren’t immune from scrutiny

05/19/2014
The best approach to dealing with declining performance is careful and meticulous record-keeping showing expectations and how the employee isn’t meeting them. Objective facts trump the employee’s feelings that she is being discriminated against for some reason.

Driving change: New N.Y. law targets worker misclassification

05/12/2014
New legislation that went into effect April 10 is intended to curtail misclassification of transportation industry workers as independent contractors instead of employees.

No bling for EEOC: Judge blasts mishandling of bias claim

05/12/2014
The EEOC had one of its long-running cases dismissed after a federal judge in Buffalo criticized the commission’s handling of a discrimination case against Sterling Jewelers.

Lawsuits allege McDonald’s workers suffered wage theft

05/12/2014
McDonald’s workers in three states have filed class-action suits alleging the company super-sized its profits at the employees’ expense.

Violence against woman isn’t automatically sex bias

05/12/2014
While it’s always unacceptable, just because a man hits a female co-worker doesn’t mean she has a sex discrimination or harassment case.

Quickly addressing alleged retaliation saves the day

05/12/2014
You probably tell supervisors they shouldn’t punish employees for filing internal or EEOC discrimination complaints. That doesn’t mean employees who complain won’t perceive re­­tali­­ation in every slight change in their work situation. How you react can mean the difference between winning or losing a retaliation lawsuit.

Workplace tiff doesn’t mean workplace was necessarily a hostile environment

05/12/2014
Some employees seem to think that any uncomfortable situation at work can become the basis for a lawsuit. Fortunately, they are wrong. Co-workers don’t always get along, but that’s hardly grounds for a hostile work environment charge.

For a quick trip to court, allow casual accommodations for some but not others

05/12/2014
Here’s a tip that can save you from a needless lawsuit: Make sure managers and supervisors aren’t using their own judgment about who deserves a job accommodation for medical reasons.