The HR Specialist: New York Employment Law

Rachel Love, erstwhile patron of Johnny Utah’s in Rockefeller Center, is suing the restaurant for allowing an inebriated individual (herself) to ride a mechanical bull, leading to injuries.

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Dulzia Burchette, a black former saleswoman for Abercrombie & Fitch, is suing the company, claiming racial discrimination and harassment. Burchette says she was harassed when she came to work at the company’s Fifth Avenue store with blonde highlights in her hair.

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The family of Jdimytai Damour, the temporary worker who was trampled to death by shoppers at the Valley Stream, Long Island, Wal-Mart on Black Friday, has filed a wrongful death lawsuit against the company.

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Erin Primmer, former producer of “The Montel Williams Show,” has increased the amount of her disability discrimination lawsuit against CBS by a whopping $3 million. Primmer claims she was wrongfully fired after she collapsed from a brain aneurysm in 2007 …

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The worst-case scenario for a large company with operations in many locations: A class-action lawsuit alleging discrimination against an entire class of employees. One way to discourage such massive lawsuits is to let managers at separate locations keep substantial control over setting salaries and raises.

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Sometimes, candidates filling out job applications think it’s a good idea to omit information about minor criminal convictions and past problems such as terminations. If your application specifically asks for that information and someone you hired didn’t supply it, you can terminate for lying on the application.

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Beginning this month, the new amendments to the ADA take effect. Among those rules is one that says employees are disabled even if they can mitigate the effects of that disability with medication or other aids …

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If you have employees or operations in New York City, your sexual harassment and discrimination policies must reflect the strict rules employers are required to follow under the New York City Human Rights Law. It all adds up to a challenging HR environment. Your best bet in New York City—adopt a zero-tolerance policy for any sort of sexual, racial or other harassment.

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Sometimes, you find out pretty quickly that someone you hired isn’t going to work out. While the final decision to terminate may take some time, many supervisors naturally start giving the cold shoulder to bad hires. Such a blow-off may be crass, but it’s not the kind of behavior that commonly puts an employer on the losing end of a lawsuit.

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The EEOC has filed a class-action gender discrimination lawsuit against Sterling Jewelers in U.S. District Court for the Western District of New York in Buffalo.

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