When an employee complains about perceived discrimination, how you treat the worker can greatly affect the outcome if the case reaches court. The best approach: Handle the case professionally, at the HR function level.
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Articles by The HR Specialist: New York Employment Law
Employee interpretations of state laws are leading to sky-high numbers of lawsuits in the Empire State. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This New York-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. Learn more about HR Specialist: New York Employment Law and the free report you’ll get when you subscribe...
The HR Specialist: New York Employment Law
We’re now well into the first quarter of the year and already a few trends are becoming apparent in the way the federal government will enforce labor and employment laws in 2012. Two significant emphases will be hiring discrimination and workplace safety.
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You would think that a personal-injury law firm would be sensitive to a client’s need for a service dog, but apparently attorneys at the firm of Larkin, Axelrod, Ingrassia & Tetenbaum are unfamiliar with Title III of the ADA.
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Businesses must stay abreast of an alphabet soup of federal laws—ADA, ADEA, FMLA and so forth—each with its own requirements. Further complicating matters, most states have their own laws that override the federal requirements. To comply, you first must know which laws apply to your business, based on the number of people you employ …
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The EEOC is suing Woodbury-based insurance broker Sterling and Sterling on behalf of a former employee who says she was fired for cooperating with an EEOC investigation.
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Fine Fare Supermarkets faces $62,000 in fines after OSHA inspectors found that all five emergency exits at a store in Brooklyn were kept locked during the night shift. OSHA standards require employees to be able to open an exit route door from inside at all times, without keys, tools or special knowledge.
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This may be tough to accept, but sometimes when an employee sues, you just have to be patient. It’s especially difficult if you know that the employee isn’t telling the truth. The judge hearing the case will probably see through bogus claims.
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Some employees always have a chip on their shoulders. They interpret every comment as criticism—and then blame work problems on discrimination. Fortunately, not every look, comment or gesture leads to a successful employee lawsuit.
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A unique case highlights a twist on the usual definition of discrimination: If an employee is fired for failing to live up to a stereotype about a particular race or nationality, she’s unlikely to win a discrimination lawsuit.
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Smart employers document all the reasons for every rate of pay, in case someone later alleges some form of discrimination. That way, they’re prepared to justify exactly why one worker earns more or less than another similarly situated colleague.
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