Some new parents don’t want to come back to work full time after giving birth. They may prefer a part-time schedule, using intermittent FMLA leave. But you don’t have to allow intermittent leave following birth unless the infant suffers from a serious health condition.
Sometimes, sexual harassment happens after hours, not in the workplace. But if there’s a sufficient connection to work, employers may still be liable.
Before you plunge into cyberspace in search of information on applicants (or current employees), understand the legal implications. Employers’ efforts to access employees’ and applicants’ private social media websites have recently been subject to increased scrutiny by New York and federal legislators.
Brooklyn’s Flaum Appetizing has settled a long-running pay dispute with 20 Hispanic employees at its Williamsburg plant. The kosher food maker and deli agreed to pay the workers $577,000 to settle the dispute.
New Yorkers filed 3,802 discrimination claims with the EEOC in fiscal year 2011, two fewer than the year before, according to data the commission just released.
There is no constitutional right to a free attorney in employment discrimination cases. Unless a so-called pro se litigant can show the court that his claim clearly has merit, he’ll have to serve as his own lawyer.
Reasonable employers always fare better in court than unreasonable ones. That’s one reason to keep careful disciplinary records showing everything you did to help an employee perform well despite obvious problems. If he’s ultimately terminated, the court probably won’t second-guess the decision.
HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy and a commitment to promptly investigate harassment allegations.
According to a recent 2nd Circuit Court of Appeals decision, what one woman considers an innocent brush may be construed by the other woman as intentional same-sex harassment—and juries are best equipped to sort out who is right.
Some employees believe that any physical problems that linger after surgery or other medical treatment are disabilities that entitle them to ADA protection. That’s not true. Disabilities are permanent. Temporary, post-surgical problems don’t qualify.