The HR Specialist: New York Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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The HR Specialist: New York Employment Law

OSHA inspectors were called in when employees at TOMRA NY Recycling in Syracuse reported being exposed to blood and other infectious materials as they sorted bottles and cans.

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The company that owns the world-famous B&H Photo store in Manhattan has agreed to settle hiring and pay discrimination charges brought by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

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It can be difficult and even unnerving when a former employee files a lawsuit full of obvious false and unsupportable allegations. But don’t ignore it. Work with your lawyers to get it dismissed as soon as possible.

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A New York employer has learned the hard way that simply ignoring a lawsuit won’t make it go away. In fact, doing so merely assures the plaintiff will win. And it’s almost impossible to undo a so-called default judgment.

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Employees trying to prove “gender-plus” discrimination must be prepared to make specific allegations showing how multiple characteristics were involved. That’s a tough sell.

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When an employee rejects a supervisor’s unwanted sexual advances, that counts as opposing discrimination for the purpose of establishing retaliation for protected activity. Essentially, saying “No!” to a harassing supervisor may be as good as reporting the incident to HR.

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Employers aren’t required to provide disabled employees with the exact accommodation they request, but that doesn’t mean that they don’t have to at least consider it. And whatever accommodation the employer does decide to use must be both reasonable and effective.

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Much has been happening with immigration policy since President Trump took office, and employers would do well to keep up. That’s especially true if any of your workers are in the United States on temporary work visas or if you plan to recruit immigrant workers in the near future.

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Here’s an important reminder to pass on to supervisors and managers. Don’t comment on a subordinate’s accent or mispronunciation of common words. Doing so can create a hostile environment based on national origin. The same goes for comments about an individual’s ability to hear.

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Punishing a worker for using FMLA leave is illegal retaliation—and the punishment doesn’t have to be something big like termination. Even seemingly minor acts can qualify as retaliation if they would dissuade a reasonable worker from using FMLA leave in the first place.

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