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Discrimination / Harassment

Watch out for suits claiming NYCHRL violation: They’re much easier for employees to win

10/12/2016
It is far easier for an employee to argue that he has been a victim of discrimination under New York City’s anti-bias law than under federal law.

Prepare to prove firing wasn’t retaliation

10/12/2016
If an employee complained about a supervisor’s actions, make sure the supervisor can’t manipulate the disciplinary process to punish the worker.

EEOC doesn’t dig NYC excavation firm’s harassment

10/12/2016
The EEOC has sued the Laquila Group alleging it tolerated racial harassment of black employees and retaliated against at least one who complained.

Complaints against McDonald’s bring EEOC into joint-employer fight

10/12/2016
A new front has opened in the war to determine if McDonald’s, along with its franchisees, is liable as a joint employer for employment law violations.

Unless you’re a church, beware religious training

10/07/2016
Think twice before requiring workers to participate in religiously oriented training. It may violate Title VII of the Civil Rights Act.

Reviews ran behind schedule? That’s not enough to justify a lawsuit

10/07/2016
Some employees seem to think they are owed a workplace that is perfectly fair and equitable all the time. Sadly, perfection isn’t possible.

Employee alleges bias against customers? Treat it like every other discrimination complaint

10/07/2016
When an employee is disciplined or otherwise punished for complaining that her employer is discriminating against certain customers, she can sue—and quite possibly win a large financial award.

Ensure early-out incentives are equitable

10/07/2016
Often before an employer implements a reduction in force, it may try to encourage employees to resign or retire by offering early-out incentives.

Rejecting candidates, then leaving positions unfilled can trigger discrimination claims

09/29/2016
If you reject a qualified candidate but leave the position open while still seeking someone with similar qualifications, that’s an open invitation to be sued for discrimination.

There are pay suits and discrimination suits, but they’re not necessarily the same

09/29/2016
Employees who file EEOC suits can’t go back years with pay claims unless they can show some sort of continuing violation.  Merely having complained for years—even decades—about unfair pay isn’t enough.