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Discrimination / Harassment

Don’t let petty grievances cost you sleep: They seldom cause discrimination liability

01/27/2009

Most minor grievances never add up to a discrimination lawsuit. That’s why you shouldn’t lose too much sleep over employees who whine about every little problem. Employees—even those belonging to a protected class—must be able to tolerate minor annoyances. Judges don’t like having to referee workplace pettiness.

Proven way to win shaky bias suits: Be specific about reasons for discharge

01/27/2009

Discharged employees who sue over alleged discrimination often must prove that the reason their employers gave for firing them was really a cover for discrimination. If you’re very specific about your reason for terminating an employee, you’re likely to win these kinds of lawsuits.

Understand NJLAD’s broad definition of ‘handicapped’

01/27/2009

Don’t make the mistake of assuming that someone who isn’t disabled under the ADA also isn’t disabled under the New Jersey Law Against Discrimination. The fact is, the NJLAD is far more generous in its definition.

Bridgewater P.D. must defend against 2 employee lawsuits

01/27/2009

A former police dispatcher in Bridgewater has sued, alleging that she was demoted when she asked for an accommodation for a disability.

Class actions exploded in ’08, employers continue to pay the price

01/27/2009

Employment law class-action litigation is growing at an explosive rate, and the economic meltdown will probably fuel even more lawsuits in 2009. So says a recent report that also predicts far greater financial exposure for employers that must defend their employment policies in court. Here are the gory details.

High court clears way for more retaliation suits

01/27/2009

On Jan. 26, the U.S. Supreme Court unanimously ruled that Title VII protects from retaliation employees who cooperate with employers’ internal harassment investigations. Some attorneys worry the decision will open the litigation floodgates for employees who believe they have suffered retaliation.

The Obama years: 4 predictions for employment law circa 2012

01/21/2009

President Obama has put forth a significant employment and labor agenda. If he and the Democratic-controlled Congress succeed in passing proposed legislation, the next several years will see the creation of new protected classes, more family leave rights and the re-emergence of labor unions.

Senate begins confirming Obama’s HR-related Cabinet nominees

01/21/2009

Expect swift confirmation of President Obama’s nominees to head the U.S. Departments of Homeland Security, Labor and Justice. And expect the Obama administration to take a far harder line than the Bush administration did against organizations that break employment-related laws.

Can you discipline workers for their raunchy Facebook postings?

01/21/2009

The Internet has created a whole new pond for employment lawyers to fish in. But you’re not powerless to your employees’ embarrassing—and potentially illegal—online activities. You can discipline employees who go over the line. Here’s a recent example, plus five tips to help you avoid legal trouble …

Know when to fold ’em: Sometimes, settling lawsuit is wisest move

01/16/2009

Even bosses who’ve been taught that one word can trigger a harassment or discrimination lawsuit can put their foot firmly in their mouths. If that’s the case and an employee starts the legal wheels in motion, it’s usually best to settle the case and move on.