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Employment Law

Temporary injuries generally don’t rise to the level of ADA disability

02/12/2019
Each condition must be assessed individually. Here’s how that played out in a recent case.

Track every accommodation request to show when employees asked—or didn’t

02/12/2019
Disabled employees who need reasonable accommodations must request them. If no request is made, no ADA accommodation is due. That’s why it is important to routinely track when you receive accommodation requests.

Human Rights Law extends far outside city limits when applicants claim harassment

02/12/2019
If you are an employer in New York City, you may find yourself liable for sexual harassment stemming from events that didn’t even occur in New York and involving people who have never even applied for a job in your organization.

You need great records to beat NYCHRL suits

02/12/2019
New York City employers have to clear a high bar to defend against discrimination claims under the New York City Human Rights Law. For all practical purposes, you have to show that discrimination played no role whatsoever in your decision.

Taxpayers no longer on hook for Capitol Hill harassment

02/12/2019
President Trump signed legislation that holds members of Congress personally liable for legal bills incurred as a result of civil actions that result in damage awards or settlements.

Honest business decisions are rarely discrimination

02/12/2019
Terminating a service contract based on the contractor’s race may violate Section 1981 of the Civil Rights Act of 1866. However, that’s a tough case except in cases of blatant discrimination.

Track requests to show: It was his idea!

02/12/2019
When an employee asks for a transfer or some other change to his working conditions, be sure you track the request. That way, if he later alleges coercion, discrimination or retaliation, you can show it was all his idea in the first place.

Watch 180-day deadline for complaints under Texas Commission on Human Rights Act

02/12/2019
Employees alleging discrimination under the Texas Commission on Human Rights Act have 180 days from the date of the last discriminatory act to file complaints with either the Texas Commission on Human Rights or the EEOC.

Beware contractor misclassification when buying labor through third party

02/12/2019
Merely calling someone an independent contractor (or even hiring them though a third party) won’t shield you from overtime liability if the worker should have been classified as an employee.

FMLA can’t be used to create long weekends

02/12/2019
Employees who meet the minimum service and medical requirements are entitled to intermittent FMLA leave. But what if they appear to be abusing their FMLA rights to gain favorable schedules, in the process creating staffing problems for the employer?