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Employment Law

EEOC can order employer to keep former harasser away

12/05/2012
Most employers think that once they fire a harasser, the matter should be pretty much over. But the EEOC has now won the right to order an employer never to rehire a harasser and to ban him from the premises indefinitely.

Common-sense court decision: Promotion isn’t adverse employment action

12/05/2012

Retaliation for filing an EEOC or other complaint is anything that would dissuade a reasonable employee from complaining in the first place. But what if the employer does something that most reasonable people would consider favorable?

Employee refuses to cooperate with internal investigation? That’s a firing offense

12/05/2012
Just as employers have a responsibility to investigate allegations of wrongdoing, employees have an obligation to cooperate with internal investigations. Refusing to do so can be grounds for termination.

Boss embroils steakhouse in same-sex harassment case

12/05/2012
Sparks Steakhouse in Midtown Man­­hattan will pay $600,000 to settle a same-sex harassment lawsuit that alleged the upscale eatery did nothing to stop a male manager from groping waiters.

Court: Being a tough boss is perfectly legal

12/05/2012
There’s no state or federal law that requires work to be easy or fun. As long as managers treat employees alike—without regard to race, age, sex or other protected characteristic, and don’t otherwise violate the law—they can be as unpleasant as they want.

Warn top brass: Avoid appearance of impropriety

12/05/2012
CEOs and other high-ranking company officials should do all they can to avoid even the appearance of impropriety at work, on business trips and when socializing with employees. Reason: Even innocent behavior can be made to look like harassment.

How should we handle documents containing info about employees’ medical conditions?

12/03/2012
Q. Our office received medical information from an employee’s physician in conjunction with his FMLA leave request. What’s the best way for us to maintain this kind of documentation?

Does the FMLA cover leave for ‘stress’?

12/03/2012
Q. One of our employees has asked to go on medical leave due to “stress.” Does stress qualify as a condition that requires leave?

NLRB expands duty to respond to union information requests

12/03/2012
The NLRB continues to force new requirements on employers from all directions. Its latest salvo comes in its ruling in IronTiger Logistics. The NLRB says resulting new requirements represent an effort at increased civility and common sense in the negotiation process. However, the legal foundation for the ruling is suspect.

Selma, DOJ settles firefighter’s retaliation suit

12/03/2012
The U.S. Department of Justice has reached a settlement with the city of Selma, ending a lawsuit that alleged violations of Title VII of the Civil Rights Act.