by Stephen D. Hans | Jan 24, 2018 | NY Defense Discrimination Attorney, Sexual Harassment
Anti-Harassment Policies and Complaint Procedures Your employment attorney can assist you with the wording for an anti-harassment policy, especially if you are currently dealing with harassment issues in your business and are seeking legal counsel. Writing Anti-Harassment Policies What should you include in a sexual harassment policy? According to the EEOC, all kinds of harassment can occur in the workplace and sexual harassment is a specific type of discrimination. You want your policy to be broad enough to cover all types of harassment that violate federal law. Harassment involving any type of discrimination is illegal in the workplace. Therefore your policy should state that the employer does not tolerate any harassment based on the following: Race Sex Religion National Origin Age Disability Genetic information Harassment based on opposition to discrimination or complaint proceedings Retaliation against anyone complaining of harassment or participating in an investigation Harassment Complaint Procedures Establishing a procedure for dealing with harassment complaints is vital to protect employees and also to protect your business. What elements should your complaint procedure incorporate? First of all, as the employer, you should encourage your employees to report harassment. Doing so can help you prevent harassment from becoming severe or widespread. You should appoint more than one official to take complaints and make sure the officials are accessible for employees — readily available and in locations where employees can contact them. You can decide and designate which officials are appropriate to hear complaints and also make sure that the supervisors hearing complaints report them to management. Make sure that supervisors and other management personnel protect the confidentiality of the employee who...
by Stephen D. Hans | May 10, 2017 | Business Attorney, NY Defense Discrimination Attorney
Recently, Fox News has been high profile in the media for discrimination lawsuits brought by employees who are alleging sexual harassment and racial discrimination. The most shocking news report that hit the media and rocked the nation was about the firing of Bill O’Reilly due to sexual harassment allegations. Bill O’Reilly Discrimination Lawsuits Based on Sexual Harassment According to The New York Times , Fox settled complaints brought by five women who alleged Bill O’Reilly had sexually harassed them. The network launched an investigation into O’Reilly and discovered multiple women had reported inappropriate behavior that involved him. The Murdoch family, which controls 21st Century Fox, decided the outcome, and in particular, Rupert Murdoch and his sons James and Lachlan arrived at their decision after the internal investigation. They paid $13 million to settle the women’s complaints. O’Reilly’s termination came during his visit to Italy where he met Pope Francis at St. Peter’s Square in the Vatican. O’Reilly’s Rebuttal CBS News reported that O’Reilly denied the sexual harassment allegations and has said he is confident the truth will come out. He said when it does, he expects everyone to be as shaken as he is. More Lawsuits Against Fox News The Washington Post reported that more employees have filed lawsuits against Fox News, and one of these lawsuits includes racial discrimination. A total of 13 current and former employees took separate legal actions against the news media outlet and alleged years of “hostile racial discrimination.” Emmy-winning reporter Kelly Wright was among eleven of these people who filed a class action lawsuit against the network in the NY Supreme Court. All...
by Stephen D. Hans | May 11, 2016 | Employment Defense Attorney, NY Defense Discrimination Attorney
Queens, New York City Employment Defense Firm As employers, when you ask for medical information on a job application, you raise a red flag for the Equal Opportunity Employment Commission (EEOC) and set yourself up for a lawsuit. No matter how reasonable it seems to ask an applicant about medical history, simply refrain from doing it. EEOC vs. Grisham Farm Products Recently the EEOC filed a lawsuit against Grisham Farm Products. The company required applicants to fill out three pages of medical history. An applicant refused to fill out the information recently and the company told him he would not be considered for the job. He had a disability and the health information requirement on an application violates the American with Disabilities Act (ADA). It also violates the Genetic Information Nondiscrimination Act (GINA), according the EEOC. Businesses Targeted for ADA Violations According to the National Law Review, the EEOC is targeting businesses that ask for medical history on job applications. The EEOC fact sheet indicates it has gone after 200 businesses since 2011 that the EEOC alleges were in violation of the ADA. Lawsuits involved employees with the following types of disabilities: Intellectual disabilities Psychiatric Disabilities Epilepsy Cancer HIV Diabetes Renal Failure Large, nationwide businesses have been sued, including: Walgreen Kmart UPS AutoZone Dillard’s United Airlines Verizon Maryland Dollar General Papa John’s Target If you have questions about whether or not you may be liable because you failed to hire a disabled job applicant or have questions about how to deal with issues regarding a disabled worker, get a legal opinion. At Stephen Hans & Associates, our attorneys can...
by Stephen D. Hans | Sep 10, 2015 | NY Defense Discrimination Attorney, Uncategorized
Con Edison Agrees to Pay $3.8 Million in NY Sex Discrimination and Harassment Claim New York Attorney General Eric T. Schneiderman and the U.S. Equal Employment Opportunity Commission (EEOC) announced on September 9, 2015 that they reached a joint settlement with Con Edison on sex discrimination and sexual harassment charges brought by a class of women against the company. A class of up to 300 female blue-color workers alleged that Con Edison allowed retaliation and engaged in the following discriminatory actions: Sub-par on-the-job-training for women compared with male peers Made to do menial, “make-work” tasks and isolated by male workers in group work settings Refused or stonewalled when females sought admission to educational classes necessary for promotions Not provided tools or safety gear in situations where men received them Denied adequate and sanitary private restroom, shower and changing facilities Subjected to excessive discipline unlike male workers engaged in comparable conduct Given fewer positive performance evaluations than males for doing comparable work Denied overtime assignments despite eligibility under collective bargaining agreements In addition to having to pay the class of women $3.8 million, Con Edison has to retain an independent consultant for settlement compliance evaluation along with an independent equal employment opportunity specialist to develop and conduct employee training. The company must also improve its policies and protocols for investigating harassment and discrimination complaints. In addition, the company’s field supervisors must receive training that emphasizes prohibiting sexual harassment and sex discrimination. If your company has disputes with employees over discrimination, it is vital that you seek legal help as soon as possible. Stephen Hans & Associates has successfully defended employers’...
