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Discrimination / Harassment

Buffalo company faces bias, retaliation lawsuit

10/10/2013
The EEOC has sued Buffalo-based Izza Bending Tube & Wire, claiming it retaliated against an employee after she objected to a manager’s decision not to hire a black applicant.

No discrimination if worker didn’t suffer adverse action

10/10/2013
Employees who sue for bias must show that they suffered some harm from the discrimination they allege.

Focus on expectant mom’s work performance, not her pregnancy

10/10/2013
Here’s a simple message you can pass on to bosses dealing with pregnant employees: Tell them the only appropriate response is to offer the mother-to-be a congratulations when she announces her pregnancy.

Carefully document RIF strategy to guard against discrimination claims

10/10/2013
Employees terminated ­during RIFs sometimes believe they were hand-selected for layoff because of discrimination or retaliation for prior complaints. Smart employers consider that possibility and carefully document the RIF process to show when the possibility of layoffs was first considered and how employees were picked for termination.

Love blooms at work? Isolated romance doesn’t always mean hostile work environment

10/10/2013
When men and women work together, romantic relationships are bound to occur. Even rules that prohibit such relationships—at least between supervisors and subordinates—won’t stop that from happening. But an isolated affair isn’t a legal kiss of death.

EEOC sues Davis Typewriter over surveillance tape

10/10/2013
The EEOC has sued Worthington-based Davis Typewriter after a manager streamed video from a company surveillance tape on his computer—allegedly so he could ogle a female subordinate’s breasts.

Merrill Lynch agrees to settle race bias suit for $160M

10/10/2013
Merrill Lynch will pay $160 million to 1,200 black brokers who have worked for the Wall Street giant since 2001. The plaintiffs’ attorneys alleged that Merrill Lynch (now owned by Bank of America) engaged in “systemic” discrimination.

Boss expresses obvious bias? That’s a firing offense

10/10/2013
When a supervisor expresses clear illegal bias, fire her. Otherwise, her attitude may taint any subsequent termination decisions involving members of the protected class the manager harbors resentment about.

Retaliation after 4 years have gone by? Yes, in some cases

10/10/2013
Don’t ignore applicants who have filed prior EEOC complaints against your organization. Give them a fair opportunity to compete for jobs.

Mere petty behavior? Don’t sweat bias suit

10/10/2013
Employees sue over the most trivial workplace incidents. Fortunately, courts have more important things to do than soothe hurt feelings. Busy judges are quickly dismissing cases that are based on nothing more than a few petty incidents.