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Discrimination / Harassment

What’s in a name? Legal settlement just the same

11/16/2011
A Chicago ambulance service has decided to settle a lawsuit after a federal judge nixed the novel argument that some other company must have been responsible for alleged sexual harassment of its employees.

Beware firing after good employee complains

11/16/2011
Think twice before firing a good employee who has complained. If she can prove she earned excellent reviews and had good attendance, she may win a jury trial based on timing alone.

You’re hired! Oh, you’re pregnant? You’re fired!

11/09/2011
Capri Healthcare in Clearwater is being sued following an EEOC complaint that it rescinded a job offer as soon as it found out its new employee was pregnant.

Warning letter typically isn’t an adverse reaction

11/09/2011
Not everything negative that happens to an employee is the basis for a lawsuit. Employees have to allege both that they were on the receiving end of some sort of negative feedback and that there were consequences that changed the terms and conditions of employment.

Courts won’t second-guess honest business decisions

11/09/2011
Courts hesitate to second-guess an employer’s decision to cut staff for economic reasons. Generally, employees have to challenge such decisions head on, with direct evidence of discrimination. That’s hard to do.

Employee sues for bias? Check lawsuit claims against original EEOC complaint

11/09/2011

A court has clarified that the EEOC isn’t required or expected to look beyond what an employee states in his agency complaint when investigating it. That means that if an employee fills out the form herself and doesn’t provide enough information to trigger suspicions that discrimination has occurred, chances are the matter won’t go further.

When can you fire worker who filed complaint?

11/09/2011

Employees often mistakenly believe that if they complain to HR about discrimination or harassment, they somehow become untouchable. They assume that anything negative that happens shortly after must be retaliation. That’s simply not the case. If the employee breaks a rule, he’s not immune from the usual and customary punishment.

Alliant faces race discrimination charge

11/09/2011
The EEOC has filed racial discrimination charges against Eden Prairie-based Alliant Techsystems after the aerospace company withdrew a black woman’s job offer and then gave the position to a white man.

Prepare to go to trial even if employee represents herself

11/09/2011

Courts often have little patience for disorganized, incomprehensible lawsuits. Those cases are often filed by pro se litigants, who act as their own lawyers in court. Their rambling legal documents often make for difficult trials, so judges have frequently decided to toss them out. But now the 8th Circuit Court of Appeals has told lower courts to rethink that approach.

Small employers: Always check to see if you’re too small to be sued under Title VII

11/09/2011
Note to small employers interested in avoiding unnecessary hassles—and lawsuits: If you receive an EEOC or local employment discrimination agency complaint, don’t assume or admit that you have enough employees to be covered by the law.