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Discrimination / Harassment

6 years is long enough: Are quick dismissals on the way following 7th Circuit’s rebuke?

01/11/2010

Employers may soon notice trial judges dismissing frivolous lawsuits sooner rather than later. It seems some of the judges on the 7th Circuit Court of Appeals have taken to chastising trial judges who don’t move fast enough. That could mean significant savings on legal fees if trial judges heed their brethren’s advice.

Transfer with same pay and benefits may still be an adverse employment action

01/11/2010

Employees who are transferred to another position with fewer or less important responsibilities may use the transfer as a basis for an employment discrimination lawsuit. That’s true even if the transfer doesn’t come with less pay or fewer benefits.

Snubs alone don’t support discrimination lawsuits

01/11/2010

Some employees see every little slight as a major affront and think they are being discriminated against. Fortunately, courts don’t want to be in the civility business—and they frequently toss out such cases.

Don’t give up just because EEOC rules against you

01/11/2010

All is not lost if the EEOC rules against an employer during a lawsuit’s initial stages. Judges can refuse to let a jury hear what the agency concluded. Lesson: Don’t let an adverse EEOC decision persuade you to settle.

Allstate hands over $4.5 million to settle age bias claims

01/11/2010

Northbrook-based Allstate Insurance has agreed to pay $4.5 million to 90 former agents who alleged the company’s move to turn employee agents into independent contractors disparately impacted older agents and violated the ADEA.

Aaron Rents settles harassment case, but still faces civil suit

01/11/2010

East St. Louis-based Aaron Rents has settled a sexual harassment case brought by the EEOC on behalf of Ashley Alford, an employee at the company’s Fairview Heights store. Alford started working at the store in her late teens. Almost immediately, her manager began requesting sex from her. She complained to the manager’s boss and even called the company hotline, but the company took no action.

Twist on bias headed for Supreme Court? Cat’s paw theory claws back

01/11/2010

After taking a back seat to other employment issues on the U.S. Supreme Court’s agenda, the “cat’s paw” theory of liability may well be coming back into the spotlight, and employers better be ready. Whether or not Staub v. Proctor Hospital reaches the Supreme Court, the case should be a wake-up call: Cat’s paw cases are out there and they can lead to protracted, costly litigation.

Complaint policy ignored? You face punitive damages

01/08/2010

Warning! If you have a robust discrimination policy, but don’t follow it, you may face punitive damages under the New Jersey Law Against Discrimination. That law authorizes courts to punish employers financially for conduct that is “especially egregious.”

When discipline differs, be ready to explain why

01/08/2010

Employees often sue for discrimination when they suffer harsher discipline than co-workers did. You can counter those bias claims by having clear records that show how you decided on the specific discipline each employee received. Explain why the punishments were different.

Set job application rules, apply them equally

01/07/2010

Employers are free to create reasonable rules for submitting job applications and make potential employees follow those rules. As long as your rules aren’t enforced in a way that favors one group of applicants over others, courts will let you reject an applicant for failing to follow those rules.