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Discrimination / Harassment

Former crew leader sues Teknor Color for disability bias

09/08/2009

A former Teknor Color Co. employee is suing the Jacksonville company for violating the ADA and the Civil Rights Act when it terminated her from her crew leader position.

EEOC sues San Antonio apartment company for race bias

09/08/2009

The EEOC recently filed a lawsuit against a San Antonio apartment management company for discriminating against an employee after he hired a black worker.

Federal court asks N.Y. to rule on harassment

09/02/2009

New York City employers may soon have a definitive answer to a vexing question under the New York City Human Rights Law (NYCHRL). The 2nd Circuit Court of Appeals has asked the New York Court of Appeals to tell the federal court whether the NYCHRL permits employers to raise the affirmative defense available under U.S. Supreme Court sexual harassment rulings.

Record of support for pregnant women, working moms helps win discrimination cases

09/02/2009

Employers that support pregnant and working mothers fare better if they do get sued by someone who believes she suffered pregnancy discrimination. That’s because courts are reluctant to believe that an organization would suddenly become biased after demonstrating a history of progressive policies for pregnant women and working mothers.

Put teeth in your arbitration agreements! Make sure employees acknowledge them

09/02/2009

If you use mandatory arbitration agreements, take the extra time to make sure courts will enforce them. In New York, that means showing that the applicant or employee knew that getting and keeping her job required agreeing to arbitration of all employment disputes.

Stop legal bait-and-switch by documenting, retaining copies of employee complaints

09/02/2009

Employees who engage in some form of protected activity—such as filing an EEOC complaint, participating in a discrimination case or complaining about possible discrimination to the company—are protected from retaliation for doing so. But often employees who complain about one thing end up suing on entirely different grounds …

When settling, consider adding a ‘no return’ clause

09/02/2009

Sometimes, it may seem like a good idea to simply settle a case and move on—especially if the case is taking up lots of time. Before you agree to a settlement amount, consider whether you really want the employee to stay with your organization.

Even self-representing litigants have deadlines

09/02/2009

Courts traditionally have been lenient with plaintiffs who represent themselves, giving them every benefit of the doubt. As this case shows, that seems to be changing.

Beware: 1 racist boss may cause class-action

08/28/2009

Here’s how little it takes to land a good organization in the hottest of legal waters: One verified comment by a supervisor showing that he’s against promoting or hiring minority applicants may mean a costly class-action lawsuit. The good news: You can often ferret out hidden discrimination with some simple statistical analysis.

Suit claims owner of mental health service harassed women

08/28/2009

The EEOC has filed a lawsuit against Greenville-based Carter Behavior Health Services, claiming the owner continually harassed female employees.