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Discrimination / Harassment

NYC settles sexual harassment lawsuit for $225,000

02/05/2009

A former secretary who worked for the New York City Department of Aging has settled her sexual harassment lawsuit against the city for $225,000. Auritela Santos claimed the department commissioner, who has since resigned, subjected her to sexual remarks …

Stop suits with standard job application process

02/05/2009

It’s crucial to handle all job openings the same. If someone doesn’t properly apply for a job, he can’t sue you for discrimination. If you have a clear process—and he knows about it—you can readily show he didn’t apply.

Document investigation to thwart harasser’s suit

02/05/2009

Sometimes, employers conducting harassment investigations find themselves in no-win situations, especially when there are conflicting claims and classic “he said, she said” scenarios. You risk a lawsuit if you fire the alleged harasser, most likely alleging some other illegal reason for your decision to terminate. The way to win these cases: Thoroughly document the investigation.

Be on guard for age discrimination suit if older worker offers to work for less

02/05/2009

Older employees who learn they might be laid off for economic reasons—especially those who have recently spoken with an employment lawyer—have begun trying an interesting tactic: They’re volunteering to work for less pay. Take those offers seriously.

Ex-driver puts full court press on New York Knicks center

02/05/2009

New York Knicks center Eddy Curry has been sued by his former driver, who claims that Curry made a pass at him. The former driver, David Kuchinsky, also says that Curry used racial slurs around him …

U.S. Supreme Court to hear reverse discrimination appeal

02/05/2009

The U.S. Supreme Court has agreed to review a reverse discrimination ruling by the 2nd Circuit Court of Appeals, which had upheld a lower court’s decision that the city of New Haven, Conn., could refuse to certify the results of two fire department promotion exams…

Tell managers to document hypersensitive worker’s behavior

02/02/2009

Some employees are more sensitive to criticism than others and may also be more likely to file hostile work environment lawsuits. Managers with difficult subordinates would do well to track the behavior. It can be used in court to show that those subordinates have a skewed perception of the workplace.

Religious accommodations hinge on worker’s sincerity

02/02/2009

When employees ask to be excused from working on the Sabbath, forget about questioning whether their religion actually requires the accommodation. What matters is that the employee sincerely holds the belief—not the source of the employee’s belief.

Rehabilitation Act applies to county court systems

02/02/2009

The 3rd Circuit has ruled that county court systems can be sued for disability discrimination under the federal Rehabilitation Act because the domestic relations divisions of the county court systems received federal funding.

Next up on the nightly news, perhaps a little less drama

02/02/2009

The ongoing soap opera that is Philadelphia news broadcasting seems to be winding down. Former WCAU-TV news anchor Vince DeMentri has settled for an undisclosed sum for a sex discrimination complaint…