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Discrimination / Harassment

It’s OK to ban prescription drugs if you have genuine safety concerns

12/09/2008

Employees who take certain prescription drugs for legitimate medical conditions may be unable to work safely if their jobs involve heavy machinery, split-second judgment or the ability to remain alert. If that’s the case, it’s not disability discrimination to ban employees from working while on those medications.

Yes to a Christmas tree but no to a menorah?

12/09/2008

Your company probably put up a Christmas tree to brighten the workplace during the holidays. Don’t be surprised if an employee suggests putting up other symbols of the season, such as a menorah. If you reject that suggestion, should you worry that you’ll be ringing in the New Year with a religious discrimination lawsuit?

Meat packer, staffing firm settle with Muslim workers

12/09/2008

St. Cloud-based Gold’n Plump has agreed to pay $215,000 to a group of Somali Muslim workers to settle a religious discrimination lawsuit brought by the EEOC. The company also granted the workers an extra paid break for prayer during the second half of each shift.

Former TV producer ups the ante in disability suit

12/08/2008

Erin Primmer, former producer of “The Montel Williams Show,” has increased the amount of her disability discrimination lawsuit against CBS by a whopping $3 million. Primmer claims she was wrongfully fired after she collapsed from a brain aneurysm in 2007 …

Older worker suddenly dinged? See you in court

12/08/2008

Judges are naturally suspicious. They regularly see the worst of humanity, and many don’t have the rosiest outlook on life. So when they hear that an employer suddenly disciplined an employee who has put in decades of service with nary a blot on her disciplinary record, they think “age discrimination.”

Busted settlement can’t revive bias suit

12/08/2008

Sometimes employees who have agreed to accept settlements in return for dropping discrimination claims change their minds—especially if they believe the employer didn’t deliver everything it promised in the settlements. They’d rather ditch the agreements and restart the original lawsuits. They can’t.

Be prepared to explain why offenses were similar but punishments differed

12/08/2008

Employers need flexibility when it comes to disciplining employees. But flexibility can’t come at the expense of members of a protected class. Be careful before you approve different punishments for the same or very similar rule violations.

Yes to Christmas tree and no to menorah does not religious discrimination make

12/08/2008

Your company probably put up a Christmas tree to brighten the workplace during the holiday season. And it is also possible that an employee suggested it might be nice to put up other symbols of the season, such as a menorah. If you rejected that suggestion, should you worry that you’ll be ringing in the New Year with a religious discrimination lawsuit?

Small age difference may support age bias claim

12/08/2008

Employees who claim they were fired or didn’t get hired because of age discrimination don’t have to prove that the employee who was hired or retained was younger than age 40. Instead, they need only show that the other employee was at least seven years younger.

Headmaster gets nearly $1 million in retaliation case settlement

12/08/2008

Lake Ridge Academy in North Ridgeville agreed to pay $950,000 after a federal jury found that it fired James Whiteman in retaliation for expressing concerns about possible pay inequities at the private school.