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North Carolina

Veteran complaining of USERRA violation? Don’t even think about using that against him

02/28/2011

It’s often easy for employees to prove retaliation than whatever alleged bias may have preceded the retaliation. For cases involving employees who are also members of the armed forces, it’s even easier. They’re protected by USERRA.

Beware racial slurs–no matter the context

02/28/2011
Some employees will make any argument to win a lawsuit. Fortunately, courts usually can spot a set-up when they see one.

The key is consistency: Make sure similar infractions are subject to similar punishment

02/15/2011

Employees who break rules usually expect to be punished. But they also expect to be treated fairly. Most understand that employers shouldn’t punish one employee more harshly than someone else who committed the same infraction. And if that other employee belongs to a different protected class, savvy employees know that attorneys will be lining up for a chance to file a discrimination lawsuit.

Put a stop to harassment ASAP–fast action now prevents liability even years later

02/10/2011
Sexual harassment sometimes grows slowly, starting out fairly innocuously before accelerating to behavior that creates a truly hostile work environment. Courts understand that and have created a specific legal doctrine to help harassed employees—the continuing violation doctrine.

Amtrak faces equal pay suit

02/04/2011
The EEOC is suing Amtrak for pay discrimination and retaliation, following allegations by a female HR manager in Pennsylvania that the railroad underpaid her because she is a woman.

Subway franchise failed to act, now must pay for harassment

01/28/2011
A Wilmington company that operates several Subway restaurants will pay two former employees $55,000 to settle sexual harassment complaints against an assistant store manager. The EEOC sued SKMATCH Inc. in federal court after attempting to resolve the dispute without going to court.

Good records mean you’re always prepared for court

01/28/2011
Here’s a truism that should help you sleep better at night: If you keep good records and track all discipline, you’ll seldom lose discrimination lawsuits.

Don’t shoot messenger when you uncover possible bias

01/28/2011
Employees who provide information about possible discrimination to the EEOC are protected from retaliation for doing so. Courts generally protect the EEOC’s ability to conduct investigations. They don’t like to see cooperating employees discouraged from answering questions.

Make sure documentation tells complete story of terminated worker’s conduct

01/28/2011

Employees who are fired don’t have much to lose by suing their former employer. And once they start talking to a lawyer, they often suddenly “remember” all kinds of terrible things their co-workers and supervisors did. Counter revisionist employee hindsight with good documentation of every interaction leading up to the termination.

Never tolerate co-worker sex harassment, even if harm comes from words, not deeds

01/28/2011
Employers have an obligation to open up jobs in all fields to qualified individuals of both sexes. And they must make sure women aren’t being targeted for harassment by their male co-workers.