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Discrimination / Harassment

Late EEOC filing? Better be able to prove it

08/13/2012

Employees typically have just 300 days to file EEOC and state discrimination complaints. Otherwise, their lawsuits will be tossed out. But it’s the employer’s burden to prove the complaint was filed too late—not the employee’s burden to prove he filed on time.

Beware bias based on employee’s tribal status

08/13/2012
A court has decided employees can sue employers for national-origin discrimination based on an unexpected characteristic: the employee’s tribal affiliation. National-origin discrimination lawsuits are usually based on being from a particular country, but belonging to a specific tribe can count, too.

As boomers get older, age-bias claims spike: Avoid trouble by heeding new DOL guidance

08/08/2012
The U.S. Department of Labor’s Office of Disability Employment Policy just unveiled a study, Employer Strategies for Responding to an Aging Workforce. The study urges employers to follow these strategies to avoid age discrimination complaints:

Co-worker complaints not enough to establish accommodation hardship

08/07/2012
Title VII requires an employer to reasonably accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless doing so would pose an undue hardship. If you are planning to reject an employee’s request for a shift change as a religious accommodation, you must be able to support the claim of hardship with facts.

Goodyear settles disability suit

08/07/2012
Akron-based Goodyear Tire & Rubber Co. has paid $20,000 to a former employee at a plant in North Carolina who claims she was fired because of a medical condition.

Minorities disproportionately affected? Expect lawsuit

08/07/2012
If a pattern of employer practices seems to discriminate against a particular class of employees, expect trouble. If one employee sues, the court won’t dismiss the case until after expensive and time-consuming pretrial proceedings—if at all.

Employees who sue and lose are now more likely liable for court costs

08/07/2012
In a sign that courts want to discourage frivolous lawsuits, the 6th Circuit Court of Appeals has upheld the assessment of court costs after dismissing a failure-to-promote claim. This is an extremely promising development.

Use greater experience, extra skills to justify why you pay some employees more than others

08/07/2012
Some employees wrongly assume that discrimination must be to blame if someone doing the same work earns more than they do. But even under the Equal Pay Act, employers are allowed to value employees with more highly specific skills and experience.

Mediator called in to clean up Summit prison shower dispute

08/07/2012

Female prison guards and Summit County officials have agreed to bring in a mediator to help settle a long-running dispute over a county policy that forbids the women from guarding prisoners who are showering. The guards claim the policy means they receive fewer raises and miss out on promotion opportunities.

EEOC is on the lookout for ‘beauty bias’

08/07/2012
The EEOC is investigating the Marylou’s Coffee chain, looking into its apparent practice of hiring attractive young women. According to the Fisher Phillips law firm, “the EEOC’s big adventure raises a troubling question: Is the EEOC trying to establish that it’s illegal for an employer to prefer attractive employees over unattractive ones?”