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Discrimination / Harassment

Employee sues under NCEEP? Ask court to throw it out

10/31/2011

When the North Carolina Legislature saw fit to enact the North Carolina Equal Employment Practices Act (NCEEPA), it didn’t go the extra step and authorize individual employee lawsuits to enforce those rights. Instead, the law is just a declaration that discrimination prohibited by federal law also violates public policy.

Good news: EEOC doesn’t have the last word in deciding discrimination cases

10/31/2011

Here’s a bit of good news for employers on the losing end of an EEOC determination that an employee’s discrimination complaint has merit: That determination isn’t the final word—and it doesn’t carry much weight in court. The employee won’t be able to use the determination to prove bias.

Company, man with dreadlocks settle after jury deadlocks

10/31/2011
Lawrence Transportation has reached a settlement with a job applicant whom it refused to hire unless he cut off his dreadlocks. In addition to an undisclosed payment, the company agreed to implement and enforce policies banning religious discrimination and provide anti-­discrimination training to all employees.

Court: Apply first, then sue for discrimination

10/31/2011
If you want a job, you have to apply for it. If you want a promotion, you have to apply for it. If you want to sue an employer for discrimination in hiring or promotions, you probably should have applied, too, right?

Don’t sweat small stuff–you won’t lose in court

10/31/2011

Some employees expect the workplace to be a perfect place, free of all strife and disharmony. Too bad that’s an unrealistic standard. Employees have to develop some degree of tolerance for slights and inconveniences. And even if callous supervisors and co-workers treat sensitive souls badly, that doesn’t mean discrimination is to blame.

Keep the lawsuit clock on your side: Make sure workers know exact date of actions

10/31/2011
Employees have only a short period of time to file their initial dis­crimi­na­tion claims. The clock starts ticking as soon as the employee knows (or should have known) about some material, potentially adverse job change. That’s why you need to be absolutely clear to employees when you make a job change—and note it in your files.

Loose lips lead to liability when word of alleged employee wrongdoing leaks out

10/27/2011

Pennsylvania allows lawsuits for portraying someone in a false light. For employers, that means you can be sued for publicizing information relating to discipline that turns out to be inaccurate. Thus, it makes sense to discuss discipline only with those who have a need to know.

Grocer, baker, Sabbath-taker embroiled

10/27/2011
A Dauphin County man who delivered Tastykakes to Giant Food stores is suing both the Tasty Baking Co. and the grocery store chain for religious discrimination after his contract was terminated. But Giant says it had no relationship with the deliveryman and wants to be removed from the suit.

Don’t get burned! The cat’s paw theory of discriminatory firing

10/26/2011

Under what’s called the Cat’s Paw Theory, employers can’t de­­fend themselves against employment discrimination claims by saying they didn’t know a supervisor was biased. The theory was first introduced in Shager v. Upjohn, a 1990 7th Circuit Court of Appeals decision.

3rd Circuit takes dim view when employees appeal decisions in frivolous lawsuits

10/26/2011
Good news for employers vexed by employees’ repetitious and frivolous lawsuits: If a trial court does a good job explaining why a case should be dismissed, the 3rd Circuit Court of Appeals probably won’t grant an appeal.