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Discrimination / Harassment

Baytown falls victim to growing age bias lawsuit trend

11/15/2010
Former Baytown municipal employee Richard Hensley is suing the city, arguing that a negative performance appraisal he received reflects a pattern of discrimination against older workers. The lawsuit argues that the city of Baytown routinely replaces older employees with younger, unqualified replacements.

When harassment allegations surface, launch comprehensive investigation right away

11/15/2010

Are you sure your company is doing everything it can to prevent lawsuits? Start by looking at how you react to discrimination complaints. If you know exactly what to do from the moment an employee first complains until he or she files a federal lawsuit, there’s no need to read further. But if you hesitated for even a moment, keep reading.

Good documentation wins cases–even sensitive ones

11/15/2010
Having complete records of why you disciplined an employee often gives a court the information it needs to decide whether you’ve discriminated—or even retaliated against someone who has leveled serious charges against you.

Can a severance agreement waiving age claims prevent an ADEA suit?

11/15/2010
Q. We are considering terminating an employee who will turn 41 this month. Can we ask him to sign a severance agreement that includes a release of his age discrimination claims under the ADEA?

7th Circuit rejects ‘cat’s paw’ theory in age discrimination claim

11/15/2010
The recent 7th Circuit decision in Lindsey v. Walgreen Co. addresses the cat’s paw theory of liability in the context of an age discrimination claim. The court held that a supervisor who decided to fire an employee was not the “cat’s paw” because she did not rely solely on the employee’s allegedly biased supervisor.

Take action to separate, investigate as soon as you hear sexual harassment allegations

11/15/2010

Juries are unpredictable, so smart employers do everything they can to avoid a jury trial. That’s especially important when an employee claims sexual harassment. It’s critical to investigate sexual harassment allegations as soon as they surface. Then act fast to separate the involved employees before more harm is done.

Assigning drivers by race delivers suit to DHL

11/15/2010
DHL Worldwide faces charges it effectively segregated its workforce by assigning black drivers to routes in black neighborhoods, and white drivers to routes in white neighborhoods. The EEOC has filed suit in federal court based on more than 20 discrimination complaints filed by black delivery drivers.

Discrimination or paranoia? Courts can distinguish

11/15/2010
Courts are beginning to get tough on employees who say they had no choice but to quit and then sue for alleged discrimination.

Court: We assume you’re not biased against Americans

11/15/2010
An applicant for an adjunct professor position at a for-profit educational institution has lost her bid to advance a lawsuit alleging discrimination against Americans. The court noted that it takes more than a mere allegation to litigate a suit charging discrimination against the majority.

Use exit interviews to identify patterns of supervisor’s hidden discrimination

11/15/2010

Do you suspect a rogue supervisor is driving away employees belonging to a protected class? If so, begin asking tougher questions during your exit interviews. For example, if several black employees who work under the same supervisor have quit or requested transfers, find out why. The problem may be a biased supervisor …