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Discrimination / Harassment

Warn managers: They may be personally liable for discrimination

04/18/2008
If you have trouble persuading managers that they cannot discriminate or harass, here’s ammunition. Tell them that if they participate in any form of discrimination or harassment, it’s their assets on the line. An employee can sue them directly, and they may have to pay damages out of their own bank accounts …

When the lawsuit is frivolous, employee may have to pay employer’s attorneys’ fees

04/18/2008
Here’s some good news from the litigation front. In some cases, employees who file frivolous discrimination lawsuits may actually end up reaching into their own wallets—to pay their employers’ legal fees …

Good ol’ boy network could cost you millions

04/18/2008
Is there’s a “good ol’ boy” network growing in your organization? If promotions and raises tend to go just to employees who win management’s favor—and not to those who perform, regardless of race or gender—you could easily find yourself on the losing end of a big lawsuit. How big? Try $24 million!

You can’t ignore state disability law

04/18/2008
UPS requires all its drivers to hold U.S. Department of Transportation (DOT) commercial driver’s licenses to operate trucks weighing more than 10,001 pounds, even if they regularly drive only smaller trucks. Drivers diagnosed with epilepsy can’t qualify for the national licenses. That became a problem when UPS driver Paul Warren developed epilepsy …

Race, national origin aren’t synonymous

04/18/2008
Kyaw Nyunt, a U.S. citizen of Burmese origin, worked for the government agency that broadcasts Voice of America radio programming. After the agency failed to promote Nyunt several times, he filed a complaint alleging age and national origin discrimination. Then he filed a federal lawsuit alleging age, national origin and race discrimination …

Citigroup to pay $33 million in gender-Bias settlement

04/18/2008
Citigroup will pay $33 million to settle a class-action lawsuit filed by three female brokers who worked in the Santa Barbara office of Smith Barney, a Citigroup unit. As many as 2,500 former and current Smith Barney female brokers may end up sharing in the settlement pot …

Individuals cannot be held liable for retaliation claims

04/18/2008
The California Supreme Court held in 1998 that individual supervisors and managers are not personally liable for discrimination under the California Fair Employment and Housing Act. Now the court has also ruled that individual supervisors and managers may not be held financially responsible for retaliation claims …

Progressive discipline among best ways to beat bias claims

04/14/2008
There’s no law that says employers must use a progressive discipline system—but that’s no reason not to. In fact, using progressive discipline is one of the best ways to fight frivolous discrimination claims …

Justify decisions to thwart retaliation bait & switch

04/14/2008
One of the most popular litigation tactics these days starts with an employee filing a discrimination complaint. Then the employee—and her attorneys—sit back and wait to see what happens. If the employer somehow punishes the employee, the attorneys add a second count to the lawsuit: retaliation …

Pressure to ‘Balance’ staff may show reverse discrimination

04/14/2008
Are you under pressure to make your work force better reflect the racial or ethnic composition of the surrounding community? If so, be aware that manipulating hiring or promotions to achieve that goal at the expense of any particular race may mean a reverse discrimination lawsuit …