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Discrimination / Harassment

Lewd boss induces $2.5 million panic attack

10/01/2007

A woman from Queens is suing her boss and their employer for $2.5 million, claiming she began suffering panic attacks after the boss handed her 15 photos of himself stark naked …

At Novartis, nursery rhymes are in, motherhood out

10/01/2007

That’s what a dozen female Novartis employees, recently granted class-action certification in Manhattan federal court, will try to prove in their gender discrimination suit against the Maalox maker …

Malverne to pay $100,000 for wrongful firing

10/01/2007

A federal jury has awarded $100,000 for pain and suffering to a former director of special education for the Malverne School District, who claimed she was fired for reporting sexual harassment. The director lost her underlying sexual harassment suit, but prevailed on the wrongful-firing claim …

Religious accommodations

10/01/2007

Q. An employee of ours is requesting a personal day off for religious observance. He is salaried and has exhausted all vacation and personal time. Are we required to give him the day off? …

Fair discipline process is key to avoiding lawsuits

10/01/2007

Do you have an employee who grates on everyone’s nerves and makes unreasonable demands on subordinates? Are you afraid to discipline the employee because he or she belongs to a protected class (e.g., race, age, sex)? Fear no more! As long as you use a fair process to correct the employee’s shortcomings, chances are he or she won’t win a lawsuit …

Mere days of harassment mean lawsuit when ‘Constructive discharge’ is involved

10/01/2007

When it comes to sexual harassment under Ohio’s sex discrimination laws, a few days is all it takes to create a hostile work environment. Even if the harasser stops—instead turning critical and cold—the harassed employee may quit shortly after. Courts then will view the resignation as the effective equivalent of being fired in retaliation …

Don’t add insult to injury: Be careful what you say about litigious employees

10/01/2007

When a former employee sues and you think the lawsuit is frivolous, resist the temptation to belittle or punish the employee by discussing the case. Small talk can mean a big payday for a former employee who finds out and files a defamation lawsuit. What’s more, you could be personally liable if a jury finds you acted vengefully or with ill will. The best advice: Don’t discuss pending lawsuits. If you say nothing, you can’t be accused of slander …

‘Youth movement’ comment not enough to sink dealership’s case

10/01/2007

Tom Ahl Buick prevailed in an age discrimination suit despite the fact that owner Tom Ahl told the plaintiff his Lima dealership was having a “youth movement.” He later demoted the 40-something plaintiff from his sales manager position and hired a 25-year-old former furniture salesman to take over …

Speedway SuperAmerica prevails on retaliation charges

10/01/2007

Speedway SuperAmerica, the Enon-based convenience store chain, won a recent sexual harassment and retaliation lawsuit by a former cashier in a West Virginia store. The cashier alleged that she endured repeated sexual harassment by a co-worker. Shortly after complaining, she came up $200 short on her cash register. The company did not accuse her of stealing, but fired her …

Be alert to employment law issues related to older employees

10/01/2007

Employment laws give older workers unique protections that younger workers lack. Specifically, the federal Age Discrimination in Employment Act and Ohio’s Fair Employment Practices Act prohibit discrimination because of age against workers 40 and older. However, employers are getting a reprieve of sorts from a new EEOC regulation …