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Discrimination / Harassment

Completing EEOC intake form starts right-to-sue clock

01/18/2018

Employees or applicants who want to sue an employer for discrimination generally have to file a complaint with the EEOC or the equivalent state administrative agency within 300 days of the alleged discrimination. Otherwise, they lose the right to do so.

Court: Reasonable fear of economic harm is enough to support constructive discharge claim

01/18/2018

Employees can’t quit and claim constructive discharge just because conditions at work became uncomfortable. But what level of discomfort is required?

$550,000 settles decade-old harassment case

01/18/2018

The GEO Group, which operates private prison facilities in the United States and several other countries, agreed to pay more than a half million dollars to alleged victims of sexual harassment. In exchange, the EEOC agreed to end efforts to litigate the charges.

Pay discrimination lawsuit: 25¢ was all it took

01/18/2018
If men and women do the same work, you must pay them equally.

Manhattan Garment District distributor settles pregnancy bias suit

01/09/2018

A clothing distributor in Manhattan’s Garment District has agreed to pay a former employee $50,000 to settle charges it discriminated against her because of her pregnancy.

Courts bend over backwards to assist pro se litigants

01/09/2018

It’s not easy to have a lawsuit dismissed just because an employee tries to represent herself in court. Judges often seek to even the playing field by giving second or even third chances to those pro se litigants so they can get their arguments straight—and maybe even to encourage them to hire a lawyer.

Court: Uncivil is not the same as unlawful

01/09/2018

Judges would just as soon leave workplace management to the professionals paid to manage workplaces. Rest assured, they don’t want to wade into matters of petty incivility unless a case is particularly egregious.

Employee has just a vague hunch about bias? Prevail in court with documented facts

01/09/2018

Document all employment decisions with objective factual information. It’s the best way to win lawsuits filed by employees who believe they have suffered discrimination but can’t provide any specifics to back up their allegations. In court, facts almost always triumph over feelings.

Supervisors must step up when they learn subordinates might have been harassed

01/09/2018

Employers aren’t expected to create perfectly harmonious workplaces. However, they do have an obligation to use their best efforts to intervene when co-workers harass someone on the basis of protected characteristics.

Discrimination suit can’t rely solely on race

01/09/2018

In order to get past the first stage of a discrimination lawsuit, a worker has to present at least a prima facie case showing that something discriminatory may have occurred.