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Discrimination / Harassment

Vague or nonexistent harassment policy? In same-sex cases, prepare to pay

10/31/2013
Judges don’t have much patience with employers that don’t understand their obligations to prevent or stop sexual harassment, including same-sex harassment.

Kroger to pay $450,000 for disability bias in Plano

10/31/2013
A federal jury has awarded $450,000 to a mentally disabled former Kroger grocery store employee in Plano whose manager constantly insulted him. The EEOC filed a disability discrimination lawsuit on the employee’s behalf in 2012.

When bias claims fly, beware lenient courts

10/31/2013
Here’s an important factor to consider when terminating an employee who has recently complained about alleged discrimination of some sort: If she can show at least a tenuous connection between her complaint (like its timing) and her discharge, she will probably be able to proceed with her lawsuit.

Lawsuit after translator at chicken farm gets the ax

10/30/2013

The EEOC has taken up the case of a man who worked as a translator for Haitian workers at a Lumber Bridge chicken farm. The man allegedly complained that Haitian workers at Mountaire Farms were treated more harshly than other employees. He claims that he made one complaint too many and was fired for it.

Settlement helps asthmatic nursing assistant breathe easier

10/30/2013
Camden Place Health and Rehab in Greensboro has settled a disability discrimination claim with a former employee for $51,000. The certified nursing assistant had been fired after she refused to supervise patients during their outdoor smoking breaks.

Draft severance agreements to prevent future lawsuits

10/30/2013
Have a lawyer draft any release that accompanies a severance payment. If the employee sues and the release was carefully written, the court will probably say it bars suing—and may require repaying severance money before the worker can even try challenging the release’s validity.

Annoyed, inconvenienced? That’s not retaliation

10/30/2013
Employees who complain about dis­­crimination can sue if they suffer re­­taliation for complaining. Retaliation is anything that would dissuade a reasonable employee from complaining in the first place. The key is “reasonable.”

Worried about firing the only minority? Just follow your own rules

10/30/2013
Sometimes, irrational fear of litigation keeps employers from acting in their own best interests. For example, they may think discharging the sole minority employee will mean a lawsuit. Don’t let paralysis by analysis slow you down.

Headmaster’s harassment results in criminal conviction

10/30/2013
A Wake County jury has convicted the former headmaster of East Wake Academy in Zebulon of one count of sexual battery and another of assault on a female.

Rocky Mount restaurant can’t skirt religion accommodation

10/30/2013
Two corporations that own a Ken­­tucky Fried Chicken franchise in Rocky Mount face an EEOC lawsuit after they fired a long-term employee for dress code violations.