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Discrimination / Harassment

DOJ settles bias suit against Corpus Christi P.D.

06/03/2013
The DOJ has reached a settlement with the city of Corpus Christi, resolving claims that the city police department’s hiring test violated Title VII. The DOJ charged that from 2005 to 2011, the police depart­­ment used a physical abilities test that unlawfully screened out female applicants for entry-level police officer positions.

Court: Years alone won’t define ‘significantly younger’

06/03/2013
When someone claims age discrimination, he typically has to show that he was replaced by someone “significantly younger.” What that means is unclear—and courts seem in no hurry to come up with a hard-and-fast rule.

Dodge bogus retaliation suits by tracking exact date of every discrimination claim

06/03/2013
Here’s an important reminder for anyone who is authorized to receive internal discrimination complaints: Always mark the exact date of every complaint in case the complaint is used later as the basis for an employee’s retaliation claim.

OK to punish supervisor harasser more harshly than co-worker harasser

06/03/2013
Supervisors can and should be held to a higher standard when it comes to enforcing workplace rules. That includes punishing a supervisor who harasses a subordinate more harshly than a co-worker who harasses a colleague.

With promotions on the line, beware rivalries that could result in sex bias, harassment

06/03/2013
Here’s a twist in discrimination law that you might never consider. If a co-worker rivalry for an open position includes threats by one worker to quit if the other is promoted and the rivalry is based on sex bias, you may face a lawsuit if you accede to the threat. That’s what happened in one recent case that made its way to the 5th Circuit Court of Appeals.

OK to fire everyone, then ask them to reapply

06/03/2013
Sometimes, it becomes apparent that something has to change in a workplace. When that’s the case, firing everyone and having them reapply for their jobs may be a viable approach, if a recent 5th Circuit Court of Appeals decision is any indication.

Ensure younger employees aren’t ageists

06/03/2013
Have you recently hired or promoted younger applicants into management positions? Do they supervise older employees? If so, be sure to include age discrimination warnings in your training sessions. All too often, younger employees may make statements that older workers interpret as biased.

Not wrongful discharge: ‘You can’t fire me, I quit!’

05/31/2013
Good news: A court has cut off one path to a wrongful discharge case in North Carolina. While courts have allowed claims of wrongful discharge in violation of public policy, such lawsuits actually require that the employer fire the employee rather than merely threaten to do so.

Offering settlement or severance? Don’t forget special ADEA rules

05/31/2013
If you plan to offer an employee age 40 or older a severance payment in exchange for promising not to sue, don’t forget to include Age Dis­­crimi­­na­­tion in Employment Act review-and-consult language in the agreement. The ADEA has very specific requirements for allowing the employee to show severance agreements to an attorney before signing.

Will contempt order melt DQ’s resolve not to pay?

05/31/2013
Back in December 2011, the operator of a Dairy Queen restaurant in Winston-Salem’s Hanes Mall agreed to settle an EEOC lawsuit involving a teen worker who claimed she was retaliated against for complaining about sexual harassment. But nothing happened, so a year and a half later, the EEOC decided to up the ante.