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Discrimination / Harassment

Courts won’t second-guess honest business decisions

11/09/2011
Courts hesitate to second-guess an employer’s decision to cut staff for economic reasons. Generally, employees have to challenge such decisions head on, with direct evidence of discrimination. That’s hard to do.

Employee sues for bias? Check lawsuit claims against original EEOC complaint

11/09/2011

A court has clarified that the EEOC isn’t required or expected to look beyond what an employee states in his agency complaint when investigating it. That means that if an employee fills out the form herself and doesn’t provide enough information to trigger suspicions that discrimination has occurred, chances are the matter won’t go further.

When can you fire worker who filed complaint?

11/09/2011

Employees often mistakenly believe that if they complain to HR about discrimination or harassment, they somehow become untouchable. They assume that anything negative that happens shortly after must be retaliation. That’s simply not the case. If the employee breaks a rule, he’s not immune from the usual and customary punishment.

Alliant faces race discrimination charge

11/09/2011
The EEOC has filed racial discrimination charges against Eden Prairie-based Alliant Techsystems after the aerospace company withdrew a black woman’s job offer and then gave the position to a white man.

Prepare to go to trial even if employee represents herself

11/09/2011

Courts often have little patience for disorganized, incomprehensible lawsuits. Those cases are often filed by pro se litigants, who act as their own lawyers in court. Their rambling legal documents often make for difficult trials, so judges have frequently decided to toss them out. But now the 8th Circuit Court of Appeals has told lower courts to rethink that approach.

Small employers: Always check to see if you’re too small to be sued under Title VII

11/09/2011
Note to small employers interested in avoiding unnecessary hassles—and lawsuits: If you receive an EEOC or local employment discrimination agency complaint, don’t assume or admit that you have enough employees to be covered by the law.

Employee suing for bias? Double-check whether he’s filed EEOC or MHRA complaint

11/09/2011
Here’s a tip that can save you time and money: When you receive a notice that an employee, applicant or former employee has filed a Title VII discrimination lawsuit in federal court, always double-check whether the employee has already filed an EEOC complaint or a Minnesota Human Rights Act (MHRA) complaint (with the box for joint EEOC filing checked).

State agencies slapped with age discrimination suits

11/09/2011
Three state agencies—the Minne­sota departments of Commerce, Pub­lic Safety and Natural Resources—face nearly identical EEOC lawsuits claiming they discriminated against workers based on their age.

Sudden discipline after exemplary record? Don’t rule out supervisor prejudice

11/07/2011

Employees with excellent performance records often head straight to HR the first time they face disciplinary action. And you’re right to worry enough to take a careful look at whether the proposed discipline is warranted. It’s possible that a boss’s prejudice may have motivated the discipline.

Never let fired employee unfairly blame bias; be prepared to prove performance deficiencies

11/07/2011
Employees who have lost their jobs have very little to lose and everything to gain by suing their former employers. Your best defense when firing: Al­­ways carefully document a performance-related reason for the termination. That will trump all but the most egregious cases of supervisory expressions of bigotry.