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Discrimination / Harassment

DOL building pay database to spot discrimination

09/02/2011
The DOL has requested public comment on its proposed pay-and-benefit database for federal contractors. The database would show what pay and benefits federal contractors offered to employees with an eye toward spotting potential pay disparities that may discriminate against women and minority employees.

Beware Sec. 1981 lawsuits, which target race bias

09/02/2011

After the end of the Civil War, Con­­gress enacted Section 1981, outlawing bias based on race in contracts. But “race” is a general term that also includes clas­­sifications based on qualities like being identified as Ger­­man, Russian or Arab.

When racially charged symbols appear, remove them ASAP and punish culprits

09/02/2011
Here’s an incentive to keep ra­­cially hostile symbols out of the workplace: In a case that resulted in no other damages, five black em­­ployees received $50,000 each for spotting a noose at work.

Know how law treats sexual orientation bias

09/02/2011
Discrimination against a man or a woman based on whether the employee conforms to stereotypes about appropriate behavior for each sex is sex discrimination. However, outright discrimination against employees based on sexual orientation isn’t covered under Title VII.

Former TSU hoops coach wins $730,000 for sex bias

09/02/2011
Former Texas Southern University women’s basketball coach Surina Dixon has won $730,000 in a sex discrimination and retaliation lawsuit she filed after being fired in 2008, shortly after she was hired.

Remove bias suspicion: Make firing a group decision

09/02/2011

Employers that use a team to carry out termination decisions may have an advantage. Case in point: George Dulin, who is white, lost his job of two decades as an attorney for a hospital. When a black attorney replaced him, he sued for race discrimination.

Employee won discrimination case? Understand bias laws’ cap on punitive damages

09/02/2011

Employees who win discrimination cases are sometimes entitled to punitive damages if their employer’s actions were egregious. But those damages are capped based on the employer’s size. Now the 5th Circuit Court of Appeals has clarified that the cap applies to all claims brought by the same party, even if she wins on several claims.

Brief tenure, quick settlement with El Paso Starbucks

09/02/2011
Elsa Sallard, a dwarf who worked as a barista at an El Paso Starbucks, has settled her lawsuit against the company for $75,000. Sallard claimed Starbucks fired her after just three days on the job when she asked to stand on a stool behind the counter.

Don’t fear old, properly resolved complaint

09/02/2011

When faced with discipline and the possibility of getting fired, some employees try to revive old complaints that have long since been resolved. They hope that resurrecting an old complaint will make their employer think twice about terminating. But employers are entitled to get work done. Don’t let a ploy like this prevent legitimate and necessary discipline.

Beware double damages when sued under EPA

09/02/2011
Here’s something to consider when reviewing your pay and compensation packages: Employers that lose an Equal Pay Act claim may end up paying double damages.