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Discrimination / Harassment

Honestly believe worker broke rule? Firing OK

07/13/2011
Here’s something to remember when you’re worried about firing someone because you might get sued: Judges don’t want to run HR departments. As long as HR acts honestly and believes the employee should be fired because she broke a company rule, chances are a lawsuit won’t ­succeed.

Tampa travel agencies sued for sexually hostile workplace

07/13/2011
Four Amigos Travel and Top Dog Travel are facing a class-action lawsuit after the EEOC stepped in on behalf of telemarketers who accused the Tampa-based companies of condoning sexual harassment.

When age seems obvious factor, expect lengthy legal process

07/13/2011
Here’s something to consider when terminating an older employee, while leaving younger ones in place: If your organization is sued, don’t expect the case to be tossed early on. Instead, brace for protracted litigation.

Employee feels slighted by promotion process? That’s not enough to win retaliation lawsuit

07/13/2011

Some employees believe that anything the least bit negative that happens to them after they file a lawsuit is grounds for a second lawsuit alleging retaliation. That’s not true. To constitute retaliation, an employer has to do something that would dissuade a reasonable employee from filing a lawsuit in the first place.

Appeals court: No second chance to appeal lower court’s decision on retaliation damages

07/13/2011
An employee who won a discrimination case after he filed an appeal has lost his second appeal. He had claimed it wasn’t enough that a lower court had ordered almost one million dollars in back pay. He said he should have been promoted, too.

Chicago firefighter bias case: $30 million settlement on table

07/13/2011
The controversy over a 1995 Chicago firefighter hiring test may finally be headed toward closure now that a federal appeals court has ruled the city must hire 111 black applicants who passed the test. In addition to hiring the firefighters, the city has offered to pay approximately 6,000 applicants who passed the test a portion of an estimated $30 million.

Transgender restroom flap escalates to lawsuit

07/13/2011
When Meggan Summerville had to go to the restroom one day on her job at a Hobby Lobby store in Aurora, she used the ladies’ room—and was reprimanded for it. The problem, as far as her boss was concerned, is that Summerville was born Mark Summer­ville and is transitioning from male to female.

7th Circuit clamps down on deadbeat serial litigant

07/13/2011
The 7th Circuit Court of Appeals has barred a woman from filing any new civil lawsuits or renewing old ones anywhere in the circuit until she pays fines various courts have already levied.

Employee isn’t completely reliable? OK to consider that when making promotion decisions

07/13/2011

Sometimes, it becomes clear early on that you can’t count on a new employee. He begins missing work or simply isn’t available when you call him in for extra hours. Most supervisors who find themselves in that situation will just call a more reliable employee instead. That’s perfectly fine in most cases.

Can we give paid time off as a bonus to some?

07/11/2011
Q. One of the owners suggested that paid time off for employees should not be a set benefit, but a bonus. Can we just award paid time off as a bonus to some employees and not to others?