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Discrimination / Harassment

ABM settles harassment charges for $5.8 million

10/07/2010

Century-old, New York City-based building maintenance giant ABM has reached an agreement with the EEOC to settle sexual harassment charges stemming from its operations in California’s Central Valley. The alleged harassment included unwanted touching, men exposing themselves to female employees and rape.

When personalities clash, document reason for conflict

10/07/2010
You can’t just shrug off co-worker conflicts. Instead, carefully document the problem just in case an employee sues. You’ll be able to show that personality, not discrimination, is the reason for an employee’s problems.

N.Y. court refuses to apply Ledbetter Act to pay disparities because of missed promotions

10/07/2010

When Congress passed the Lilly Ledbetter Fair Pay Act, it sought to guarantee women who had been denied equal pay in the past fresh opportunities to challenge their lower pay with each paycheck issued. Now a woman alleging sexual harassment and retaliation has tried to use that act to revive old claims relating to promotions. Her bid to expand the law in court failed.

Bloomberg, court lock horns over firefighter hiring

10/07/2010
A Brooklyn court has extended an injunction preventing New York City from hiring new firefighters because existing hiring tests discriminate against minorities. The court proposed five alternative hiring plans that would bypass continued use of tests, but Mayor Michael Bloomberg claims all five require the city to use illegal quotas.

Pay cut? Beware constructive discharge claim

10/07/2010

Can an employee you never fired sue you for a discriminatory termination? Oddly enough, yes. Under some circumstances, an employee can quit and claim she was “constructively discharged.” To do so, she has to show conditions at work were intolerable. And now a federal court has concluded that cutting someone’s pay can be an intolerable condition.

Supremes start work: 3 employment law cases on High Court docket this year

10/05/2010
The Supreme Court term that began yesterday will decide three important employment law cases. Here’s our round-up of upcoming High Court arguments that could affect background checks, discipline and firings and the tricky issue of determining the employment eligibility of foreign-born workers.

Can we be liable for religious bias if we require a job applicant to cut his hair?

10/04/2010
Q. Our company requires male employees to keep their hair short. However, a recent applicant has stated that his religion doesn’t allow him to cut his hair. Will requiring him to cut his hair to get the job violate federal law?

EEOC throws book at Houston firm for alleged ADA violation

10/04/2010
The EEOC is suing ENGlobal Engineering, based in Houston, for disability discrimination after the company fired a worker with multiple sclerosis. The EEOC suit alleges violations of the ADA, and seeks almost every possible kind of compensation: back pay, interest, lost wages, front pay, out-of-pocket expenses, court costs, punitive damages and damages for emotional pain and suffering, inconvenience and mental anguish.

Jailhouse sex, alleged pay-back lead to lawsuit in Caldwell

10/04/2010

A former Caldwell County corrections officer has filed a discrimination and whistle-blower lawsuit claiming that she lost her job after telling a supervisor she had seen two co-workers having sex in the county jail. Her lawsuit claims her subsequent demotion and termination were in retaliation for her report.

Irony: Houston Buick dealer faces age bias suit

10/04/2010

A Houston car dealer specializing in selling Buicks—traditionally the General Motors’ brand aimed at older car buyers—is facing an age discrimination and retaliation suit. Mark Theodoridis, Gay Buick GMC’s fleet and credit union manager for 11 years, alleges that he was constantly harassed and discriminated against on the basis of his age.