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Discrimination / Harassment

Yates Construction settles race case with money–and more

09/24/2010

Stokesdale-based Yates Construction has agreed to pay two black employees $30,000 to settle racial discrimination, harassment and retaliation charges. Rodney McCants and a co-worker claimed they were subject to racial epithets and jokes in the workplace. When McCants complained about the ongoing harassment, Yates Construction fired him.

Don’t suggest delaying EEOC filing near deadline

09/24/2010
Here’s a tip that could save your organization from a protracted legal mess: When an employee says she’s considering filing an EEOC complaint and you know she doesn’t have much more time left, don’t do anything to dissuade her from filing.

Warn supervisors against any statements about race

09/24/2010

When a supervisor makes negative comments about an employee of a particular race or national origin, that can easily be interpreted as discrimination. And such statements can be enough to propel a lawsuit past the initial stages. Even if the case is later dismissed, a derogatory statement may cost tens of thousands of dollars in legal fees and lost time.

Boss’s past misbehavior doesn’t automatically make employer liable for future misdeeds

09/24/2010
Under North Carolina state law, employers can be held liable for wrongs committed by employees under some limited circumstances. But what if the employer simply knows the supervisor discriminated against a pregnant employee in the past? Does that mean that anytime a subordinate is pregnant, her employer can be liable because it should have known the supervisor would discriminate against another pregnant employee?

Worker quits in a huff and sues? Court: Employers need chance to fix problem

09/24/2010

Courts are starting to toss out lawsuits brought by employees who quit at the first sign of trouble without at least trying to work out a solution. Judges aren’t as willing as they were in the past to accept quitting as just another form of termination. Instead, they seem to be telling employees they need to give their employers a chance to fix problems before resorting to litigation.

Depression no excuse for missed EEO deadlines

09/24/2010

Federal government employees have tight deadlines for initiating discrimination complaints. In most cases, they must do so within 45 days of the alleged discriminatory act. Miss the deadline, and the case ends. But there are exceptions. For example, if an employee is severely incapacitated, she may be exempted from contacting an agency’s EEO office within 45 days. However, as a recent case shows, mere suffering from depression and anxiety isn’t enough to extend the deadline.

Don’t assume temps are independent contractors

09/24/2010
Some temporary agencies and employee-leasing firms sell their clients on the idea that temp workers won’t be employees of the client. Instead, they will be either independent contractors or employees of the temp agency. Those claims may not hold up in court, because North Carolina has strict tests for who is an employee and who isn’t.

Doylestown bans discrimination on basis of sexual orientation

09/24/2010
The Doylestown Borough Council has unanimously passed an ordinance banning discrimination in employment, housing and public accommodations based on sexual orientation. The law protects lesbian, gay, bisexual and transsexual people from discrimination.

Judge approves disability bias class action against SSA

09/24/2010

An EEOC administrative law judge in Philadelphia has agreed to allow a group of disabled workers to bring a class-action discrimination lawsuit against their employer, the Social Security Administration. The suit alleges the SSA has created a glass ceiling for employees with certain targeted disabilities.

Duquesne Law revisits the lawsuit that wouldn’t die

09/24/2010
Some employee lawsuits just won’t go away. Duquesne Law School in Pittsburgh is still embroiled in litigation it thought had ended three years ago—because a savvy employee has added new claims to an old sex discrimination and sexual harassment lawsuit.