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Discrimination / Harassment

Volunteer fire dept. settles harassment suit for $15,000

09/24/2010

The Clementon Volunteer Fire Department has decided to settle a sexual harassment suit brought by a young woman who has been a volunteer firefighter since childhood. Merrissa Garretson had served with the Camden County department since she was 13, serving first as a youth volunteer and probationary firefighter before being promoted to firefighter at age 18.

Denied benefits, former detective suspects foul play

09/24/2010

MaryAnne Cosimano thought she would receive lifetime health benefits when she retired from the Union Township Police Department. But shortly after retiring after 25 years as a Union Township dispatcher, police officer and detective, Cosimano learned she wasn’t entitled to the health benefits after all. Now Cosimano is suing the township, alleging gender discrimination and retaliation.

You can’t hide behind your vendor! Before relying on tests, be sure they’re valid

09/24/2010

Are you considering using personality or other screening tests to decide which job applicants to hire? If so, make sure you fully understand what you are doing and how those tests work. There are plenty of companies eager to sell you tests and assessments that they say will take some of the work out of the screening processes. But if those tests aren’t valid and end up screening out members of a protected class, you may be buying more than a test.

Would-be bartender pours Applebee’s a shot of trouble

09/24/2010
An Applebee’s restaurant in Fayetteville is facing an EEOC sex discrimination lawsuit after managers allegedly reneged on a promise to promote Amanda Antisdel to a bartending position and then hired a less experienced man instead.

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.