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Discrimination / Harassment

Was N.Y. union staffer fired for trying to organize a union?

09/01/2010

Until recently, Jim Callaghan was a writer for the United Federation of Teachers (UFT), the union that represents New York City teachers and that has made its name by actively opposing city officials’ power to fire teachers without due process. Now Callaghan is claiming UFT employees have no such protection themselves. He says he was fired after he began looking into unionizing UFT editorial employees.

Novartis settles class-action sex bias suit–for $175 million

09/01/2010

Novartis Pharmaceuticals has agreed to settle a class-action lawsuit filed by female sales reps just two months after a federal jury awarded the plaintiffs $250 million in punitive damages. Novartis challenged that verdict, and the court had scheduled a hearing for November. Under the settlement, Novartis will pay $152.5 million in return for dropping its appeal.

It’s a buyer’s market: Hire the best candidates over those who meet minimum requirements

09/01/2010
Many employers are discovering they have many—perhaps dozens—of well-qualified applicants for each opening. That may leave some perfectly qualified applicants wondering why they weren’t picked. Don’t fret about selecting the applicant with the best résumé. While you may be sued by another applicant who believes some form of discrimination must have been at work in the selection process, that lawsuit won’t go far.

Promoting employees from rank-and-file to boss? Make sure their training includes retaliation

09/01/2010

Sometimes a newly minted supervisor takes the opportunity to settle old scores with former co-workers. That can create liability for the employer. That’s why—before the promotion goes into effect—you must train the candidates on sensitive issues such as harassment and retaliation.

Check the context: Are those words harassment?

09/01/2010

Some words are inherently racist, offensive or discriminatory regardless of the context in which they are spoken. When such words fly in the workplace, courts will almost always conclude the environment was hostile. Other words, however, require a close look at the context in which they were used. One such term: “bitch.” If used in a context that clearly is aimed at putting down women, the term creates a sexually hostile work environment.

Bias complaint, then discipline? Watch out!

09/01/2010

Some employers try to avoid the impression of retaliation by making sure that whoever makes disciplinary decisions doesn’t know about any discrimination complaints. That way, they can argue that if the decision-maker wasn’t privy to the complaint, he couldn’t be retaliating. It isn’t quite that simple.

Polio pioneer sues Jefferson hospital over ouster

09/01/2010
Hilary Koprowski, the Polish-born developer of the precursor to Albert Sabin’s oral polio vaccine, has sued Philadelphia’s Thomas Jefferson University Hospital after it shut down his research lab. The hospital claims Koprowski’s lab doesn’t bring in enough grant money to fund its operation.

Is biggest-ever wage bias case headed to Supreme Court?

08/31/2010
The Supreme Court may rule on the pay discrimination lawsuit everyone is watching. Walmart has asked the High Court to overturn a 9th Circuit Court of Appeals ruling in April that allowed a class-action suit alleging widespread discrimination against women to proceed. At stake: $1 billion or more.

EEOC sues Safelite Glass for sexual harassment

08/27/2010
Safelite Glass’ windshield replacement operation in Enfield faces charges it failed to stop an HR manager from sexually harassing a female employee.

Santa hat leads to lawsuit against Raleigh Belk store

08/27/2010
A Jehovah’s Witness was fired from her job at a Belk department store in Raleigh after she refused to wear a Santa hat while wrapping Christmas gifts. She told her supervisors that wearing the Santa hat would violate her religious beliefs. The EEOC asserts Belk violated Title VII of the Civil Rights Act by refusing to accommodate her religious beliefs.