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Discrimination / Harassment

Walmart must defend against largest wage-and-hour class action in U.S. history

05/24/2010

Recently, the largest class-action lawsuit in U.S. history was given the go-ahead. Employers nationwide are waiting with bated breath to find out what happens to Walmart. While the exact number of employees who may find themselves part of the lawsuit is still unclear, it could reach well over 1 million women employed or formerly employed at 3,400 Walmart stores across the country.

Remember, same-sex harassment is illegal, too

05/24/2010
Take all claims of sexual harassment seriously, not just the ones involving members of the opposite sex. Don’t ignore same-sex harassment or think that it’s somehow less serious than other harassment.

Orland Park janitorial company faces discrimination charges

05/17/2010
The EEOC has filed suit against RJB Properties Inc., of Orland Park, charging that the company discriminated against Hispanic employees because of their national origin, sexually harassed a male employee, and retaliated against employees who objected to the discrimination against Latino employees.

Bakery settles after allegations of harassment against Mexicans

05/17/2010

Gonnella Bakery has settled with Mexican workers at its plant in Aurora who claimed they were harassed because of their national origin. The workers said one manager often made derogatory comments about Mexican workers and consistently assigned them more difficult duties and work schedules.

State wrongful discharge suit fails without actual firing

05/17/2010

Under many federal employment laws, employees don’t have to be fired to sue for wrongful termination. Instead, they can claim constructive discharge, alleging they had no choice but to quit. But that argument won’t fly for employees who try to sue their Illinois employers for common-law wrongful termination.

Dismissed criminal charge doesn’t require reinstatement

05/17/2010

When an employee is charged with a criminal offense that reflects on his ability to perform his job, many employers suspend or even fire the employee. If he’s acquitted, must he get his job back? Not necessarily.

Don’t believe it: Employee facing discipline can’t quit and then claim constructive discharge

05/17/2010

Some employees quit and then argue that they had no choice but to do so. This is known as “constructive discharge.” Such a claim can succeed in court if the employee can show that working conditions became so intolerable that quitting was the only reasonable response. But an employee can’t quit and claim constructive discharge just because he’s facing potential disciplinary action.

Offhand remarks don’t prove age discrimination

05/17/2010

Employees can’t win age discrimination lawsuits based solely on an offhand remark referring to an employee’s age. That’s because, unlike many other forms of employment discrimination, age discrimination cases require employees to prove that age was the reason for termination or some other negative employment action. Unless there’s more evidence, a mere comment isn’t enough.

Disciplinary mistake? Set it right–pronto!

05/17/2010

We all make mistakes, especially when acting in haste. Unfortunately, a mistake in the employment law world can mean an expensive lawsuit. But courts are inclined to forgive employers that genuinely try to make things right. That’s why employers should fix errors and make sure they remove any potential negative effects of disciplinary actions.

Minnesota’s own ‘equal rights amendment’ moves forward

05/14/2010
The Minnesota Senate will hold hearings on the Constitutional Amendment for Equality (CAFE), a state-level equivalent of the federal Equal Rights Amendment that failed to win ratification in the 1970s and ’80s. In a statement, Democratic-Farmer-Labor Party legislators said the amendment to the Minnesota constitution would protect women’s rights in ways statutes can’t.