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Discrimination / Harassment

Don’t let employees guess about being fired

03/12/2010

Employees and former employees have just 300 days to file their initial EEOC discrimination complaints. But that countdown doesn’t start until the “adverse employment action” they want to challenge has occurred. That means that the moment employees know they have been fired, the clock starts ticking.

Use ‘no-reapplication’ clause to settle discrimination cases once and for all

03/12/2010

Some discrimination cases have a way of resurfacing even after you thought you had settled the matter. That can happen when the litigious employee reapplies for work. If you’re going to settle a case, consider including a clause that guarantees the former employee will never apply again. That might have been prudent in the following case:

Boeing flying low following EEOC harassment settlements

03/12/2010

Chicago-based aerospace giant Boeing has agreed to pay $380,000 to settle two sexual harassment complaints filed by employees at its Mesa, Ariz., plant.

Eagle Wings Industries settles sex harassment case

03/12/2010

Automotive supplier Eagle Wings Industries has agreed to pay a class of female employees $428,500 to settle sexual harassment charges stemming from illegal practices at its Rantoul location near Champaign.

Waiter serves suit implicating female boss; courts are digesting it

03/12/2010

In Turner v. The Saloon Ltd. the U.S. Court of Appeals for the 7th Circuit recently ruled that in a sexual harassment claim based on a hostile work environment, if at least one act of alleged harassment occurred within 180 days of an EEOC filing, courts can consider the entire time period of the hostile environment in determining an employer’s liability.

Face age discrimination claims head on

03/11/2010

Here’s a twist, courtesy of the U.S. Supreme Court’s 2009 Gross v. FBL Financial Services age discrimination decision. The court ruled that employees have to show that “but for” their age, their employer wouldn’t have fired them.

Employee who’s suing filed for bankruptcy? You may have a ‘get out of jail free’ card!

03/11/2010

Employees who are declaring bankruptcy are supposed to let the bankruptcy court know about any lawsuits they’re involved in. If they’ve sued you for discrimination and don’t tell the court, their lawsuits may be dismissed. That’s because bankruptcy courts are supposed to look at all possible assets. A pending lawsuit is one such asset because it could result in a monetary award. Concealing that asset is akin to fraud.

11th Circuit opens door for wide discretion when trial courts set remedies in bias cases

03/11/2010

In a decision that could encourage trial courts to aggressively fix discrimination, the 11th Circuit Court of Appeals has upheld a lower court’s wide-ranging remedy for a proven case of discrimination.

Choose words carefully when challenging unemployment

03/11/2010

When you challenge an unemployment claim, what you say can come back to haunt you.

You can discipline worker whose griping boils over

03/11/2010

Some employees who believe they’ve been mistreated get so angry that they begin airing their grievances to co-workers. That can be a firing offense. Although you can’t ban employees from talking about wages or other conditions of employment, you can prohibit harassing conduct.