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Discrimination / Harassment

Don’t give up just because EEOC rules against you

01/11/2010

All is not lost if the EEOC rules against an employer during a lawsuit’s initial stages. Judges can refuse to let a jury hear what the agency concluded. Lesson: Don’t let an adverse EEOC decision persuade you to settle.

Allstate hands over $4.5 million to settle age bias claims

01/11/2010

Northbrook-based Allstate Insurance has agreed to pay $4.5 million to 90 former agents who alleged the company’s move to turn employee agents into independent contractors disparately impacted older agents and violated the ADEA.

Aaron Rents settles harassment case, but still faces civil suit

01/11/2010

East St. Louis-based Aaron Rents has settled a sexual harassment case brought by the EEOC on behalf of Ashley Alford, an employee at the company’s Fairview Heights store. Alford started working at the store in her late teens. Almost immediately, her manager began requesting sex from her. She complained to the manager’s boss and even called the company hotline, but the company took no action.

Twist on bias headed for Supreme Court? Cat’s paw theory claws back

01/11/2010

After taking a back seat to other employment issues on the U.S. Supreme Court’s agenda, the “cat’s paw” theory of liability may well be coming back into the spotlight, and employers better be ready. Whether or not Staub v. Proctor Hospital reaches the Supreme Court, the case should be a wake-up call: Cat’s paw cases are out there and they can lead to protracted, costly litigation.

Complaint policy ignored? You face punitive damages

01/08/2010

Warning! If you have a robust discrimination policy, but don’t follow it, you may face punitive damages under the New Jersey Law Against Discrimination. That law authorizes courts to punish employers financially for conduct that is “especially egregious.”

When discipline differs, be ready to explain why

01/08/2010

Employees often sue for discrimination when they suffer harsher discipline than co-workers did. You can counter those bias claims by having clear records that show how you decided on the specific discipline each employee received. Explain why the punishments were different.

Set job application rules, apply them equally

01/07/2010

Employers are free to create reasonable rules for submitting job applications and make potential employees follow those rules. As long as your rules aren’t enforced in a way that favors one group of applicants over others, courts will let you reject an applicant for failing to follow those rules.

Workplace strife? Transfer is fair solution

01/07/2010

When people have a history of conflict, it makes sense to ensure they don’t have to interact with one another. How you go about separating them may mean the difference between staying out of court or losing a costly successful retaliation or discrimination lawsuit.

Sometimes, you have to trust a jury to make the right decision

01/07/2010

Most employers have severe cases of “juryphobia.” They assume that a jury will automatically side with an employee and award hundreds of thousands of dollars to right an alleged wrong. If you and your attorneys are convinced you didn’t do anything wrong, it may be best to trust a jury to hear the case and come to the same conclusion. That’s what one employer recently did.

Retaliation case doesn’t have to rely on specific bias claim

01/07/2010

Employers can’t retaliate against employees for engaging in so-called protected activities. But figuring out what is protected can be hard. Your best bet: Assume any complaint is protected.