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Discrimination / Harassment

FGCU settles age discrimination case

04/01/2008
Florida Gulf Coast University may pay as much as $650,000 to settle an age and gender discrimination lawsuit with Johnny McGaha, former dean of the college of professional studies. When he was demoted to a professorship in 2005, McGaha, 64, said the move was retaliation …

Golden Corral faces harassment suit

04/01/2008
Four former employees are suing Raleigh, N.C.-based Golden Corral Corp. for sexual harassment they say they endured while working at a restaurant in Port Richie. The plaintiffs claim three male workers, including an associate manager, sexually harassed them repeatedly …

Ensure harassment victim knows you want her to stay

04/01/2008
Employees who believe they are enduring unbearable harassment may feel they have no choice but to resign. If that happens, they may be able to sue their employers for constructive discharge. But employers can mitigate that danger by making sure the employee understands that management wants her to stay on board while the company investigates …

Document timing of employee complaints

04/01/2008
When it comes to retaliation, timing is everything. It’s impossible for an employer to retaliate against an employee for complaining about alleged harassment or discrimination before the employer knows about it. That’s why it’s so important to note for the record the date and the exact time HR or a supervisor got a harassment or discrimination complaint …

Incapacity doesn’t extend time to contact EEO counselor

04/01/2008
Federal employees are required to contact their agency’s Equal Employment Opportunity counsel within 45 days of experiencing alleged discrimination unless circumstances beyond an employee’s control prevent her from contacting the counselor. But it takes more than a blanket “I was depressed” to win an extension …

Making a frivolous complaint is not protected activity

04/01/2008
When employees file frivolous complaints, it doesn’t count as a protected activity. That means an employee can’t set up his employer by filing a nonsensical discrimination claim and then waiting for some perceived punishment or imagined slight to create a retaliation lawsuit. Courts seem to be catching on to that common practice …

Be careful what you promise: You may extend employee’s time to sue

04/01/2008
The Minnesota Human Rights Act (MHRA) protects employees from discrimination, but requires them to file their claims within one year of the discriminatory act. But an employee who believes she has a claim and waits to file may sometimes gain extra time—if the discriminating entity promises to investigate …

The power of PowerPoint, and a gentle letdown

04/01/2008
Salvatore Salerno, a sociology instructor at the Hutchinson campus of Ridgewater College, sued for age discrimination after being passed over for a full-time, tenure-track position …

How much cooperation must we give to a state discrimination investigation?

04/01/2008
Q. I own a small medical device company. We are responding to a frivolous charge of discrimination filed by a former employee. The Minnesota Department of Human Rights has contacted us to conduct interviews of certain employees. Do I have to make these employees available? Can I ask to participate in the employee interviews? — S.G., Bloomington …

Reorganizing? Make sure open positions are available to all

04/01/2008
During a reorganization, lost jobs can mean unhappy former employees looking for reasons to sue. They may suspect the changes were merely a smokescreen to cover illegal discrimination. The best way to prevent a lawsuit is to open up to those who are slated for termination any new positions you may be creating. Encourage all to apply …