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Employment Law

Déjà vu: Fresh act of discrimination may revive old complaints

05/06/2008
Generally, employees have to file discrimination lawsuits soon after an adverse employment decision or act of harassment. But sometimes employees can go far back in time if they can tie a recent event to past events. If that happens, a jury may get to hear a litany of complaints, each adding weight to the other …

HR decision doesn’t have to be perfect—Just honest

05/06/2008
Sometimes, even the best HR professionals may feel paralyzed when faced with a major employee discipline decision, such as whether an employee should be fired. They hedge and keep asking supervisors questions, or keep an investigation open to get more information. If this sounds like your HR office when dealing with a discrimination complaint, relax …

Log ADA requests and start interactive accommodations process right away

05/06/2008
The ADA requires an employer that has reason to believe an employee wants an accommodation to begin an interactive accommodations process. Ignoring an accommodation request is dangerous. Instead, set up a process that logs all requests and puts the matter on the fast track to resolution …

Stay out of court by giving copies of arbitration agreements to employees

05/06/2008
If you aren’t careful, arbitration agreements can leave your company paying more, not less. That can happen when employees file a federal lawsuit regardless of an agreement requiring arbitration. Then the court has to decide whether the arbitration agreement is valid …

Sometimes an apology is all it takes

05/06/2008
Jack Burghardt, an administrative support assistant in the Denver Clerk and Recorder’s Office, said he meant no offense when he asked two Hispanic co-workers how much it costs their “people to get across the border these days.” His boss felt the comment had racial overtones and suspended Burghardt for four days …

McDonald’s pays half a million for harassing teens

05/06/2008
McDonald’s will pay more than $505,000 to four former workers who won a lawsuit in which they charged the manager of a Durango store with harassment. A lawyer for two of the victims said the girls did not pursue criminal charges because they feared they would be revictimized in the process …

EEOC sues Albertson’s for retaliation

05/06/2008
The EEOC has filed a second lawsuit against Albertson’s, the Idaho-based grocery store chain, for retaliating against workers in its Aurora distribution center. The first lawsuit, filed in 2006, claimed the center harbored a racially hostile environment against blacks and Hispanics …

Black Denver deputies allege discrimination in sheriff’s dept.

05/06/2008
A group of black sheriff’s deputies is suing Denver and the Denver Sheriff Department, claiming the agency harbors a “culture of racism.” The lawsuit claims black employees are punished more harshly than whites for similar behavior …

DOL files back-Wage suit against Aggregate Industries

05/06/2008
The U.S. Department of Labor has filed a lawsuit seeking more than $1 million in back wages for 302 Denver-area employees of Aggregate Industries in Golden. The lawsuit claims the company paid truck drivers on a per-load basis without regard to the number of hours they worked, resulting in unpaid overtime …

Serial harasser moved … and brought harassment with him

05/06/2008
Dillard’s, the Arkansas-based department store chain, has agreed to pay $500,000 to settle an EEOC lawsuit on behalf of 12 female former employees who were sexually harassed by an assistant store manager in two states …