Back in August, I blogged about a case where a federal court held that an employer inquiring about an employee’s retirement plans, alone, does not discriminate on the basis of age. But what about relentlessly browbeating a plaintiff into retiring? Could that be age discrimination? What do you think, Brett?…
Your employees view pornography. Well, some of them do. I know this may be a shock to some. And if you are one of those people, and you run a business in one of the mid-Atlantic states, give me a call. We should talk sometime. Then, I’ll hit you over…
How many claims were filed? And how much money did the U.S. Equal Employment Opportunity Commission recover for individuals? Find out after the jump… * * * According to this November 15, 2011 press release from the EEOC, the number of discrimination claims are skyrocketing: The EEOC received a record…
When Krysten Overly, a financial advisor at a bank, told her male boss that she was resigning, Overly claims that he grabbed Overly’s arm to push her out the door. And as Overly left her boss’s office, he yelled, “Good riddance, bitch!” What a jerk! But, as a matter of…
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”. So, let’s get right to today’s question: If a former employee sues for discrimination, claiming to have been subjected to…
Speak into a microphone and point one finger in the air if your Halloween completely sucked. Politico has reported that the National Restaurant Association paid out a five-figure settlement to two women who accused Herman Cain of making sexually suggestive comments. Details on the allegations and lessons that employers can…
Back in June, the United States Supreme Court ruled here that a class of 1.5 million women could not pursue gender discrimination claims together against Wal-Mart because they lacked a common injury. If, at first, you don’t succeed, file this Complaint in California on behalf of a class of only…
Courts have blessed written agreements between employer and employee to submit federal discrimination claims to arbitration. Here is an example. But, there’s legal and then there’s doing right. After the jump, how one employer got it wrong. Very wrong. Plus, what you can do to make sure that your business…
From the sublime to the ridiculous, the NY Daily News reports here that a 60-year-old musician suing for age discrimination claims that the presiding 88-year-old Manhattan judge is too old to hear the case. According to the NY Daily News story, the plaintiff, who was representing himself before his case…
To prove sexual harassment, a plaintiff must have been subjected to pervasive or severe behavior that would make the plaintiff (and a reasonable person in the plaintiff’s shoes) believe that the working environment are hostile or abusive. Wait, I’m forgetting something. Oh yeah, the complained-of conduct must only be…