Yesterday, the EEOC held a meeting to discuss what it deems a “major national problem”; namely, deliberate discrimination against job seekers based on their race, sex, age, national origin or other prohibited basis. After the jump, I’ll summarize the meeting and offer some tips for employers to help them stay…
Articles Posted in Discrimination and Unlawful Harassment
What Wal-Mart’s High Court win means for employers, large and small
As reported on this blog yesterday, as well as in a gazillion other news outlets — but probably here first firstish — the U.S. Supreme Court has overturned certification of a potential class of 1.5 million current and former female employees seeking relief against Wal-Mart for alleged gender discrimination. After…
BREAKING: Supreme Court reverses Wal-Mart v. Dukes class action
The United States Supreme Court has just overturned a Ninth Circuit decision that would have allowed 1.5 million female employees to pursue a class-action gender discrimination lawsuit against Wal-Mart Stores, Inc. You can read a copy of the Supreme Court’s opinion here. I’ll have more on this decision tomorrow at…
$1,000 fine per day for not posting notice of harassment verdict
There once was an employer in Racine. With a manager whose antics were racy. The court said, “You lose!” Now, tell everyone the news. And if you disobey, it’ll cost you big money. *** Although I feel rhyming “Racine” with “racy” was pure Shakespeare, I’m fairly certain that Edward Lear’s…
What to know about providing disabled employees time off work
The Americans with Disabilities Act (ADA) prohibits discrimination in the workplace against disabled individuals. By law, if an employer knows that an employee or applicant is disabled, it must reasonably accommodate the known disability, if doing so would not impose an “undue hardship” on the operation of the employer’s business.…
Fact or fiction: Federal law recognizes “reverse age discrimination”
Welcome to the inaugural 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, I was recently asked whether a younger employee may have a federal age-discrimination claim against his employer if the company treats a…
Supreme Court limits an employer’s ability to recoup attorney’s fees
In an employment discrimination action asserted under federal law, an employee-plaintiff may recover a reasonable attorney’s fee if the plaintiff prevails. So too may an employer-defendant recover fees if it prevails and the court determines that the plaintiff’s suit is frivolous. But what happens if an employee-plaintiff asserts multiple claims…
“Cat’s Paw” doctrine applies to claims of age bias
Wednesday night was crazazy, yo! I had this dream that was I slaloming down a snowy mountain towards a giant fortress under a hail of gunfire. But the next thing I know, I wake up and I’m falling down this elevator shaft. And, just as I’m about to bite it,…
Court dismisses the age bias claims of a pistol-packin’ old cripple
A 51-year-old auto-parts specialist with lupus, fibromyalgia, diabetes and arthritis, claimed that his 29-year-old co-worker called him an “old cripple” and an “old man,” labeled him “too old to be trained,” and threatened to beat him with a baseball bat. The 51-year-old responded by telling his manager that he would…
Female accountant wins right to legally masturbate at work
Yep. More on this amazing story after the jump. * * * She had a chemical imbalance, folks. David Moye from The Huffington Post has the deets: In a decision that can only be described as touchy, a Brazilian judge has reportedly ruled that a 36-year-old female accountant can legally…