The number of Discrimination Charges filed with the EEOC increased to 82,792 in 2007, up from 75,768 the previous year. Race, Gender and Retaliation charges were the most frequently reported charges. The EEOC’s nonsensical reporting style makes it difficult to glean much more information since the report doesn’t account for individuals claiming multiple types of discrimination. Also
Discrimination
Ageism
The subject of “ageism” is a hot topic in the press and among employment commentators. As Baby Boomers grow older so does the percentage of the United State population perceived as old and protected by age discrimination laws.
According to AARP, the percentage of people 65 and older who work has grown…
EEOC Intake Questionnaire is a “Charge” according to the Supreme Court
In Federal Express Corp. v. Holowecki, the United State Supreme Court ruled that the EEOC’s Intake Questionnaire adequately meets the requirements of a “Charge” to trigger an employee’s rights to sue his or her employer in court. The plaintiff submitted to the EEOC an Intake Questionnaire with an affidavit contending that her employer was engaging…
Supreme Court Restricts Evidence of Employer’s Alleged Discrimination against other Employees
The United State Supreme Court issued its decision limiting the role of so called “me too” evidence in discrimination cases. In Sprint/United Management v. Mendelsohn, the Court ruled that an employee does not have an automatic right to introduce testimony by nonparties alleging discrimination at the hands of the company where the alleged discriminatory actions…
Romance in the Workplace: Happy Valentine’s Day
I consulted the on line Encarta Encyclopedia for the origins of Valentine’s Day and found the following description:
The holiday probably derives from the ancient Roman feast of Lupercalis (February 15), also called the Lupercalia. In an annual rite of fertility, eligible young men and women would be paired as couples through a town lottery.
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Employment Practice Liability Insurance: Five Things every HR Generalist should Know.*
Employment Practices Liability Insurance (EPLI) may be a relative bargain in the continued “soft” insurance market and employers should consider adding or increasing insurance coverage to protect against employment claims. EPLI insurance is somewhat quirky and the following are some considerations when evaluating policies:
- Coverage: EPLI policies typically cover claims of wrongful discharge, workplace harassment
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Risk Management in Employee Terminations: Sometimes the How is as Important as the Why.
What motivates a terminated employee to sue his or her employer is a complex issue. In my experience, the manner in which an employee is “fired” is at least as likely to lead to a lawsuit as the “reason” given for his or her termination. Many lawyers spend all their time on justifying the reasons for why…
Employer’s Response to an “Inappropriate Remark” Can Avoid Legal Problems
In my previous post, I explained how a court can seize on one remark by a supervisor to infer a discriminatory motive for an employment decision. I have also commented that even a single remark, if sufficiently sever, can create a hostile work environment for the purposes of a harassment claim. What does this do to…
The Limits of Customer Preference in Hiring and Promotion Decisions and Helping Managers Communicate with Employees
A recent federal court of appeals decision in Simple v. Walgreens Company is a case study on two important points. First, how the pressures of marketing in a competitive retail environment can overtake the limits of discrimination laws. Second, how a supervisor’s communication with an employee can create an issue of discrimination.
Like many retailers, Walgreens tracks demographic…
Ford Motor Company and UAW Settle Class Action Race Discrimination Suit based on Biased Testing Program
Ford Motor Co., along with two related companies and a national union, will pay $1.6 million and provide other remedial relief to a class of nearly 700 African Americans to settle a major race discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged in the litigation that a written test…