Total Articles: 12
Settlement Highlights Importance of Considering State Law in Assessing Employment Practices
Last week, in Meeks v. Allen Memorial Hospital, a state court in Iowa approved a $2 million settlement in a race discrimination class action against an Iowa hospital. This case is yet another reminder that health care employers must consider both federal and state laws when assessing their employment practices.
Settling a Discrimination or Harassment Lawsuit
GOP presidential contender Herman Cain has been in the news for more than his political platform recently. Instead of addressing issues like job creation, Cain has been facing tough questions about on-the-job harassment. Specifically, Cain is having to deal with charges of unlawful harassment leveled against him when he was the head of the National Restaurant Association in the 1990s.
EEOC Strikes Again: SUPERVALU Pays to Settle "100% Healthy or Else" Case
As we wrote in July 2010, the U.S. Equal Employment Opportunity Commission (EEOC) is cracking down on inflexible leave of absence policies that: (1) call for automatic termination when an employee cannot return to work upon expiration of the employer’s “maximum” medical leave period; or (2) require employees to be cleared to return to work with no restrictions before returning to work. Many employers believed these policies were nondiscriminatory because they applied neutrally to all employees on medical leave. The EEOC disagrees and is aggressively taking the position that these policies violate the Americans with Disabilities Act (ADA) requirement that requests for medical leave (including extended leave) and accommodation to return to work be assessed individually on a case-by-case basis.
MMA Body Slam
Although the newspaper article calls it a wrongful termination claim, the facts emphasized in the article were that Thomas was not paid the commissions she was promised
Dealing a $2 Million Dollar Verdict in the California Wine Country.
Sexual comments and jokes, including a Levitra pen that apparently grows in length, followed by a complaint with no follow up and then a termination were what a Sonoma County jury apparently believed was the hand Shannen De La Cruz , a minimum wage card dealer, had been dealt. $2 million harrassment verdict against Petaluma card room.
The Note From the Jury That You Didn't Want.
At least if you are on the defense side: Novartis Jury Asks About 'Range' of Damages . The note comes in a sex discrimination case brought by twelve named plaintiffs againt Novartis.
Company Pays Judgment for Sexual Harassment of Teenaged Employees.
The EEOC announced on May 5, 2010 that Ohio-based Everdry Marketing and Management, Inc., has paid over $500,000 in damages in interest to satisfy a judgment against that company stemming from a 2006 jury trial. The original claims were filed by 13 women, mostly teenagers at the time of the incidents, who worked at the companys Rochester, N.Y., location as telemarketers.
Company pays judgment for sexual harassment of teenaged employees.
The EEOC announced on May 5, 2010 that Ohio-based Everdry Marketing and Management, Inc., has paid over $500,000 in damages in interest to satisfy a judgment against that company stemming from a 2006 jury trial. The original claims were filed by 13 women, mostly teenagers at the time of the incidents, who worked at the companys Rochester, N.Y., location as telemarketers.
Automotive Supplier Pays Heavy Price In EEOC Settlement.
A recent settlement of a complaint alleging sexual harassment, disability, and retaliation brought against an automobile supplier illustrates the potential liability for employers who even arguably violate the law. An automotive supplier agreed to pay $388,500 to a former female employee, and an additional $40,000 to two other plaintiffs to settle these charges.
Albertsons Pays $8.9 Million to Settle EEOC Harassment and Retaliation Lawsuits.
The EEOC announced last week that large grocery store chain Albertsons has agreed to pay $8.9 million to settle three lawsuits in which the EEOC alleged that it had engaged in race, color and national origin discrimination, and retaliation, at a distribution center in Aurora, Colorado.
Recent Employment-Discrimination Jury Verdicts.
Below are summaries of three recent employment-discrimination cases involving multi-million-dollar awards for the plaintiff-employee. Dont shoot the messenger.
Recent Ruling Addresses Enforceability Of Settlement Agreements (pdf).
A thorny problem in settling employment
cases often arises when an employee
has a change of heart after accepting
a settlement offer and either refuses
to sign a written agreement or attempts
to set aside the agreement by
claiming that it was a mistake, was
based on bad advice from his or her
counsel, or was never authorized. A
recent federal appellate court decision
demonstrates that the employee has a
very heavy burden of proof in such situations,
and employers usually will be
able to hold the employee to the agreement.
