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.
One of Largest Jury Verdicts in Gender Discrimination Class Action Awarded What Lessons Can Be Learned
As has been well-publicized, a jury in New York recently awarded $3.4 million in compensatory damages and $250 million in punitive damages in a gender discrimination class action against Novartis one of the largest gender discrimination verdicts ever1 has provided a chilling example of the inherent risks of defending against a "policy and practice" discrimination class action fueled by anecdotal examples of isolated, inappropriate conduct The litigation is not yet over, as the remaining roughly 5600 women in the class now have the right to seek their own individual compensatory damages through an arbitration process, which could take another year to conclude. The plaintiff's counsel estimated that additional back pay awards could reach $1 billion or more. The judge can also order equitable relief, such as changes in Novartis' policies and procedures. Novartis continues to dispute the verdict and vows to appeal, and it is very possible that the verdict could be reduced through post trial motions or overturned at the appellate level.
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.
