Discrimination Retaliation

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
News & Analysis as of

EEOC Roundup: November 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Bright Petroleum, Inc. Shareholders/Officers to Pay $15,000 to Settle EEOC Retaliation Suit

Food Market Terminated Manager Who Filed Discrimination Charge, Federal Agency Charged - INDIANAPOLIS - Two shareholders/officers of the dissolved corporation Bright Petroleum Inc. d/b/a The Bright Market, will pay...more

Christmas Won’t Be Merry For These Employers!

Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas! ...more

New Year, New Laws for Employment Lawyers

AB 1660 prohibits employers from discriminating against applicants and employees without valid California driver’s licenses. See Govt C §12926, Veh C §§1653.5, 12800.7, 12801.9. Under current law, the DMV has to issue a...more

New California Employment Laws for 2015 and Beyond

It is that time of year again, California. As the days grow shorter and the nights grow semi-colder (it is still California after all), a flurry of activity begins as employers revisit their policies and handbooks to assess...more

Justrite Manufacturing Company to Pay $418,000

TO SETTLE EEOC CLASS INVESTIGATION EEOC Found Employer Discriminated and Retaliated Against Disabled Employees - CHICAGO - Justrite Manufacturing Company, a Mattoon, Ill.-based manufacturer of storage, handling and...more

$185 million punitive damages for pregnancy discrimination: what led to the largest single-plaintiff employment award?

Rosario Juarez worked at AutoZone but now can buy 1 percent of its total market capitalization. Juarez began as a retail salesperson in San Diego in 2000. She was promoted to Parts Sales Manager but was unsuccessful in...more

The $185 Million – Yes – $185,000,000 Single Employee Discrimination Case

On November 17, a federal jury returned a verdict against AutoZone in favor of a single plaintiff for the insane amount of $185,000,000.00 in punitive damages. The plaintiff alleged gender and pregnancy-related harassment,...more

Quirky Question #245, Last chance agreements

We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on...more

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

Fenwick Employment Brief - October 2014

New Laws Affecting California Employers - The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide...more

Fourth Circuit Says Courts Retain Jurisdiction Over Retaliation Claim Linked to Untimely EEOC Discrimination Charge

In order to sue for employment discrimination under Title VII, plaintiffs must first file a charge of discrimination with the Equal Employment Opportunity Commission within a certain time period after the last alleged...more

Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir....more

Court Affirms Three-Part Title IX Test Applies to High Schools

In a recent decision, Ollier v. Sweetwater Union High School District, the Ninth Circuit Court of Appeals upheld a trial court finding that a public school district intentionally discriminated and retaliated against female...more

Federal Court Notes Flaws in EEOC Stance on Severance Agreements

In a closely watched case, a federal district court questioned the stance of the U.S. Equal Employment Opportunity Commission (EEOC) that a severance agreement and general release of claims offered to employees can violate...more

EEOC Sues Resource Employment Solutions for Race and National Origin Discrimination

Staffing Agency Placed Hispanic Workers in Preference to African-American Employees, Then Retaliated Against an Employee Who Complained of Discrimination - OXFORD, Miss. - Resource Employment Solutions, LLC, a...more

Brookdale Senior Living Communities Sued by EEOC for Disability Discrimination and Retaliation

Employer Refused to Accommodate and Fired Former Health & Wellness Director, Federal Agency Says - DENVER - Brookdale Senior Living Communities, Inc., a Delaware corporation based in Brentwood, Tenn., violated the...more

A Hiring Supervisor’s Subjective Judgment That the Selected Employee Would “Fit in Better” Could Create an Inference of...

A recent Second Circuit case highlights the potential perils of basing employment decisions upon subjective judgments which are susceptible to multiple interpretations. In Abrams v. Department of Public Safety, the court...more

EEOC Charges Strategic Legal Solutions with Age Discrimination and Retaliation

Company Rescinds Job Offer After Learning Attorney's Age And Bans Her for Complaining About Ageism, Federal Agency Says - NEW YORK - Strategic Legal Solutions, a national legal staffing and legal project management...more

Izza Bending Tube & Wire Resolves EEOC Retaliation Lawsuit

Employee Was Demoted and Then Fired When She Refused to Discriminate Against African-American Employee, Federal Agency Charged - MINNEAPOLIS - A Buffalo, Minn., metal services company will pay $45,000 under a...more

New Mandates For California Businesses

Next summer California employers will have to provide paid sick leave to most employees under a bill (A.B. 1522) signed last week by Democratic Governor Jerry Brown. The new law makes California the second state in the...more

Practical Tips for Dealing with an EEOC Charge

The first step for most disgruntled employees who believe they have been discriminated against is to file a Charge of Discrimination with the EEOC, which is a prerequisite for filing a lawsuit under several discrimination...more

EEOC Sues Taprite Fassco for Sex and Disability Discrimination and Retaliation

Quality Control Inspector Punished After Reporting Unequal Wages and Denied an Accommodation for Her Disability, Federal Agency Charged - SAN ANTONIO, Texas -Taprite Fassco Manufacturing, Inc., a San Antonio-based...more

How Should an Employer Respond to an Employee’s False EEOC Charge?

Some employers have the urge to immediately terminate an employee who has made an unfounded discrimination complaint. In other situations, an employer may gather more information but decide not to discipline. ...more

Judge Approves $2.4 Million EEOC Settlement with Four Hawaii Farms for over 500 Thai Farmworkers

Laborers Kept in Debt Bondage, Housed in Unsanitary Facilities, Threatened, and Denied Adequate Food and Water, Federal Agency Charged - LOS ANGELES - U.S. District Judge Leslie E. Kobayashi in Hawaii has approved...more

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