EEOC Filings Rise

Posted on January 27, 2012 by Tom Crane

 Filing charges of EEOC complaints has reached an all-time high.  Though just a small increase over 2010, the filings reflect the state of the economy.  Filings generally rise when the economy worsens.  That is due, I believe, to employers taking advantage of the economic "cover" to get rid of employees and more terminations simply cause more complaints.  See MSNBC report.  

The EEOC said it received 99,947 complaints in Fiscal Year 2011.  35% of these complaints were based on race; 29% alleged gender discrimination; and 24% of the complaints were based on age discrimination.  26% of those complaints were based on disability discrimination.  The EEOC says 18% of those complaints received a "merit resolution," which means they achieved some sort of settlement. 

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Novartis Pharmaceuticals Settles Class Action Lawsuit

Posted on July 28, 2010 by Tom Crane

 Novartis Pharmaceuticals settled the class action case against them for $175 million.  See report.  The case was based on gender discrimination.  I discussed this case earlier.  See post here and here.  You will recall this was the case where a jury came back with a verdict for $250 million in punitive damages for some egregious statements made by many managers over the years.  

Apparently, the employer reasoned that the risk of appeal was too great and they should settle their claims.  That is probably a wise move.  Many times, after a high verdict, it is simply better business to pay an agreed upon amount and report the business loss than to risk the results of an appeal. 

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Physical Attractiveness Suggests Gender Based Discrimination

Posted on February 8, 2010 by Tom Crane

 One of my first jobs was waiting on tables.  I envied the female waitresses because they often scored better tips simply because they were attractive.  The women knew that.  They generally accepted that fact and used it.  But, what if the employer told the waitresses, as some do to put on more makeup and look more feminine?  Would that be discrimination?  The argument would be that if stereotyping by gender itself is a form of discrimination.  In one recent case, a female clerk at a hotel was fired because she could not or would not dress up and put on that "Midwestern Girl look."   The clerk needed to look pretty, said her manager.   Was that discrimination based on gender?

The 8th Circuit Court of Appeals thought so and ruled in her favor.  Several circuits have adopted the reasoning that gender stereotyping is discrimination.  The 2-1 decision resulted in one dissent.  The dissenting judge said that hiring or firing based on physical attractiveness  is not discrimination unless it is pretext for putting women at a disadvantage.  One commentator agrees with the majority in this decision.  

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