Sexual harassment becomes more subtle in today’s climate, reports MSNBC. Instant Messaging, texting now allow more options to pursue an inappropriate relationship in more subtle ways. But, speaking as a lawyer, that might make things easier to prove, if the victim thinks to save the IM’s or text messages.
Discrimination
Gross is Not Grounded in Reality
By Thomas J. Crane on
Posted in Discrimination
The decision in Gross is not grounded in reality. Gross v. FBL Financial Services does not reflect how discrimination and bias actually work. Gross is the US Supreme Court’s recent decision on age discrimination. For various reasons, it will probably also apply to discrimination under the Americans with Disabilities Act, also. Harold Goldner…
The Best Plaintiff is the Reluctant Plaintiff
By Thomas J. Crane on
Posted in Discrimination
I talked a while back about how it can be hard to find a plaintiff lawyer for employment cases. How about those times when the plaintiff employment lawyer does not want your case? Harold Goldner, a plaintiff employment lawyer in Pennsylvania, talks about some cases he (and I) do not want to accept.
A…
Fifth Circuit Finds for Employee
By Thomas J. Crane on
Posted in Discrimination
In a recent decision, the 5th Circuit Court of Appeals found in favor of an employee (plaintiff). EEOC v. Chevron Phillips Chemical Co. LLP. For the 5th Circuit to find for a plaintiff employee is very rare. For example, in a study completed a few years ago, the researchers, found that discrimination case…
Discrimination Does Exist
By Thomas J. Crane on
Posted in Discrimination
Discrimination exists. It happens all the time even now in 2009. When I first started doing discrimination cases in the 1990’s, some folks would tell me they did not believe discrimination still existed. But, as I recall, it was mostly Anglo folks suggesting that.
A few years later in one of my Army Reserve courses…
Its Never Too Early to Start Looking for a Lawyer
By Thomas J. Crane on
Posted in Discrimination, General
Aaron Ramirez in Dallas discusses the issues in finding a plaintiff employment lawyer. Aaron is a plaintiff employment lawyer in Dallas. He adds to what I said previously. He presents some very helpful information. This info is just as true for San Antonio and South Texas as it is for Dallas and North…
Women Bullying
By Thomas J. Crane on
Posted in Discrimination
A recent study indicates that while men tend to be equal opportunity bullies, women tend to bully other women. Bullying may be ineffective, but it still occurs. I have not run into woman on woman bullying in any lawsuits, but it appears to be a fact at some workplaces. If you wish to be heard…
Job Accommodation Network: a Website with Ideas
By Thomas J. Crane on
Posted in Discrimination
Persons with disabilities always need information about possible accommodations. A great website is JAN (Job Accommodation Network) website sponsored by Dept. of Labor’s Office of Disability Employment Policy. There you can look at various accommodations based on the type of disability. There is a separate section for employers and employees.
Of course, the best…
Judge Kent Seeks the Protections He Denied Others
By Thomas J. Crane on
Posted in Discrimination
Judge Sam Kent was denied his request to be certified as having a disability which affected his ability to perform his duties. The 5th Circuit Court of Appeals denied his request. Judge Kent was and still is a United States District Judge. He heard many discrimination cases in his 15 years plus on the…
Written Counseling is an Effective Defense
By Thomas J. Crane on
I talked about how employee handbooks are not a contract. That means an employer does not necessarily have to counsel an employee three times in writing before terminating that employee. But, a question that often comes up is why would an employer want to counsel an employee in writing? The most common reason…