Employment class actions have been dealt a blow by the recent decision in Dukes v. Wal-Mart. You can look at the decision here. The decision, as I understand it, finds a lack of "commonality" among the female plaintiffs because there is no one company policy that caused their discrimination. The "policy" the plaintiffs were
Discrimination
Guard and Reserve Suffer Quietly in the Two Wars
“Joe” serves in the US Army Reserve and works as a paramedic in is civilian life. Due to his Army service, his paramedic training has suffered. He now faces termination or resignation. He is no different than thousands of the Reservists and Guardsmen who try to juggle a civilian job with his Army service.
Continue Reading Guard and Reserve Suffer Quietly in the Two Wars
$95 Million Verdict in Sex Harassment Case
A federal district court jury in St. Louis found in favor of a woman claiming sexual harassment. They then awarded her $95 million, an unheard of amount in a single plaintiff case. The unlucky defendant was aaron’s Inc. formerly known as Aaron’s Rent-to-Own. See St. Louis Today report.
The amount includes $15 million…
Administrator Who Sent Bawdy Emails Quits
The female administrator who sent some bawdy emals has resigned. Donna Laird, the former radiography director for St. Phillip’s College quit after an investigation into her sexist, racist and raunchy emails. See San Antonio Express News report. I previously discussed her emails and the EEOC complaint by Warren Parker here. Mr. Parker was…
Less than 15 (or 20) Employees Can = Freedom to Discriminate
Title VII of the Civil Rights act of 1964 prohibits discrimination based on sex, color, religion, and national (ethnic) origin. Other statutes prohibit discrimination based on age and disability. For Title VII to apply to your company, you must have 15 or more employees. For the Age Discrimination in Employment Act to apply…
Recent Ruling on ADA Amendments Act
An Eastern District of Texas recently addressed the effect of the ADA amendments Act. In Norton v. Assisted Living Concepts, Inc., an employee suffered from cancer. He returned to work and was fired within a month of his return. The cancer was in remission. Under the old Americans with Disabilities Act, he would have to…
St. Phillips College Administrator Investigated for Racy Emails
You would think people would know better, by now. St. Phillip’s College, a junior college, part of the Alamo Community College District system, is investigating an administrator at St. Phillip’s for sending hundreds of bawdy emails. See San Antonio Express News report. Warren Parker, an instructor at St. Phillip’s, filed a complaint with the EEOC…
JAN Helps with Accommodations
Job Accommodation Network, a government (DOL) sponsored website, is an excellent place to start assessing what accommodations an employee may need to perform his/her job. The website breaks down the possible accommodations by each particular diagnosis. It provides a separate web page for employers to review what their requirements may be regarding certain diagnoses.
EEOC Files Suit Against Construction Firm
The EEOC has filed suit against an oil rig construction company doing business in Texas and Mississippi. The EEOC filed suit against Signal International LLC in Gulfport, Mississippi on behalf of indian workers recruited for US work on an H-2B visa. The workers were recruited to come here
to work as welders and pipefitters in…
Texas Bar Assoc. Fires Lawyer Soon After Disclosing Illness
A former employee has sued the State Bar of Texas alleging discrimination based on his disability. The former employee was a lawyer for some 15 years with the State bar. He claims he suffered no problems at work until he disclosed that he suffered from Tarsal Tunnel Syndrome, the foot equivalent of Carpal Tunnel Syndrome…