According to a recent study, Spanish speaking plaintiffs received lower awards in civil cases. Spanish speaking plaintiffs needing translators received lower awards. Interest was initially sparked when a Dallas, Texas plaintiff lawyer noticed that his clients needing translators seemed to obtain lower verdicts from the jury. This study apparently supports his initial suspicion.
Discrimination
Workplace Relationships Present Many Risks for the Employer
Many employers completely prohibit relationships between management and subordinates. The military has some complicated rules regulating relationships and it too prohibits relationships between those with very different ranks. But, studies show, nevertheless, that relationships continue in the workplace. The workplace remains a prime source of marriage partners. But, the problems developing in the wake of…
The New ADA Regs Have Been Issued
The new regulations for the Americans with Disabilities Act have been proposed. The EEOC promulgates those regs and seeks public comment before making them final. You can view the new regs at this website. These regs are based on the ADA Amendments Act which was passed last year. Among other changes, they list new…
An Employer Needs to Document Problems
If you have a problem employee, it is important to document those problems. Written counseling serves many purposes. Michael Fox discusses a case in which the employer did not document those problems and lost a claim for discrimination because of that failure. Of course, he assumes the alleged work problems were genuine. Maybe they were…
Requests for Accommodation do not Need a Solution
The Fifth Circuit Court of Appeals issued a good decision on reasonable accommodation recently. EEOC v. Chevron Phillips Chemical Co., LLP. One of the few decisions to plumb the depths of acommodation and how the interactive process should work. The lower court granted summary judgment in favor of the employer. That is…
Female Managers Suffer more Sexual Harassment
You’re a woman in a managerial position. You might think you are more removed from sexual harassment issues than your blue collar counterpart. No, says a recent study. a University of Minnesota Sociologist finds that sexual harassment is 137% more common among female managers than among blue collar women. Ms. McLaughlin concludes that because…
Good Comparative Evidence Helps Show Discrimination
There are several ways to prove discrimination. A very common method is to focus on disparate treatment. Bob commits some offense at work. He is treated differently than Pedro regarding the same offense. If nothing can explain why Bob gets treated differently, then one might conclude that he was treated differently due to his ethnic…
Sexual Harassment More Subtle
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.
Gross is Not Grounded in Reality
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
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…