The Fifth Circuit issued a strained interpretation of events in the recent case of Norbach v. Woodland Village Nursing Center, Inc., No. 13-60378 (5th Cir. 6/18/2015). In Norbach, the employee at a nursing home refused to pray the rosary with a resident. She was asked to do so by a co-worker. She was
Equal Employment Opportunity Commission
Target Reaches Settlement with EEOC Regarding Personality Tests
By Thomas J. Crane on
Posted in Discrimination
Target has reached a settlement with the Equal Employment Opportunity Commission for $2.8 million regarding Target’s use of personality tests in hiring. It no longer uses the tests. But, it formerly used the tests for executive and professional level hiring. Target dropped the tests when the EEOC started its investigation in 2006. The EEOC’s investigation…
Fifth Circuit Finds Equitable Tolling When EEOC Makes Error
By Thomas J. Crane on
Posted in Litigation and trial practice
For those of us who deal with the Equal Employment Opportunity Commission regularly, that can be a lesson in futility. Like too many agencies, they are assigned too many cases and are expected to do too much with too little. So, it is not surprising that the EEOC folks do make their share of errors.…
AA Foundries Settles Appeal
By Thomas J. Crane on
Posted in Litigation and trial practice
The employer who lost its discrimination trial in 2012 has dropped its appeal. A jury in U.S. district court awarded three plaintiffs $200,000 in damages. That amount was later reduced to $140,000 due to statutory caps on damages. See San Antonio Express News report.
The manager was accused of using the "n" word…
Finding a Plaintiff Employment Lawyer is Never Easy
By Thomas J. Crane on
Posted in Litigation and trial practice
Looking for a lawyer is never easy. In the employment law business, many clients call me or other plaintiff employment lawyers at the last minute or close to the last minute. Typically, potential plaintiffs do not start calling lawyers until they receive the "right-to-sue" letter from the Equal Employment Opportunity Commission (EEOC). Most charging parties…