Blog

Employment Discrimination

Blogs in this heading will deal with all types of employment discrimination cases.

Employee Able to Prove Age Discrimination, Despite Being Placed on a Performance Plan.
Posted by: Melville Johnson, P.C.
July 02, 2008

A jury in United States District Court in New Jersey has awarded a Plaintiff $743,000 in damages for compensatory damages and his attorneys fees in his employment discrimination lawsuit. Mr. Nicholas Saffos attorney's argued that his termination from his position with Avaya Incorporated was part of a purge of older workers headed by an incoming manger, which violated the Age Employment Discrimination Act. The Plaintiff's attorney further alleged that Mr. Saffos was terminated a replaced by a younger employee.

Avaya's counsel had argued...

US Supreme Court Upholds Retaliation Claims Stemming from Racial or Age Discrimination Complaints.
Posted by: Melville Johnson, P.C.
June 30, 2008

The U.S. Supreme Court has ruled that workers, who claim that they faced retaliation for complaining about racial or age discrimination, may bring a suit in federal court. In two separate decisions, CBOCS West v. Humphries and Gomez-Perez v. Potter, the court ruled that the past decisions mandated that the same federal laws that protect workers from discrimination, naturally protect workers from retaliation for filing complaints of discrimination.

The first case...

Supreme Court to Decide Burden of Proof for Age Discrimination Claims.
Posted by: Melville Johnson, P.C.
June 25, 2008

The Age Discrimination in Employment Act ("ADEA") prevents employers from discriminating on the basis of age. However, employers can adopt policies that disadvantage older workers without violating the ADEA so long as the policies are based on "reasonable factors other than age."

The United States Supreme Court recently heard arguments regarding whether an employee bringing suit must prove reasonable factors do not exist or whether the employer being sued must prove that the reasonable factors do exist. The Supreme Court has taken up this question because, while the party who bears the burden of proof has a dramatic impact on a case, statutes seldom specify who bears that burden. The Supreme Court has previously developed a framework for making this determination in racial discrimination and sex discrimination, but not in the age discrimination context.

The case heard by the Supreme Court...

Female Coach Permitted To Pursue Discrimination Suit
Posted by: Melville Johnson, P.C.
June 20, 2008

Ms. Debbie Peirick became the head women's tennis coach at Indiana University - Purdue University Indianapolis (IUPUI) in 1990. It was undisputed that she excelled in most areas. Her players performed well academically, she never received an NCAA rule violations, she budgeted and fundraised effectively, and her team had just completed the best season in school history. Nevertheless, she was replaced by the 23-year old sister of the men's tennis team coach.

Ms. Peirick filed a lawsuit alleging...

Unequal Treatment in Competing for Employment Is Sufficient Standing for Title VII Claim.
Posted by: Melville Johnson, P.C.
June 17, 2008

consent decree was entered in a lawsuit brought by City of Syracuse officials to prohibit the State of New York and Onondaga County from administering a civil service examination, which the City contended disproportionately disqualified African American and female candidates for fire fighter positions. To meet the goal of making the fire department representative of the broader community, the consent decree allowed the Onondaga County Personnel Dept. (OCPD) to provide the department with two lists of candidates for open positions - a general list of all eligible candidates, and a special list of just eligible African American candidates.

Mr. David Vivenzio, Mr. Scott Wilkinson and Mr. John A. Finocchio, Jr., white males, were placed on the general eligible list. In 2004, and 2005, Mr. Vivenzio, Mr. Wilkinson and Mr. Finocchio were passed over for lower scoring candidates who were given preference, as a result of the lists created under the consent decree. Based on their failure to be selected, they filed a lawsuit claiming...

Questions About Disability Status at Interview Does Not Constitutes Grounds for ADA Claim.
Posted by: Melville Johnson, P.C.
June 16, 2008

Ms. Jourdean Lorah sued Tetra Tech, Inc. ("Tetra"), alleging employment discrimination under Title VII, the Americans with Disabilities Act ("ADA"), and the Age Discrimination in Employment Act ("ADEA"). Ms. Lorah's work relationship with Tetra began as a temporary staffer under an employment agreement she signed with Synerfac Technical Staffing ("Synerfac"). While at Tetra, Ms. Lorah claimed that she was not given the training she was promised, was demoted, was moved from her work station, and was harassed.

Ms. Lorah first complained...

6th Circuit Holds Title VII Retaliation Protection Extends to Friends/Family.
Posted by: Melville Johnson, P.C.
June 11, 2008

Mr. Eric Thompson, a metallurgical engineer, was employed by North American Stainless. In 2000, Mr. Thompson met his wife, Ms. Miriam Regalado, when she was hired by North American Stainless. When the two employees were engaged to be married, in 2002, their supervisors allegedly discriminated against Ms. Regalado. Mr. Thompson filed a claim of discrimination on Ms. Regalado behalf, alleging gender discrimination. Just over three weeks later, Mr. Thompson was terminated, which prompted Mr. Thompson to file his own charge of discrimination for retaliation.

Mr. Thompson eventual filed a lawsuit in district court...

Severance Agreement Can Not Make Employees Drop Pending Claim.
Posted by: Melville Johnson, P.C.
June 09, 2008

A federal judge has determined that SunTrust Banks, Inc. can not force workers to choose between dropping a pending wage-and-hour suit in exchange for severance pay in a severance agreement. SunTrust is planning to layoff technical service writers, who are responsible for repairing and maintaining the bank's computers. The workers...

Guardsman?s USERRA Complaint with Office of Special Counsel Yields Win.
Posted by: Melville Johnson, P.C.
June 06, 2008

Air National Guardsman Robert Traut recently settled his case, requesting relief under the Uniformed Services Employment and Reemployment Rights Act (USERRA), through the U.S. Office of Special Counsel (OSC) due to his federal employer's failure to re-hire him. Mr. Traut received full back pay and had his benefits restored for the seven years since he lost his job while on active military duty.

Mr. Traut had filed a complaint...

Religious Harassment Claim Allowed to Proceed to Trial.
Posted by: Melville Johnson, P.C.
June 02, 2008

Clinton Ingram, a Muslim, was hired by Sunbelt Rentals in October of 2001, a month after the September 11 attacks. Mr. Ingram claimed the entire term of his employment was marked by constant demeaning comments and degrading actions by his co-workers, with no response by management. Mr. Ingram observed his faith by engaging in short prayer sessions throughout the day, with Sunbelt's permission. He also attended a prayer service on Friday afternoons and wore a beard and a traditional headdress. He complained that his coworkers called him names like "Taliban" and "towel head," challenged his allegiance to the United States, and made comments associating both Mr. Ingram and Muslims in general with terrorism.

Mr. Ingram alleged...

Union Pacific Employee?s Hostile Work Environment Suit Can Include Acts Outside Statutory Period.
Posted by: Melville Johnson, P.C.
May 23, 2008

Mr. Ranee Tademy worked for Union Pacific as a foreman. He subsequently alleged that beginning in 1995 he was subjected to verbal and written harassment including racist messages written on his locker, numerous instances of racist graffiti, and being called "boy" by a fellow supervisor. According to Mr. Tademy, he complained but either the complaints were not investigated by Union Pacific, or, when employees were disciplined, the discipline was rescinded. Mr. Tademy eventually complained to the Utah Antidiscrimination & Labor Division, and received a right-to-sue letter in 2002. He then met with his unit superintendent and said he did not wish to sue, but simply wanted to work without harassment.

In 2003, Mr. Tademy was randomly drug-tested during three consecutive weeks...

Age Bias Suit Nets Attorneys Fee Award
Posted by: Melville Johnson, P.C.
May 16, 2008

In September, 2005, a jury awarded a Plaintiff, Mr. Gunnar Steward, $92,985 in back pay and $148,000 in front pay for a claim of age discrimination against Sears Roebuck & Company. The verdict was overturned in June, 2006, by the District Court Judge, who determined that Mr. Steward had failed to show that he was replaced by "sufficiently younger" employees. The judge's ruling was later reversed by the United States Court of Appeals for the Third Circuit.

11th Circuit Sends Sexual Harassment Claim for Offensive Radio Program at Work to Jury
Posted by: Melville Johnson, P.C.
May 15, 2008

The United States Court of Appeals for the Eleven Circuit overruled a district court decision to dismiss an Alabama Plaintiff's sexual harassment lawsuit on grounds that offensive language and behavior was not aimed directly at the Plaintiff. The Plaintiff, who worked at the C.H. Robinson Worldwide Inc. Birmingham, Alabama office, complained that she was subjected to sexually offensive language that permeated the work environment on a daily basis. The Plaintiff, who was the only female employee in her work area...

District Court holds UPS liable in ADA Discrimination Lawsuit
Posted by: Melville Johnson, P.C.
May 09, 2008

Paul Warren had worked as a UPS package delivery driver for three years when he was diagnosed with epilepsy. Following this diagnosis, he opted to temporarily stop working at UPS. A year later, Mr. Warren was cleared to work a non-driving position at UPS and he was eventually given a non-driving position with a limited amount of overtime. The pay of the non-driving position represented a $300 decrease from the weekly pay he enjoyed as a driver. Later that same year, Mr. Warren was medically cleared by a UPS physician to work as a package car driver. However, Mr. Warren was not eligible for a Department of Transportation ("DOT") commercial driver's license ("DOT card"), because he had been diagnosed with epilepsy and was taking seizure medication. Although federal law required a DOT card only for drivers of vehicles weighing 10,001 pounds or more, UPS policy required all of its drivers to have DOT cards.

Supervisor Creates Hostile Work Environment for Leering at Subordinate.
Posted by: Melville Johnson, PC
April 25, 2008

The United States Court of Appeals for the First Circuit has concluded that a District Court Judge erred when he dismissed a plaintiff's lawsuit, since she had raised serious claims, in that her supervisor created a hostile work environment by staring at the breasts of several employees and after she complained to the Board of Selectmen, the supervisor had retaliated against her by transferring her to another job.

2nd Circuit allows Discrimination Claim for Interracial Marriage
Posted by: Melville Johnson, P.C.
April 22, 2008

The Court of Appeals for the Second Circuit held that Title VII of the Civil Rights Act of 1964 may be violated where a white man is fired for associating with a person of another race. In Holcomb v. Iona College, Mr. Holcomb brought a Title VII claim alleging that he was subjected to an adverse action simply because his employer disapproves of his interracial marriage.

Class Action Settlement for Sexual Harassment
Posted by: Melville Johnson
April 21, 2008

A class action lawsuit was settled with Dillard's department stores for $500,000.00 and substantial remedial relief on behalf of twelve former employees, who were sexually harassed by an assistant store manager in two states.

Employee Fired for Complaining About Sexual Harassment
Posted by: Melville Johnson, P.C.
April 18, 2008

Plaintiff, Ms. Shelley Bell started working as a records technician for Adelberg Associates Medical Group (AAMG), in November, 2000. Throughout Ms. Bell's tenure, AAMG alleged that Ms. Bell's supervisor repeatedly counseled her about her inefficiency and inappropriate behavior towards other employees. Additionally, AAMG alleged that Ms. Bell engaged in an on-going "spat" with a co-worker, Ms. Miki Patenio.

Ms. Bell, who openly discussed having undergone breast augmentation in the office, complained to AAMG that Ms. Patenio grabbed and jiggled her breasts, on two occasions. These complaints by Ms. Bell were made as sexual harassment complaints. The attorneys at Melville Johnson, P.C. have significant experience representing employees who allege that they have been subjected to sexual harassment.

City pays $500,000 to employee forced to resign
Posted by: Melville Johnson, P.C.
April 11, 2008

The Plaintiff, Carmen Lizama Gaspa, was a former Procurement Director, who abruptly left in 2005 in the wake of an ethics commission investigation. Ms. Gaspa filed a lawsuit in 2005, in which she claimed that she was forced to retire after the City Manager, David Brown, ignored her requests to enter into the deferred retirement option plan.

Gay Rights at the Department of Justice
Posted by: Melville Johnson, P.C.
April 11, 2008

After five years of being subjected to unfair discrimination, DOJ Pride, a gay advocacy group, was finally permitted to utilize email, bulletin boards and meeting rooms at the Justice Department. Attorney General Michael B. Mukasey issued a revised equal-employment-opportunity policy that now prohibits discrimination against any group.

Remember to call Melville Johnson, P.C. for your employment discrimination issues.

Blog

Employment Discrimination

Topics

Recent Updates

Archives

Web Resources