Blog
Employment Discrimination
Blogs in this heading will deal with all types of employment discrimination cases.
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...
Remember to call Melville Johnson, P.C. for your employment discrimination issues.
Topics
Employment Discrimination
Erisa Retirement Benefits
Federal Civil and Criminal Appeals
Pension Rights
The International Employment Effects of SOX
Trust, Will, and Probate Litigation
Whistleblower
Recent Updates
July 02, 2008
Employee Able to Prove Age Discrimination, Despite Being Placed on a Performance Plan.
June 30, 2008
US Supreme Court Upholds Retaliation Claims Stemming from Racial or Age Discrimination Complaints.
June 25, 2008
Supreme Court to Decide Burden of Proof for Age Discrimination Claims.
June 23, 2008
Employee Who Lacks the Symptoms of Disabling Condition Is Not Recovered from Condition.
June 20, 2008
Female Coach Permitted To Pursue Discrimination Suit
