Ethisphere News and Commentary Blog

Employment Law & Discrimination

Jury Awards Ex-Kelly Employee $6.5 Million for Religious Discrimination

April 7th, 2008

A former Kelly Services employee, Lynn Noyes, was awarded $6.5 million by a Sacramento federal jury on Friday after suing the company for reverse religious discrimination. She argued that a less qualified employee earned the manager position that she was seeking because he was a member of

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UK Employees Now Protected From Customer Sexual Harassment

March 31st, 2008

A new law in the United Kingdom will protect employees from sexual harassment beyond just coworkers and bosses, now extending to “customers, suppliers and others they encounter in the course of their work,” according to a story in the UK’s Guardian. Well, technically the punishment still goes to employers if they are aware of […]

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Starbucks Takes Heat for Tip Sharing Policy

March 13th, 2008

Tipping is an activity so fervently argued and debated in the United States that entire books have been published on tipping etiquette. Those who have worked for tips argue for it, those that haven’t argue against it, and both sides tend to leave the debate unsettled and more angry than when they started. […]

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Labor Department Proposes Changes to FMLA Regulations

February 15th, 2008

On February 11th, the United States Department of Labor announced its proposed changes to the Family and Medical Leave Act (FMLA) - changes that have been in the works for quite some time. For those unfamiliar with the act, it was brought about in 1993 and permits workers to take unpaid leave for serious […]

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Lockheed Martin Agrees to pay $2.5 Million for Racial Discrimination

January 8th, 2008

Last week, the Equal Employment Opportunity Commission (EEOC) announced one of the largest settlements ever in an individual case. It went against (if you can call a settlement “against”) Lockheed Martin, forcing the company to pay $2.5 million for knowingly looking the other way on alleged racial

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Brit Wins First Ever Discrimination Claim for Being “Too Young”

November 15th, 2007

Yesterday, an Employment Tribunal in the UK ruled on the country’s first employment discrimination case involving a worker fired for being too young. The Tribunal sided with 20-year-old Megan Thomas, a former membership secretary at the Eight Members Club in London.  Ms. Thomas complained that her boss

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Judge Rules Against Oklahoma Law Permitting Guns at Work

October 12th, 2007

In a 93-page ruling last week a federal judge threw out an Oklahoma state law forcing companies to allow employees to bring guns to work.

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Law Firm Settles Age Discrimination Suit for $27.5 Million

October 9th, 2007

Chicago’s second biggest law firm paid $27.5 million on Saturday to 32 past and present lawyers in order to settle an age-related discrimination suit.

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Las Vegas Man Awarded $3.7 Million in Age-Related Wrongful Termination Suit

September 28th, 2007

A Las Vegas man was awarded $3.7 million by a federal jury after suing his former employer for wrongful termination. Larry Edward Dillon, 61, of Las Vegas accused West Group of Minnesota, his former employer, of firing him because of his age.
Dillon’s lawyer, Randy Rumph, said the company was getting rid of more experienced, […]

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$150000 Awarded to Man in ‘Reverse Discrimination’ Charges

August 30th, 2007

A white state worker was awarded $150,000 by a federal jury after he claimed to have lost his job due to racial slurs said to him by his black boss. Mark Pasternak, who helped troubled youths for the state Office of Children and Family Services, worked under Tommy E. Baines for three years before […]

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New Study Suggests $64 Billion Fallout from Workplace Discrimination

August 29th, 2007

The Level Playing Field Institute, a San Fransisco-based think-tank, estimated $64 billion as the “hidden cost” of work discrimination in a new research study. The company notes that even though the costs of and reasons for leaving a job are subjective, the figure was calculated by “multiplying the average annual compensation of a US […]

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California Sexual Harassment Law Now Includes Web-Based Training

August 23rd, 2007

Final regulations regarding a California law mandating sexual harassment training for supervisors went into effect Friday, August 17th. California law AB 1825 requires all employers who supervise more than 50 employees to undertake two hours of sexual harassment training once every two years.
When first implemented in 2005, the law was unclear on whether web-based […]

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Peru closes restaurant for excluding ‘dark-skinned’ people…called watershed event

August 22nd, 2007

Cafe del Mar, a popular restaurant near Lima, Peru, was shut down for 60 days for discriminatory entrance rules. The store was also fined $76,000. Although three other clubs in Lima have been fined for similar charges, this is the first example of an establishment being forced to close its doors.
The closing marked […]

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Casual Male wins $1.5 million judgment over non-compete and misappropriation of trade secrets

August 21st, 2007

Casual Male won a $1.5 million settlement against both a former associate and a competitor.
A jury determined that Robert Yarbrough broke his contract with the company after he violated non-competition obligations and leaked company secrets. He was charged with $1.1 million in damages.
Westport Big & Tall, a competitor of Casual Male, was […]

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Amtrak confuses diabetes and drunkeness, creates liability by forcing man off train in middle of wilderness

August 20th, 2007

A 65-year-old St. Louis man on his way to Los Angeles went missing after he was kicked off a train by Amtrak personnel near Williams, Arizona. The man was suffering from a diabetic shock which was confused by the Amtrak employees as drunken behavior. According to police, Roosevelt Sims was asked to leave […]

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Morgan Stanley reaches confidential settlement over discrimination against Black and Latino employees

August 3rd, 2007

Morgan Stanley had agreed to settle a class-action lawsuit over alleged systemic discrimination against 1,200 African-American and Latino employees, according to the plaintiffs’ lawyers in the case.
According to the original compliant filed last year (which can be downloaded here), the firm has discriminated against African Americans and Latinos in the distribution of accounts and other […]

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Nike to pay $7.6 million to settle discrimination suit

July 31st, 2007

According to media reports and court documents, Nike Inc. will pay $7.6 million to settle a class-action suit over alleged discrimination against black employees at its Chicago Niketown store.
Nike was originally sued over this supposed systemic discrimination back in December 2003. The case, which involved approximately 400 current and former black employees […]

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No naked, swearing, smoking avatars please…IBM develops code of conduct for employees’ “online life”

July 29th, 2007

Online virtual worlds like “Second Life” continue to grow at a rapid clip. Commerce, business meetings, and other far racier ‘encounters’ are becoming more commonplace in these virtual worlds.
To help protect its reputation, IBM announced this week that it was establishing a code of conduct to govern its more than 5,000 employees who […]

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Former A&P worker wins suit over being reverse discriminated against due to being white

July 28th, 2007

In a “reverse discrimination” lawsuit, a federal jury has ruled that Great Atlantic & Pacific Tea Co. did indeed discriminate against a white former maintenance manager at its old Landover coffee-roasting plant based on race.
John Sullivan was hired in 1999 and then later demoted and replaced by a black subordinate. He claimed an African […]

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Fido discriminates…is the employer liable?

July 26th, 2007

According to Belgian newspaper De Standaard, a Belgian businessman has blamed his discriminatory hiring practices on his dog, claiming that his dog was racist and would bite non-whites.
The 53-year-old Nigerian man told De Standaard he arrived at the Belgian’s wrought-iron business and was immediately confronted by the barking dog.
The Belgian turned the man away […]

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Would you please make some copies, get me a coffee… oh, and make me a baby too?

July 25th, 2007

Hollywood must just go mining in the halls of California’s government political bureaucracy for some of its ideas. The state’s Unemployment Insurance Appeals Board (*yawn, we can barely stay awake*) is being sued by Claire Connelly, a former secretary who alleges that the board’s Chairwoman insisted she be a surrogate mother for the […]

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New EEOC age discrimination rule becomes effective

July 24th, 2007

As reported in Human Resource Executive Magazine, the new EEOC regulation allowing for discrimination against younger workers became effective this month. The new rule, which was a response to 2004 Supreme Court decision in General Dynamics Land Systems, Inc. vs. Cline, allows employers to specifically tailor benefit plans and job ads to older workers without […]

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Walgreen pays $20 million to settle discrimination claims with EEOC

July 14th, 2007

The EEOC and Walgreen Co. resolved a race-discrimination lawsuit this week with a $20 million proposed consent decree. The suit had alleged widespread bias against African-American workers by assigning them to low-performing Walgreens drugstores and stores in communities with large African-American populations.
The suit, which also claimed African-Americans were denied promotional opportunities based on […]

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Court tosses Oracle’s FLSA settlement as unfair to employees, calls it “bonanza” for company

July 10th, 2007

A U.S. District Judge in California (William Alsup - San Francisco) has rejected a proposed FLSA settlement between Oracle and the plaintiffs. The proposed $9 million settlement was intended to resolve claims that the company had improperly denied overtime pay to workers. The federal judge classified the proposal as an unfair “bonanza” for both Oracle […]

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Another sexual harassment lawsuit for Morgan Stanley

July 9th, 2007

According to media reports, global investment banking and brokerage firm Morgan Stanley is facing yet another lawsuit about inappropriate sexual harassment by employees.
This case is based on accusations of former Morgan Stanley assistant against her boss, a broker in the bank’s Melville, Long Island office. As the NY Daily News reported last week:
 
In a […]

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