EEO News: Employment and Labor Law Case Headlines A Service of Interactive Employment Training, Inc.

Employment Law Case Headlines

 Recent EEO News
 
A BAD SUPERVISOR MAKES THE COMPANY GUILTY
The Second Circuit held that the behavior of a Vice President may be imputed to the company itself since the "harasser is the employer's proxy or alter ego." The same case found that an HR officer was not protected from retaliation for conducting an investigation about sexual harassment. (Townsend v. Benjamin Enterprises 2d Cir.)
Read more Sexual Harassment articles
 
NURSING HOME PATIENTS DEMAND WHITE-ONLY HEALTH-CARE PROVIDERS
A Nursing Home can not accede to the racial biases of its residents since doing so creates a hostile work environment. (Chaney v. Plainfield Healthcare Ctr. 2d Cir.)
Read more Race Discrimination articles
 
MIDWESTERN GIRL LOOK
Employers may not fire a worker who does not match their stereotype of how a woman should look when working at a hotel’s front desk. (Lewis v. Heartland Inns of Am., 8th Cir.)
Read more Sex Discrimination articles
 
ALCOHOLISM NO EXCUSE FOR POOR ATTENDANCE
A boiler operator at a power plant who violated his employer’s no show/no call policy could not rely on his disability as an excuse. (VandenBroek v PSEG Power CT LLC, 2d Cir)
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COMPLAINING TO THE HARASSER MAY NOT BE ENOUGH
The Second Circuit finds that it may be unreasonable for a harassment victim not to take advantage of the employer’s preventive measures by complaining to other managers. (Gorzynski v JetBlue Airways, 2d Cir.)
Read more Sexual Harassment articles
 
DISCRIMINATORY HARASSMENT PREVENTION TRAINING
HRTrain’s harassment prevention course won Human Resource Executive’s Top 10 Training Award.
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SEXUAL HARASSMENT CLAIM DISMISSED
 
A server at a hotel restaurant filed a complaint for sexual harassment, among other things, after she was fired. Her complaint was dismissed because the hotel had an effective sexual-harassment reporting policy and the plaintiff unreasonably failed to take advantage of the hotel’s corrective policy. (Balding-Margolis v. Cleveland Arcade, 6th Cir.)
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DIVERSITY: THE VALUE OF MUTUAL RESPECT
Valuable employees are often lost because of personality or interpersonal conflicts. Course developed to encourage employees to think about their own personality style, provide guidelines and action words to open doors. Contains unique interactive tool to help employees deal with co-workers who "drive them crazy."
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DISPARATE IMPACT
It is discriminatory to throw out the results of a test because not enough Black test takers passed the test. (Ricci v. DeStefano)
Read more Race Discrimination articles
 
GENDER BASED DISCRIMINATORY HARASSMENT DOES NOT HAVE TO BE SEXUAL
The Ninth Circuit finds that "offensive conduct that is not facially sex-specific nonetheless may violate Title VII if there is sufficient circumstantial evidence of qualitative and quantitative differences in the harassment suffered by female and male employees." (EEOC v. National Educ. Ass'n Alaska)
Read more Sexual Harassment articles
 
"ME TOO" EVIDENCE MAY BE HEARD
Should a jury hear whether the same type of discrimination happened to another worker? This “me too” testimony may be heard when appropriate. The US Supreme Court decided that there should be no brightline test. (Sprint/United Management v. Mendelsohn)
Read more ADEA articles
 
REVERSE GENDER DISCRIMINATION CASE DISMISSED
A male university lecturer sued after not being selected to interview for a new position. The case was dismissed because he "needs more than his own convictions" to prove reverse gender discrimination. He needs "evidence that there is something 'fishy' about the facts at hand." (Gore v. Indiana Univ., 7th Cir.)
Read more Sex Discrimination articles
 
SECRET CIA AGENT'S TITLE VII CLAIMS DISMISSED
In order to attempt to prove discrimination with respect to a promotion, an African American CIA operations officer would have to disclose highly classified secrets. The state secrets doctrine was used to dismiss the case. The Court recognized the possibility of unfair consequences for individuals in order to protect the greater public good. (Sterling v. Tenet 4th Cir..)
Read more Race Discrimination articles
 
E-DISCOVERY/METADATA
In discovery of an age discrimination layoff case, plaintiff is entitled to spreadsheets which include metadata. Metadata describes how, when and by who data was collected, created, accessed and modified. (Williams v. Sprint/United Mgmt. Co., D. Kan.)
 
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EEO News provides employment law case headlines on EEO cases it believes are significant. EEO News is not a substitute for legal research or an employment lawyer. EEOnews.com does not provide legal advice. To learn more about employment laws, please contact an employment lawyer to answer your EEO legal questions.

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