A jury awarded $1.15 million in emotional distress damages. The trial court reduced the award to $375,000.00. The Third Circuit found this reduced amount to be well above most emotional distress awards, but well documented and not shocking.
A gay waiter was awarded $20 million in a case under NYC Law. The trial court allowed plaintiff’s attorney to refer to one of the individual defendants, a German national, as a Nazi. The award was vacated because of inflammatory language that incited the jury.
Despite perfect attendance and positive evaluations in her first two months, Baxter adheres to its policy of firing probationary employees who miss more than three days of work. The Court dismisses the complaint because the Pregnancy Discrimination Act does not require “leave that is more generous than that granted to non-pregnant employees.”
A police officer claimed that a no pin policy violated Title VII and his First Amendment Right to wear a cross on his uniform. The Fifth Circuit disagreed and said the police department could ban pins.
“Although it might not seem fair to Plaintiff that she should be penalized for being in bed with her boss, the Court will not sit as a super-personnel department, reviewing the wisdom of each of Defendant’s business decisions.”
Business Editors
“The Delegation indicated that it hopes to learn more about employment and labor law in the US by visiting IET’s website, EEONews.com, and continuing the dialogue with us via email,” said Lipman. “IET plans to use e-seminars to conduct further employment law training between New York and Beijing,” said Ali, IET’s Director of Business Development.
A collective bargaining agreement that clearly provides for Title VII claims to be arbitrated precludes a private suit. Even if the alleged Title VII victim has no right to grieve or arbitrate, and the union fails to pursue the matter, the union employee is not entitled to her day in court.
A jury awarded emotional distress damages of $140,000. The court capped the award at $10,000. Because the employee had minimal evidence of emotional injuries or mental distress, a higher award would shock the judicial conscience.
A former addict, turned substance abuse counselor was plagued by false rumors of drinking and smoking marijuana at work. Her dissatisfaction with assignments and unpleasant conditions did not render the job “so intolerable as to compel a reasonable person to resign.”
An employee’s perception of his own performance doesn’t prove pretext. In order to challenge a discharge for poor performance, the employee must show that there is no basis for the employer’s stated reason for the discharge.