Workplace Discrimination

• Idaho mine accident causes man to lose arm

  Staff Writer | January 31, 2007 10:39 PM | 0 CommentsDenver, CO

  Monday morning worksite accident at a phosphate mine in southeast Idaho caused a man to lose his harm, according to a report from the Associated Press.The victim of the accident is currently in a Salt Lake City hospital intensive care unit as physicians attempt to save his leg. The accident is being investigated by the Mine Safety Health Administration. The Smoky Canyon Mine excavates more than...

• Do You Know? The Use of Polygraphs for Employees

  Staff Writer | October 12, 2006 8:36 PM | 0 CommentsDenver, CO

  Employers are often tempted to ask an employee to take a lie detector test if the employer believes that an employee has stolen the employer's property. However, the Employee Polygraph Protection Act, a federal law found at 29 U.S.C. § 2001-2009, restricts an employer's use of polygraphs, and provides remedies for a violation of the restrictions regarding the use of lie detector tests.

• Employer's Discriminatory Intent

  Staff Writer | August 31, 2006 1:54 PM | 0 CommentsDenver, CO

  If an employer is accused of discriminating in violation of Title VII, a powerful source of adverse testimony can come from ex-employees. The 10th Circuit Court of Appeals has long held that "the testimony of other employees about their treatment by the defendant is relevant to the issue of the employer's discriminatory intent." Spulak v. K Mart Corp., 894 F.2d 1150, 1156 (10th Cir. 1990); see...

• Equal Pay Act Violation

  Staff Writer | August 31, 2006 9:51 AM | 0 CommentsDenver, CO

  An employer accused of an Equal Pay Act violation may be held liable, without a showing of intent. If an employer pays persons of different sex differently and is alleged to have done so on the basis of sex, the employer must prove one of the following: 1) a seniority system; (2) a merit system; (3) a pay system based on quantity or quality of output; (4) a disparity based on any factor other...

• Case of Pay Discrimination

  Staff Writer | August 30, 2006 1:48 PM | 0 CommentsDenver, CO

  In Mickelson v. New York Life Insurance Co., the 10th Circuit Court of Appeals held in favor of an employee who claimed that she had been discriminated against with respect to pay. The Court noted that there are two ways a plaintiff can proceed on a claim of salary discrimination: on a theory of intentional discrimination on the basis of sex in violation of Title VII, or on a theory of wage...

• Subjective Hiring or Promotion Criteria

  Staff Writer | August 30, 2006 11:40 AM | 0 CommentsDenver, CO

  An employer can use objective criteria or subjective criteria to determine whom to employ or promote or terminate. An employee's failure to meet the objective criteria generally terminates claims of discrimination and can result in summary dismissal of the plaintiff's claims. However, the failure to meet subjective criteria is generally not fatal to the plaintiff's claims. In such a case, the...

• Arbitration as a Solution

  Staff Writer | August 29, 2006 4:13 PM | 0 CommentsDenver, CO

  In Hollern v. Wachovia Sec., Inc., No. 05-1253, 05-1300 (10th Cir. August 17, 2006), the 10th Circuit reversed a district court's order setting aside an award of attorney fees entered in an arbitration. The Court held that the arbitrators did not act wrongfully in making this award. Arbitration has taken the place of traditional trials, and it can provide swift relief or it can create...

• Age Discrimination Decision against Wal-Mart/Sam's Club

  Staff Writer | August 29, 2006 11:38 AM | 0 CommentsDenver, CO

  In a recent decision from the 10th Circuit, the Court ruled against Wal-Mart/Sam's Club, and affirmed a jury's verdict finding that the Company had engaged in age discrimination by failing to promote. The Age Discrimination in Employment Act, known as ADEA, makes it unlawful for an employer to "discriminate against any individual with respect to his compensation, terms, conditions, or...

• Do You KNow? Colorado Law and Non-Compete Agreements

  Staff Writer | August 28, 2006 9:35 PM | 0 CommentsDenver, CO

  Colorado law provides that a non-compete agreement is considered void (of no effect) unless it falls within one of four statutory criteria. This is because Colorado deems the employee's right to work as being the most important interest, unless the employer demonstrates that a restrictive covenant is both necessary and no broader than necessary. A non-compete agreement that falls within one of...

• Do You Know? Discrimination Based on Religion is Forbidden

  Staff Writer | August 28, 2006 9:30 PM | 0 CommentsDenver, CO

  Title VII expressly forbids discrimination based on religion. The term "religion" can include a belief system, religious observance or religious practice. It can also include moral beliefs that have the weight of a traditional religious view. Generally, employers must make reasonable accommodation for the religious beliefs of their employees, unless it would cause undue hardship on the...