Workplace Discrimination

• Title VII Sex Discrimination Claim v. Performance(2)

  Staff Writer | July 07, 2006 10:58 AM | 0 CommentsDenver, CO

  The Court first explained that in making a reverse discrimination claim, an employee must show that the employer is actually discriminating against the majority - a fairly unusual occurrence. The Court concluded that Argo could not establish reverse discrimination in this case. Instead, Blue Cross showed that it hired many men for the same position and that it had employed Argo in the...

• Title VII Sex Discrimination Claim v. Performance

  Staff Writer | July 06, 2006 10:55 AM | 0 CommentsDenver, CO

  Sometimes, it really is all about performance. Or, in the words of Judge McConnell of the Tenth Circuit, "This case presents an especially weak Title VII sex discrimination claim."The Plaintiff, Griff G. Argo, worked as an Individual Enrollment Specialist ("IES") for the Defendant Blue Cross Blue Shield of Kansas, Inc. ("Blue Cross"). Although he was an effective worker for several years, his...

• Retaliation Claims Under Title VII

  Staff Writer | June 29, 2006 4:45 PM | 0 CommentsDenver, CO

  On June 22, 2006, the United States Supreme Court rendered entered a new, sweeping decision concerning retaliation claims under Title VII, which gives victims of retaliation greater protection than victims of actual discrimination. In Burlington Northern & Santa Fe Railroad v. White, an opinion authored by Justice Breyer, the Supreme Court decided for the first time that an employer may be...

• FedEx Ground Drivers Not Independent Contractors

  Bob Carroll | June 21, 2006 6:58 AM | 0 CommentsTampa Bay, FL

  FedEx Ground does a great job handling packages but not such a great job handling some of its employees. This story from US Newswire is only the tip of the troubles FedEx has brought on itself by trying to be cute with its drivers and their relationship with the company. FedEx Ground Could Be Out Nearly $100 Million from Recent Employment-Related Legal Actions and Tax Assessments(R)ecent cases...

• Florida Whistle Blowers Still Have Rights

  Bob Carroll | June 06, 2006 6:37 AM | 0 CommentsTampa Bay, FL

  A very recent U.S. Supreme Court ruling appears to weaken the rights of some government employees who are fired or experience retaliation for some whistle blowing actions. However, there is still a legal basis to consider legal action when a governmental agency fires or mistreats the good civil servant who puts the spotlight on bad conduct. $250,000 settlement with former utilities worker...

• State Troopers Fire Back With $2M Verdict Against Superiors

  Bob Carroll | June 01, 2006 10:05 AM | 0 CommentsTampa Bay, FL

  A tip of the hat and maybe even a 21 gun salute should go to attorney Thomas S. Neuberger who fought for the rights of three Delaware State Troopers. Employees should be able to speak candidly about unsafe or unhealthy conditions in the workplace. Troopers awarded $2 million in lawsuitState police leaders were accused of retaliationWILMINGTON -- A federal jury awarded nearly $2 million...

• Age, Gender And Disability - Are These Why She Was Fired?

  Bob Carroll | May 20, 2006 5:32 AM | 0 CommentsTampa Bay, FL

  Suzette Witmer of Bartow, Florida, knows the full meaning of three strikes and you are out. She claims her age, her gender and her disability combined to get her fired. U.S. Foodservice Sued in FiringA 58-year-old Bartow woman is suing a multibillion-dollar company that purchased the Lakeland-based Mutual Wholesale Co. five years ago, claiming she was fired because she was an older woman with...

• Not Getting Overtime Wages?

  Bob Carroll | April 25, 2006 8:48 AM | 0 CommentsTampa Bay, FL

  Over at the HR Cafe there is an open letter to the human resources folks who determine who is an exempt versus a non-exempt employee in terms of entitlement to overtime wages.Dear HR Executive:It's been nearly two years since the DOL released broad changes in the overtime regulations, and you'd think people would be confident they're in compliance. But, as the most recent B21 survey of HR execs...

• Sexual Harassment in the Workplace

  Staff Writer | April 19, 2006 9:35 AM | 0 CommentsDenver, CO

  There is an urban myth, that a claim for hostile work environment can encompass any kind of behavior in the workplace, from compliments about one's dress or hair to rude behavior to bosses or co-workers who are always angry or boorish. This is simply not true. Federal and state civil rights laws do not impose a general civility code; simple teasing, offhand comments, and isolated incidents,...

• Computer Sciences Corporation Lawsuit Finalized

  Staff Writer | August 03, 2005 10:34 PM | 0 CommentsTampa Bay, FL

  Last month a U.S. District Court judge finalized a $24 million settlement for overtime claims of over 14,000 current and former employees of Computer Sciences Corporation. The class action lawsuit resolved the claims of all named plaintiffs alleging CSC violated the Fair Labor Standards Act as well as competition laws and wage and hour transgressions. Computer Sciences Corporation denies any...