Posts tagged employment

• Equal Pay Act Violation

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

  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...

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

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

  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? Title VII Prohibits Discrimination Based on National Origin

  Staff Writer | August 26, 2006 9:25 PM | 0 CommentsDenver, CO Category: Workplace Discrimination
  

  Title VII prohibits discrimination based on national origin. It also prohibits discrimination against a person because they associate with persons of a different national origin, whether by marriage or other social relationship, by involvement in organizations identified with a particular national origin, or by having a name associated with a particular group. If you have questions about...

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

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

  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...

• A Pretext for Discriminatory Motivation

  Staff Writer | July 21, 2006 6:29 PM | 0 CommentsDenver, CO Category: Workplace Discrimination
  

  When handling a termination or a disciplinary situation, it is critical that the manager or supervisor remain calm and professional, or the employer may have problems explaining the "business reason" for the employer's action when discriminatory motive is claimed. In Zamora v. Elite Logistics, Inc., decided June 5,2006, the 10th Circuit looked to the supervisor's responses, which were rude and...

• Do You Know? Age Discrimination Is Prohibited

  Staff Writer | August 27, 2006 9:28 PM | 0 CommentsDenver, CO Category: Workplace Discrimination
  

  The Age Discrimination in Employment Act, also know as ADEA, and the Colorado Anti-Discrimination Act prohibit discrimination against any person who is more than 40 years of age. Federal case law provides that when one employee is replaced by a younger person, who is also more than 40 years of age, a claim for age discrimination may still be made. If you have questions about age...

• Idaho mine accident causes man to lose arm

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

  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 Category: Workplace Discrimination
  

  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 Category: Workplace Discrimination
  

  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...

• Case of Pay Discrimination

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

  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...