Posts tagged employment

• Employers Discriminate Against Military Reservists

  Staff Writer | August 07, 2006 12:39 PM | 0 CommentsDenver, CO Category: Workplace Discrimination
  

  When reservists working in one of the U.S. military branches are called to serve, the law mandates that the reservist's civilian job be held by his or her employer. The employment law statute says that the reservist "must be put back in the same or similar position with like seniority, status and pay." Some companies, however, still do not comply with the law by firing or demoting employees who...

• Northwest Flight Attendants Threaten Strike

  Staff Writer | August 05, 2006 11:25 PM | 0 CommentsDenver, CO Category: Workplace Discrimination
  

  The AP reports that flight attendants with Northwest will begin unannounced strikes on August 15 at 9:01 p.m. CDT if Northwest does not stop the imposition of a new contract on employees. Questions remain about the legality of such a strike. Airline law and bankruptcy code may be challenged in court as Northwest 2005 bankruptcy allows new contracts to be established. They believe that not only...

• Employee Termination and Discriminatory Intent

  Staff Writer | July 20, 2006 6:28 PM | 0 CommentsDenver, CO Category: Workplace Discrimination
  

  An employer cannot "rubber stamp" the decision of a bigoted manager to terminate an employee, and then claim lack of discriminatory intent when the employee files suit claiming discrimination. In EEOC v. BCI Coca-Cola Bottling Co., decided June 7, 2006, the 10th Circuit recognized that an employer must hear both sides of the story and conduct an independent investigation of the grounds for...

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

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

  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 Category: Workplace Discrimination
  

  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 Category: Workplace Discrimination
  

  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...

• Sexual Harassment in the Workplace

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

  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,...