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Ross' Employment Law Blog 
By Ross Runkel, Professor of Law Emeritus, arbitrator, and editor at LawMemo.Com - First in Employment Law.
Post Frequency: 4.8/day Last Entry: March 29, 2011 at 20:01:45 Recent Entries: 439
Go to Ross' Employment Law Blog, find other Labor & Employment Law blogs, or browse all law blogs.
$140,000 for racial harassment of black manager
Posted on January 20, 2010The EEOC claimed that that a car dealer allowed a white male management consultant to subject an African American sales manager to a racially hostile work environment over a four-month period. The EEOC said that although two white managers asked the consultant to stop his discriminatory behavior, the consultant continued to make the derogatory comments at every opportunity...
EEOC sues for sexual harassment and retaliation
Posted on January 20, 2010EEOC has sued Monterey Gourmet Foods, claiming that it allowed a supervisor to sexually harass four Latino workers. The EEOC also alleged that the company unlawfully retaliated against each worker by terminating them after they reported the harassment...
Guilty: Conspiring to commit forced labor
Posted on January 20, 2010Two co-owners of Aloun Farm, pleaded guilty on Jan.13, in federal district court in Honolulu, to conspiring to commit forced labor. The defendants acknowledged that they conspired with one another and with others to hold 44 Thai men in forced labor on a farm operated by the defendants...
Does arbitrator decide whether arbitration agreement is unconscionable?
Posted on January 18, 2010The US Supreme Court has agreed to hear another employment arbitration case. The issue is whether it is for the court, or an arbitrator, to decide whether agreement to arbitrate is unconscionable. Jackson sued under 42 USC Section 1981, claiming race discrimination and retaliation...
Is only the "prevailing party" entitled to attorney fees under ERISA?
Posted on January 18, 2010Hardt sued claiming that Reliance Standard violated the Employee Retirement Income Security Act (ERISA) by wrongfully denying her long-term disability benefits. The trial court remanded the matter to Reliance for reconsideration, and Reliance reversed its earlier decision and awarded Hardt full benefits...
EBSA final rule
Posted on January 15, 2010The Employee Benefits Security Administration (EBSA) has issued a final rule providing a safe harbor period to ?provide a higher degree of compliance certainty with respect to when an employer has made timely deposits of participant contributions to employee benefit plans with fewer than 100 participants...
$55,177 awarded to transgender employee
Posted on January 15, 2010An ALJ with the New York Division of Human Rights has awarded $5,177 in back wages plus $50,000 in mental anguish damages to a transgender former employee of the New York State Thruway Authority. The ALJ's order said that the work atmosphere encouraged other employees to engage in making disparaging remarks about her sex and gender identity disorder...
DOL claims $3,000,000 ERISA violation
Posted on January 15, 2010Department of Labor has sued the owners of a bankrupt company, claiming that although $1.26 million in employee health plan contributions were withheld, $3,000,000 in employee medical claims were not paid, in violation of the Employee Retirement Income Security Act (ERISA)...
EEOC sues grape grower
Posted on January 15, 2010EEOC has sued one of the nation's largest growers of table grapes, claiming sexual harassment and retaliation. The suit claims that Giumarra Vineyards Corp subjected a teenage female farm worker to sexual harassment. Another claim is that a class of farm workers came to the aid of the teenage female victim and complained to Giumarra Vineyards, and then one day later the teenage victim and the class of farm workers were summarily discharged in retaliation for their opposition to the sexual harassment...
EEOC charges sexual assault
Posted on January 15, 2010EEOC has sued a hotel operator, claiming that a restaurant manager sexually assaulted a female employee while she was asleep in her room. [Press release]
DOJ claims state's promotion exam violates Title VII
Posted on January 13, 2010The Justice Department has sued the State of New Jersey and the New Jersey Civil Service Commission alleging a pattern or practice of employment discrimination against African-Americans and Hispanics. The complaint claims that a written examination for promotion to the rank of police sergeant has a disparate impact on African-Americans and Hispanics, and that the exam is not job related and consistent with business necessity...
$21,500 settles sex harassment suit
Posted on January 13, 2010EEOC and Crowell Contract and Design have settled a sex harassment suit for $21,500 plus corrective measures. EEOC charged that the president and a co-owner of the company created a sexually hostile work environment which ultimately forced an employee to resign her position.
$170,000 from Saks settles disability claim
Posted on January 11, 2010Saks Fifth Avenue will pay $170,000 to settle a disability discrimination suit brought by EEOC, on a claim that Saks fired a makeup because of her disability, ulcerative colitis. [Press release]
$85,000 settles race discrimination and retaliation case
Posted on January 11, 2010EEOC charged that a Chevrolet dealership subjected a class of African Americans to different terms and conditions of employment and a hostile work environment on the basis of race. Alleged conduct included racial epithets, such as repeated use of the N-word, and also involved management making sales team assignments based upon race, and withholding wages from one of the individuals after he complained...
EEOC suit claims sex discrimination
Posted on January 08, 2010EEOC sued K-Designers on Tuesday claiming management subjected a sales manager to unlawful sex discrimination and retaliation for complaining about sexual harassment by her branch manager. The alleged discrimination included denying the sales manager training and staff, attempting to isolate her from other employees, placing her on disability leave when she was able to work, and ultimately terminating her...
Becker to be re-nominated to NLRB?
Posted on January 08, 2010The New York Times reports today that the President intends to re-nominate Craig Becker as a Member of the National Labor Relations Board. [Article] At the very best, this will create a substantial delay in getting the NLRB up to its full strength of five Members...
EEOC 2009 statistics
Posted on January 08, 2010EEOC has published its statistics for fiscal year 2009. Total charges: 93,277, the second highest level ever. Monetary relief obtained: over $376 million. Private sector charges (which include those filed against state and local governments) alleging discrimination based on disability, religion and/or national origin hit record highs...
$1,505,000 settles sex and age discrimination suit
Posted on January 08, 2010EEOC and Arapahoe Motors d/b/a Ralph Schomp Automotive have settled a sex and age discrimination suit for $1,505,000. EEOC claimed that five women were subjected to sex discrimination and a sexually hostile work environment, including offensive verbal comments and physical touching, demotion, refusal to transfer, salary reduction, and failure to promote...
$300,000 settles race discrimination suit
Posted on January 08, 2010EEOC claimed that Vanguard Group refused hire an applicant for a financial planning manager position because of her race, and hired a less qualified white applicant. The suit settled for $300,000 and other relief. [Press release]
$110,000 settles sexual harassment suit
Posted on January 08, 2010EEOC claimed that management and coworkers at a car dealership sexually harassed female employees. The EEOC further charged that some women were repeatedly told that women should not be in the car business, and that when the women tried to complain about the daily verbal harassment, they suffered retaliation in the form of discipline, demotions and/or terminations...
$55,000 settles disability suit
Posted on January 08, 2010EEOC claimed that a debt collection agency refused to hire a qualified applicant because she was blind. The suit settled for $55,000 and other relief. [Press release]
$30,000 settles disability suit
Posted on January 08, 2010EEOC claimed that two property management firms failed to accommodate and then fired an employee because he suffers from bipolar disorder. The suit settled for $30,000 and other relief. [Press release]
NLRB: Quality Casehandling Report
Posted on January 06, 2010NLRB has issued its 2009 Quality Committee?s Comprehensive Report on Quality Casehandling. This is a consolidation of ten previous reports dealing with common issues in field casehandling and lessons learned from reviewing litigation wins and losses. [Report]
Moves
Posted on January 04, 2010John Fox, Jay Wang, and Alexa Morgan have formed a new boutique firm in Palo Alto: Fox, Wang & Morgan. All were previously with Manatt, Phelps & Phillips, where Fox chaired the Employment Group. Donna Fox, former senior labor counsel to US Air, will be an associate...
OSHA seizes car from company president
Posted on January 04, 2010OSHA seized a car from the president of Brocon Petroleum to satisfy a consent judgment arising out of an OSHA whistleblower case. An investigation by OSHA's Whistleblower Protection Program found the defendants had terminated an employee in retaliation because they suspected he had called OSHA and caused an inspection...
$31,000 settles retaliation suit
Posted on January 04, 2010Concrete Construction Corporation will pay $31,000 and furnish other relief to settle a retaliation suit in which EEOC alleged that the company stopped providing work to one of its employees who filed a charge of discrimination with the EEOC. [Press release]
EEOC claims male-on-male harassment
Posted on January 04, 2010EEOC sued Sparks Steak House Dec 31, claiming that male managers and workers created a hostile work environment for male employees, including physical and verbal sexual harassment. EEOC alleges that an employee who complained about the harassment was retaliated against by getting less desirable assignments and was ultimately terminated...
EEOC claims retaliation
Posted on January 04, 2010EEOC sued Delta Family Health and Fitness Center for Children, claiming the company discharged four employees who were involved in the filing of several discrimination complaints. [Press release]
$19,000,000 settles sex discrimination suit
Posted on December 30, 2009EEOC and Outback Steakhouse have settled a claim that Outback discriminated against thousands of women at hundreds of its restaurants. Outback will pay $19 million and furnish significant remedial relief. EEOC claimed that Outback discriminated against females with respect to the terms and conditions of employment and denied them equal opportunities for advancement, and that females hit a glass ceiling and could not get promoted to the higher-level profit-sharing management positions in the restaurants...
$1,073,261 judgment in sex and race discrimination case
Posted on December 30, 2009EEOC sued claiming that Whirlpool Corporation failed to protect a black female employee from persistent harassment by a white male coworker, which ultimately resulted in her being physically assaulted by him. Following a bench trial, a federal district court awarded the employee $773,261 in back pay and front pay, and $300,000 in compensatory damages...
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Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
How can an employer defend themselves for firing an employee who contends the company exposed him to hazardardous atmospheres although medical testing has been negative?
You'll need to contact OSHA to determine your responsibility as far as the work ...
Does failure to provide health insurance benefits at the time promised constitute harm to the employee?
Yes. Failure to provide health insurance benefits is a violation of Labor Law ob...
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