Tag: discrimination

fired

Firing Employee Who Made Threats: Opposition Isn’t Always Protected

The Iowa Court of Appeals recently found that an employee who made violent threats on Facebook couldn’t sue her former employer for retaliation after she was terminated. The court’s decision is important because it allows employers to make termination decisions when a protected complaint is pending. In other words, not all opposition is protected.

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discrimination

Pretextual Failure to Promote Produce Worker Is a Recipe for Disaster

HR professionals are all too familiar with the McDonnell-Douglas burden-shifting standard for establishing discrimination from circumstantial evidence. Under the standard, an employee presents a prima facie (minimally sufficient) case that he belongs to a protected class and suffered an adverse action. The employer then presents a legitimate nondiscriminatory reason for its action, and he in […]

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Avoiding Age Discrimination in the Recruiting Process

Age discrimination often happens inadvertently. After all, most of us don’t set out to intentionally exclude older workers. We can rationally recognize that older workers are just as valuable as any other worker, and may often bring years (even decades) of experience and knowledge. Yet, age discrimination—both intentional and unintentional—still happens frequently during the recruiting […]

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discrimination

Was Graveyard Shift Transfer a Result of Discrimination?

A federal judge in Aberdeen, Mississippi recently heard an employee’s claims that she was rescheduled to the graveyard shift as a result of discrimination and that she had been subjected to a hostile work environment.

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ADA

First Things First: Court Outlines Test for ADA Interference Claims

At the end of September, the U.S. 7th Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin), outlined—for the first time—the test for analyzing disability-based interference claims under the Rehabilitation Act and the Americans with Disabilities Act (ADA).

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TV

Dallas EEOC Office ‘Hovers Over’ Alleged Age Bias by TV Station

The Dallas office of the Equal Employment Opportunity Commission (EEOC) recently sued a local TV station for age discrimination. The station’s on-air traffic reporter who circled over Dallas-Fort Worth (DFW) traffic resigned, and a replacement needed to be found. The replacement, a 24-year-old, was allegedly unqualified for the position. The EEOC claims that a very […]

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PIP

Getting the PIP Process Right: Tips for Employers

An employee continues to make mistakes that cost the company money. You meet with her and place her on a performance improvement plan (PIP). After the 60-day PIP period ends, you conclude that her performance did not improve adequately and terminate her employment.

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ADA

Employer’s Winning Defense: Police Sergeant Was Undeserving and Disliked

A federal court in Rhode Island recently rejected a sergeant’s claim that the Providence Police Department’s (PPD) failure to promote him to lieutenant was illegally based on disability discrimination. The court found the employment decision was based in part on the chief of police’s conclusion that the sergeant was undeserving of the promotion and wasn’t […]

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