At Work: Solutions for Employers & Employees

It isn’t a newsflash to those of us who regularly deal with the EEOC: the federal agency charged with protecting Americans from discrimination is overworked, with a tremendous backlog of cases. The Washington Post reported Monday that because of increased claims and decrease in staff, the case backlog is now at 73,951 – up 35 % from a backlog of 54,970 a year ago.

http://www.washingtonpost.com/wp-dyn/content/article/2009/02/02/AR2009020202452.html

This means that more and more cases are languishing in the EEOC. That’s a problem when it comes to getting to the truth behind a claim, because witnesses move away or forget what happened. In this climate, it is essential for both employees and employers to obtain independent legal counsel to move a case along, to secure witness statements, to conduct investigations, and -- most importantly -- to frame the issues for an overworked investigator.

Continue reading "EEOC Backlog Swells. What Does This Mean for Your Case In the EEOC?" »

Posted by Tiffanie Benfer at 03:34 PM | Permalink | Comments (0) | TrackBacks (0)

As someone who works daily on cases involving racial discrimination and other prejudices, I can’t let Martin Luther King Day pass without comment. But, anything I can say is inadequate, both to the memory of Martin Luther King and to the anticipation of our first African American President. Rather than waste time with my own words, I’ve given you a few of my favorite MLK “law, justice and employment” quotes.

“A right delayed is a right denied.”

“Injustice anywhere is a threat to justice everywhere.”

“It may be true that the law cannot make a man love me, but it can keep him from lynching me, and I think that's pretty important.”

Continue reading "Martin Luther King Said It Better Than I Can" »

Posted by Tiffanie Benfer at 07:13 PM | Permalink | Comments (0) | TrackBacks (0)

Last week, in a post entitled "$1.55 million Settlement . . . ", I discussed cases handled by this office which involve egregious symbols of racial hatred, including hanging nooses. Some of those cases cannot be discussed here because of confidentiality agreements.

Last night, Channel 10 ran a story about one of the cases handled by Hill Wallack's employment group. This case involves an employee who complained of racial harassment (including the display of a hangman's noose). This employee has now found that his union is retaliating against him. For a transcript and commentary on Joanne Rathgeber's TV appearance, click the link:

http://www.nbcphiladelphia.com/news/local/Man-Allegedly-Confronted-by-Co-Worker-with-Noose.html

Posted by Tiffanie Benfer at 11:50 AM | Permalink | Comments (0) | TrackBacks (0)

Last week, Merrill Lynch agreed to pay $1.55 million to settle a case of discrimination brought by an Iranian Muslim employee who alleged that he was passed over for promotion and then fired because of his religion and national origin. The complaint alleged that the employee was told that he would not be allowed on the trading floor “because you are from a country which has a high risk factor and a threat.” Not surprisingly, Merrill Lynch denied the accusations.

What accounts for this relatively large settlement? From the publicly available information, it appears that managers at Merrill Lynch were blatant in expressing their bigotry. Bigotry that is expressed in more subtle ways is equally illegal, but may be more difficult to prove. Another important factor is that the Plaintiff in this case was a highly compensated professional. When a highly paid employee is fired, the potential for damages grows.

Continue reading "$1.55 Million Settlement in Case of Religious Discrimination and National Origin Discrimination" »

Posted by Tiffanie Benfer at 12:15 PM | Permalink | Comments (0) | TrackBacks (0)

The New York Times reports that 533,000 jobs were lost in November, the largest one-month decline since December 1974.

http://www.nytimes.com/2008/12/06/business/economy/06jobs.html?_r=1&adxnnl=1&adxnnlx=1228507331-YNAOQpjUJ8LVr45LIZgrIg

No doubt that this is a difficult time for both employers and employees. For employees facing layoffs, emotions are obviously running high. For employers, a reduction in force brings many possible pitfalls. An ounce of prevention in the form of careful planning and review of the decisions of managers may prevent many pounds of damage in the form of lawsuits and liability. Here are some suggestions for employers:

1. Take a careful look at the demographics of the people who will be laid off. Consider having someone independent of the managers who made the layoff decisions conduct this analysis. Make sure that employees in a protected class – older workers, women, or any particular racial group – are not being targeted disproportionately. Imagine that you will have to explain any disproportionate impact to a jury.

Continue reading "Layoffs: Top 10 Tips for Employers Who Would Rather Not Land in Court" »

Posted by Tiffanie Benfer at 04:45 PM | Permalink | Comments (0) | TrackBacks (0)

When may an employer lawfully use information about an employee’s criminal history? May an employer refuse to hire any employee with a conviction in his or her past? The EEOC conducted an open meeting last week to discuss these questions. It is likely that the EEOC will issue more comprehensive guidelines addressing these issues in the future.

Policies that prevent the hiring of employees with a history of a criminal conviction raise questions because those policies have a disparate impact on African American employees, who are statistically more likely to have a criminal record. Many employers would prefer not to hire any employees with a criminal history – in fact, a recent survey showed that more than 40 % of employees said that they would not ever hire someone with a criminal record. Fear of a suit based on negligent hiring makes it reasonable for employers to be concerned about employees with criminal records. Is that discriminatory? And, if it does have a disparate impact on persons of color, is it allowed anyway? There is no absolutely clear answer in the statutes or case law, but there are hints and guidance

Continue reading "Life Sentence: When Should a Criminal Record Bar Employment?" »

Posted by Tiffanie Benfer at 09:36 AM | Permalink | Comments (0) | TrackBacks (0)