Fair Employment Practices Guidelines articles from June 2004

Fair Employment Practices Guidelines archives from June 2004

Proving disparate treatment and retaliation.(cases)
June 1, 2004... Under Title VII, an employer can be held liable if it treats an employee less favorably than others because of a protected characteristic (race, religion, etc.); whether or not there was any underlying discrimination, an employer can also be...

Court severs illegal clause in arbitration agreement and compels employee to arbitrate discrimination claim.(cases)
June 1, 2004... An arbitration agreement with an unenforceable provision will be enforced, minus the impermissible clause, a federal district court in Washington, DC ruled in Booker v. Robert Half Intern., Inc., 2004 WL 896409 (D.D.C. 2004), in what is...

Employee's termination valid, despite disclosure of disability at exit interview.(cases)
June 1, 2004... Brenneman v. MedCentral Health System, 2004 WL 904114 (C.A. 6 (Ohio), 2004), presents a familiar fact pattern: the plaintiff is fired for excessive absenteeism. At his final exit interview with HR, he mentions for the first time that the...

Ask the expert: Q&A.(credit bureaus)
June 1, 2004... Address questions to Gerard P. Panaro, at Howe & Hutton, Ltd., 1901 Pennsylvania Avenue NW, Washington, DC 20006, tel. 202-861-1314 or e-mail at gpp@howehutton.com. Q I understand that under the Fair Credit Reporting Act, if we do an...

Foot injury is not a disability under FEHA.(California)(California Fair Employment and Housing Act)(Brief Article)
June 1, 2004... A California appellate court affirmed judgment for the county in Nakarangkul v. County of Los Angeles, 2004 WL 886895 (Cal. App. 2 Dist. (not officially published)). The plaintiff had sued for disability discrimination and wrongful...

Plaintiff's age discrimination claim fails.(Michigan)(cases)(Brief Article)
June 1, 2004... In Mukherjee v. ABN Amro North America, 2004 WL 1057819 (Mich. App., 2004), the Michigan Court of Appeals affirmed the trial court's dismissal of the plaintiff's age discrimination, retaliatory discharge, and breach of contract claims. The...

Court affirms $800,000 judgment on retaliation claim.(New Jersey)(cases)(Brief Article)
June 1, 2004... In Kluczyk v. Tropicana Products, Inc., 2004 WL 894011 (N.J. Super. A.D., 2004), the appellate court affirmed a judgment in favor of the plaintiff for over $800,000 based on retaliation, even though the jury found for the defendants on all...

Racial harassment claim fails because plaintiff didn't prove it interfered with his performance.(Ohio)(cases)(Brief Article)
June 1, 2004... In Tamayo v. Stack Container Serv., 2004 WL 906215 (Ohio App. 8 Dist.), an Ohio appellate court upheld summary judgment against the plaintiff on his claims of hostile work environment (racial slurs based on Mexican-American national origin),...

Trial court should have awarded plaintiff more in attorneys' fees.(West Virginia)(cases)(Brief Article)
June 1, 2004... In Shafer v. Kings Tire Service, Inc., 2004 WL 1040667 (W. Va., 2004), the Supreme Court of Appeals of West Virginia sent the case back to the circuit court for re-calculation of attorneys' fees. The plaintiff asked for almost $68,000:...