One of the easiest ways to win a bias or harassment lawsuit is to get it dismissed on the grounds that the employee who is suing missed the 180-day deadline for filing an EEOC complaint or never filed at all. That’s a prerequisite for Title VII lawsuits.
Check with the EEOC, and then pass the information to your attorneys, along with the lawsuit papers.
Recent case: Eddie Pittman worked for Archer Western Construction for just a few months before he quit. Later, he filed a lawsuit alleging he quit because a gay co-worker sexually harassed him.
But Archer Western discovered that Pittman had never filed an EEOC complaint. That got the case quickly booted out of court. (Pittman v. Archer Western Construction, No. 3:11-CV-556, WD NC, 2011)
- Changing job assignment soon after hire? That may be deemed a demotion
- Despite EPA's gender-equity requirements, you do have discretion to set wide salary
- Background checks, employee investigations and the FCRA
- Never tolerate co-worker sex harassment, even if harm comes from words, not deeds
- Does sexual harassment lurk in e-Mail? Can you disprove it?