Temporary workers can still sue even if they no longer work for you because their contracts expired and weren’t renewed.
Recent case: Mark, who is black and Native American, started work for Vivo on a six-week temporary contract. Shortly after starting, a supervisor told him he might be rehired on a six-month basis. Then Mark got into an argument with another supervisor about the project he was working on. After the incident, Vivo declined to extend his contract.
He sued, alleging the reason was race discrimination and that he had endured a hostile work environment.
Fortunately for the company, the case was dismissed when Mark was unable to point to any specific instances of racially hostile behavior, slurs or other obviously hostile acts. (Adams v. Vivo, et al., No. C-12-01854, ND CA, 2012)
- Retirement offer instead of disciplinary hearing isn't adverse action
- When religious accommodation costs too much
- Categorize reasons why you impose employee discipline
- When bias goes companywide, class-action lawsuits will follow
- Dodge bogus retaliation suits by tracking exact date of every discrimination claim