Here’s a warning about equal pay and the ongoing effects of past discriminatory decisions: Unless you fix the problem, an employee could file multiple lawsuits.
Recent case: In 2010, Alisa complained to the EEOC that her employer discriminated against her and paid her less because she is a black woman. She got a right-to-sue letter, but missed the 90-day deadline for filing a federal lawsuit. Soon she filed a fresh EEOC complaint, alleging that she was still paid less because of her protected characteristics.
This time, when she got the right-to-sue letter, she filed her federal lawsuit right away. Her employer argued she shouldn’t be allowed to re-litigate her claims. The court disagreed. It said any pay discrimination that occurred after the original EEOC complaint was still fair game for a lawsuit. (Simmons v. Tarrant County, No. 3:13-CV-1389, ND TX, 2014)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Make suggested ADA accommodation offer in writing
- Focus on concrete qualifications in hiring, not esoteric 'chemistry'
- When personalities clash, document reason for conflict
- Using an arbitration agreement? Keep detailed records of employee acceptance