Mindy Chapman, Esq., Mindy Chapman & Associates

Does your “Now
Hiring” sign really mean “Now Hiring Men”? That appeared to be the case
at an Ohio auto dealership, which just settled a sex-discrimination
lawsuit with the EEOC. The dealership must pay out $2.3 million to a
group of 39 female applicants who were denied sales jobs.

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FedEx will write a check for $55 million dollars to settle a
class-action suit alleging race and national-origin discrimination in
hiring, promotions and performance practices. FedEx’s “pay day” comes
after minority employees challenged the company’s “Basic Skills Test”
hiring and promotion tool for having a discriminatory impact on them …

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Since when is a
manager’s mere “concern” over a disabled employee’s ability to do the
job enough justification to terminate? Try never. In the dictionary,
“concern” is synonymous with “worry” and “fear.” So, a manager who is
wringing his hands with potential concerns about an ADA-protected
employee’s performance may soon have bigger things to be concerned with
… like a federal lawsuit.

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A court mandated the former CEO of a Nevada company and others to
restore over $4.775 million, including interest, to two pension plans.

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How should a
company welcome back a member of the military and say “thank you”…? Within a few hours of returning from military
training to his job at Target Corp., an employee was demoted. Then,
after he complained that the demotion violated the Uniform Service
Employment and Reemployment Act (USERRA), Target fired him. He was
willing to take a bullet for our country, so how did he end up becoming
a target in the workplace?…

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Do you have to tell your customers you are sexual harassers? Yup, you might have to. Shocking, right? In
a startling court order, a judge required a company to inform their
customers about their sexual harassment verdict against them for over
$1 million

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“Tr*mp.”
“F*ck.” “Sl*t.” “B*tch.” “B*be.” That was the everyday vocabulary for
one of the bosses at Blue Cross Blue Shield of Alabama. Sounds like a real loser, right?
Not in this case. The official loser was the employee who failed to
report the manager’s conduct promtly and, therefore, lost her case in
court …

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Question: Open mouth. Insert foot. Taste a lawsuit? The district manager at the Foot Locker did. In
a surprising court ruling, a judge decided that only “one comment” made
by the district manager about the store manager’s age was enough to
hand him his walking papers — into court that is.

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Question: How would you like to work for this guy? ’Joe’
allegedly simulated acts of masturbation and went around sticking his
finger in employees’ ears. He also engaged in unwanted touching, sexual
jokes and offensive remarks about employees’ bodies. He went so far as
to share intimate details about sex with his wife. One employee claims
he kissed her on the lips and offered her a promotion in exchange for
sex. Those employee, of course, sued for sexual harassment. Seems like a slam dunk, right? Not so …

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Why does testing bring about that sledgehammer-in-the-stomach feeling?
Maybe because, as students, we never knew quite what to expect. Now,
the same is true when it comes to a recent trend in employment-law
cases: applicants and employees making phone calls to secretly test
whether your organization is discriminating. While
the U.S. Supreme Court has long acknowledged the importance and
legality of such testers in civil-rights claims, two new court cases
offer critical lessons for employers …

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