Mindy Chapman, Esq., Mindy Chapman & Associates

In the good old days, employers used to have control over who they
hired. Not anymore. Today, the EEOC has the power to decide who you
will have to roll out the red carpet for.

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How would supervisors in your organization handle this
situation: A female employee walks into her boss’s office and complains
that one of her co-workers showed her pictures of himself engaged in
… activity best reserved for the privacy of one’s own home (get the
gist?). Pretty serious stuff. Apparently one guy didn’t think
so …

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Terminations
are a legal minefield, but you’d think it would be easy to fire a 911
emergency dispatcher who was found sleeping on the job. Not in today’s
lawsuit-happy environment…

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You’d think
that going into a retail store to pay retail prices with real green
money would be a sight for a salesperson’s sore eyes. Not the case at
Dillard’s Department Store in Kansas City, which is now facing a messy
lawsuit because of one saleswoman’s rudeness.

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Ouch for Employers! The Equal Employment Opportunity
Commission’s Chair Naomi Earp has just said that EEOC attorneys now work as if they are
part of a national law firm. Instead of simply handling a complaint
in the geographic region it was filed in, this new model allows EEOC
attorneys to strategically scrutinize the employment practices of big
companies with multiple sites nationwide and to effectively select the
best venue to litigate in.

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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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