Discrimination & Harassment

Was the Firing of a Warehouse Worker Really Because He Stole Candy (Pretext) or Did the Company Want to Shed an Older Employee?

Tomas Alarcon, 59, alleged that Professional Plastics Inc., fired him because of his age and tried to cover it up by claiming that the basis for his termination was stolen candy. Alarcon worked for nine years in the shipping department and admitted that he took a small box of candy from a communal table where …

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California Employer LAWlert: FAILURE TO RETURN FROM A LEAVE OF ABSENCE- Don’t Be Quick to Terminate

Although the following case involves a California employer and California’s version of the ADA, this Alert is relevant to companies nationwide who are subject to the ADA and state equivalents. In Sanchez v. Swissport Inc., employee Sanchez, alleged that she was discriminated against in violation of California’s Fair Employment and Housing Act (FEHA).  FEHA is …

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Employee Complaints Need to Be Taken Seriously

The current case of Butler v. FedEx Corp., involves an employee, Lynette Butler who worked for FedEx Trade Networks Transportation & Brokerage Inc. for 17 years until she was fired on November 2012. In 2010 Butler was assigned the position of transportation supervisor, where she approved driver timecards and monitored costs. In the course and …

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CA UPDATE: A Dress Code Can Result In Major Legal Claims

WASHINGTON (Sept 2013) — a federal judge in California ruled last   week that clothing retailer Abercrombie & Fitch Co. discriminated against a Muslim employee on religious grounds, the U.S. Equal Employment Opportunity Commission said Monday. The lawsuit was filed by the EEOC in 2011 on behalf of Umme-Hani Khan, a Muslim who was fired in February 2010 …

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Racial Bias Claim Results In One of The Largest Settlements of Its Kind

REUTERS (By Amanda Becker 8-28-13) – Merrill Lynch has agreed to pay $160 million to settle a class-action race discrimination lawsuit brought by a longtime U.S. employee. More than 1,200 current and former Merrill Lynch employees could be eligible to take part in the settlement, one of the largest sums obtained from an employer in …

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CA UPDATE: The 2 Critical Questions From San Diego’s Sexual Harassment Scandal

By Ashley Kaplan As the number of women accusing San Diego Mayor Bob Filner of sexual harassment reaches the double digits, public interest surrounding the case is at an all-time high, as well. In the wake of the accusations – and despite intense pressure to resign – Filner refuses to step down. Instead, Filner is …

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CA Urgent: New U.S. Supreme Court Rulings Impact on Employer Policies

The United States Supreme Court has issued a landmark ruling in the case of United States v. Windsor, No. 12-307 (June 26, 2013), and an additional important decision in the matter of Hollingsworth, et al. v. Perry, No. 12-144 (June 26, 2013). THE DECISIONS In Windsor, the United States Supreme Court ruled the Defense of Marriage Act …

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CA UPDATE: Special 2013 Legal Update Alert

SPECIAL 2013 LEGAL UPDATE ALERT As part of Holman HR’s continuing efforts to keep you, our client apprised of new legislation, below is a comprehensive list and summary of all new employment laws for 2013 affecting California employers. For our clients who do not operate facilities within California we will also update you as to …

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US Supreme Court Ruling Increases Likelihood for Discrimination Claims Against Employers

The U. S. Supreme Court has unanimously ruled that an employer can be held liable for employment discrimination based upon the discriminatory intent of a supervisor who influenced but did not make the ultimate employment decision.  Staub v. Proctor Hospital, No. 09-400 (March 1, 2011).