Playing “Race Card” Wins Jury Trial on Retaliation Claim

Kollman & Saucier
Kollman & Saucier
08/01/2011
An African-American factory employee won the right to take his Title VII retaliation claim to a jury because his manager had accused him of “playing the race card.”  The employee “almost habitually” complained about poor treatment from a white co-worker, as well of racial discrimination in training and promotion decisions that he was denied.  In one particular meeting where the employee was being questioned about why he did not complete a...
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Workers’ Comp Remedy For Mad-Cow Disease

Kollman & Saucier
Kollman & Saucier
07/29/2011
by Kelly C. Lovett Workers’ compensation provides a valuable benefit to employers as the sole remedy for employees injured on the job.  As a result, employee lawsuits against employers for job-related injuries or illnesses usually are dismissed as soon as they are filed.  Occasionally, an employee will sue under a narrow exception to the workers’ compensation laws.  This was the case in the District of Columbia where a lab employee brought...
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Age Discrimination Or Technological Advancement?

Kollman & Saucier
Kollman & Saucier
07/29/2011
Plaintiffs suing for age discrimination must prove, as part of their prima facie case, that they were replaced by an individual outside of their protected class – that is, that they were replaced by someone younger.  What happens, though, if the employee is replaced by a computer program?  Can the employee establish a case of discrimination? The answer is “no,” according to the Eleventh Circuit.  That court held that a terminated employee...
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Sixth Circuit Addresses Associational Discrimination

Clifford Geiger
Clifford Geiger
07/14/2011
The Americans with Disabilities Act (ADA) prohibits associational discrimination.  In other words, an employer cannot discriminate against an applicant or employee who has a relationship or association with an individual with a known disability.  42 U.S.C. § 12112(b)(4).  The EEOC explains that the ADA prohibits conduct such as: An employer is interviewing applicants for a computer programmer position.  The employer determines that one of the...
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