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News for January 30, 2012Featured this week:
Featured this week:Police officer subjected to constant discipline after revealing sexual orientation can proceed with equal protection and state law bias and retaliation claimsStating that “an overnight metamorphosis is unlikely,” a federal district court in Minnesota ruled that a police officer who received letters of commendation for his accomplishments prior to revealing his sexual orientation to the department, and then was subjected to almost constant disciplinary actions, internal investigations, and negative performance evaluations after he revealed he was gay, can proceed to trial with his equal protection and state law bias and retaliation claims (Lathrop v City of St. Cloud, DMinn, January 23, 2012, Frank, D). The court, however, granted summary judgment in favor of the department on the officer’s First Amendment and civil conspiracy claims. Failure to promote claim of employee who failed to receive promotion after breakup with supervisor who was paramour advances; retaliation claim survives where employee was subject to lost overtime, termination after she filed chargeA 51-year-old female employee who ended a consensual sexual relationship with her supervisor, subsequently filed an EEOC charge after she was denied a promotion, and was thereafter denied overtime and ultimately laid off, was able to pursue her Title VII reprisal claim relating to her discharge and denial of overtime, but her gender bias claims failed (DeBowes v Smiths Med, ASD, Inc, NDMiss, January 25, 2012, Mills, M). She was also able to pursue her ADEA age bias claim as to her nonpromotion because the position was filled by a 29-year-old applicant who did not meet the minimum qualifications. Employer’s reliance on Ellerth-Faragher defense to win summary judgment was misplacedAn employer was denied summary judgment on an employee’s Title VII and state law claims of sexual harassment and retaliation after a federal district court in Oklahoma determined there was sufficient evidence to support the employee’s claims (Meyer v Edwards Mail Serv, WDOkla, January 20, 2012, Heaton, J). Because the employee did not claim she was sexually harassed by a supervisor, the employer’s reliance on the Ellerth-Faragher defense in support of its summary judgment motion was misplaced. Even if the defense were applicable, the employee still presented sufficient evidence to avoid summary judgment. When taken in the light most favorable to her, the employee presented evidence that she took her concerns to HR, that she attempted to bring the alleged harassment to the attention of her supervisor, and that they failed to respond in a meaningful way. Despite efforts to rectify differential, employee whose pay fell below male coworker could maintain EPA, Title VII claims; lack of evidence of pretext dooms retaliation claimDespite an employer’s efforts to right a pay differential between a female employee and her male coworker, the employee presented sufficient evidence to defeat the employer’s motion for summary judgment on her Equal Pay Act and Title VII disparate treatment claims (Diaz v Infotech Aerospace Servs, Inc, DPR, January 19, 2012, Fuste, J). On the other hand, none of the employee’s arguments were sufficient to demonstrate that the employer’s actions were pretext for discrimination and, therefore, the employer was entitled to summary judgment on her retaliation claim. Despite all-time highs in charges filed and relief obtained, EEOC reduces pending inventory for first time in a decadeA record number of 99,947 employment discrimination charges were received by the EEOC in fiscal year (FY) 2011. The Commission also obtained a record $455.6 million in relief through its administrative program and litigation, the agency announced on January 24, 2012. Relocation falls to near record low as just 7.5% of job seekers move for new positions in second half of 2011After rising to its highest level in nearly two years during the first half of 2011, the percentage of job seekers relocating for new positions dropped to a near record low to finish out the year. The latest data provides further evidence that one of the biggest obstacles to economic recovery could be the lack of mobility among the nation’s unemployed. Personal financial stress affecting employee performance and retirement savings, SHRM survey showsA survey of employer-sponsored financial education initiatives shows that U.S. workers’ money worries are impacting their work performance and retirement savings plans. "The source of money woes is unsurprising but the toll it’s taking on both workers and their employers, in addition to the persistence of the weak economy, are all troubling issues," said Mark J. Schmit, Ph.D., SPHR, vice president of research at SHRM. In December, 1,384 mass layoff actions affected 145,648 workersEmployers took 1,384 mass layoff actions in December involving 145,648 workers, seasonally adjusted, as measured by new filings for unemployment insurance benefits during the month, the U.S. Bureau of Labor Statistics reported January 25. Each mass layoff involved at least 50 workers from a single employer. Mass layoff events in December increased by 52 from November, and associated initial claims increased by 14,021. In December, 351 mass layoff events were reported in the manufacturing sector, seasonally adjusted, resulting in 39,081 initial claims. You are subscribed to CCH® NetNews, sponsored by CCH INCORPORATED. Click here to unsubscribe. 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