Posts Tagged ‘discrimination’

Retaliation 101

A recent opinion from the U.S. Tenth Circuit Court of Appeals involving Tulsa’s American Airlines facility serves as a reminder of the kind of evidence required to establish retaliation. Worker sues after failing competency test and losing position In Pittman v. American Airlines, Inc., employee Anna Pittman filed suit after being rejected for a hazardous…

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Best practices for employers under the EEOC’s new strategic enforcement plan

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous agenda. Employers hoping for a more employer-friendly EEOC under the new administration may be disappointed by the 2017 Strategic Enforcement…

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Diversity, Respect and Inclusion

Roberta Fields . Charlie Plumb In a culture that has become increasingly divisive on a number of fronts – including matters of race, religion, politics, ethnicity and gender, just to name a few – what can employers do to ensure that such tensions don’t permeate the workplace? Better yet, what can employers do to create…

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Attack on an employer’s promotion decision

Are you prepared to defend a promotion or hiring decision when someone accuses you of discrimination? That’s when an employer must be in a position to show their selection was absolutely non-discriminatory and based upon selecting the best candidate. Missed promotion For more than 18 years, Chris Edwards worked for the Oklahoma Bureau of Narcotics…

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Must be qualified to apply

When someone contends they have been discriminatorily denied employment, whether the individual was truly qualified often becomes the primary issue. To defeat a discriminatory failure-to-hire claim, the employer must establish the individual did not meet requirements that were explained, essential to the position, and uniformly applied to all candidates. Truck driver successfully battles cancer Mark…

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Court rules unauthorized absence justifies firing

The federal appeals court that covers Oklahoma recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he suffered a hostile work environment and was terminated because of racial discrimination. Injured employee fired for refusing to…

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Tenth Circuit rules in favor of airline in discrimination case when employee’s mistake leads to his termination

The Tenth Circuit Court of Appeals recently ruled for Delta Airlines in an appeal by a former employee who claimed he was terminated because of racial and national origin discrimination. Airline fires employee after plane damaged Maahnchooh Ghogomu worked for Delta Airlines at the Tulsa International Airport. At the Tulsa International Airport, every Delta flight…

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Keys to crafting an effective response to an EEOC discrimination charge

Once the Equal Employment Opportunity Commission (EEOC) receives a discrimination complaint from a current or former employee, the Commission begins gathering information about their allegations of discriminatory treatment. That process includes requesting the employer to provide relevant documents. Additionally, the EEOC typically asks the employer to submit its statement of position setting out its response…

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No Surprise: EEOC files two sexual orientation lawsuits

Last week, the Equal Employment Opportunity Commission filed two lawsuits charging employers with discriminating against employees based upon their sexual orientation. In a Pennsylvania federal court, the EEOC claimed Scott Medical Health Center had subjected a gay employee to harassment because he did not meet co-employees’ gender stereotypes. The lawsuit alleges that the health center…

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