Lessons from the Latest Lawsuits (in 100 Words or Less)
Here’s the latest installment of our bite-size reviews of recent significant employment law cases.
500,000 Reasons to Address Discrimination Aggressively
A Kentucky-based employer paid $500,000 to settle class action race, sex and retaliation claims. EEOC v. Fire Mountain Restaurants, LLC (Civil Action No. 5:08-cv-00160-TBR)
The EEOC alleged that the company failed to take adequate steps to address egregious behavior, including physical intimidation, sexual advances, referring to female employees as “b—–s” and managers calling white employees who associated with black employees “n—–r lovers” and “race traitors.”
The Lesson: Employers who fail to take action to address a hostile work environment risk paying big $$$. As Acting EEOC Chair Stuart Ishimaru said: “Any company — whether large, mid-sized or small — should know better than to allow discrimination and harassment to run rampant.”
League’s Objections to Umpire’s Age Claim Thrown Out
An umpire was allowed to proceed to trial on his age discrimination claims due in part to an age-ist comment made by management. Davis v. Atlantic League of Prof’l Baseball Clubs, Inc. (DNJ, No. 07-5023)
Based on alleged performance deficiencies, the 52-year-old umpire was excluded from the league’s playoffs and told his contract would not be renewed the following year. The umpire alleged that the league’s executive director gave him a different reason for the decision, saying: “we’re going to give the younger guys a chance.” The league then hired five new umpires, three of whom were under the age of 40.
The league struck out on each of its performance-based arguments:
- First, it alleged that the umpire had been involved in an altercation with the owner of one of the playoff teams and that he was being excluded from the playoffs to avoid additional problems. The court found that reason shaky because the league had allowed the umpire to work six games with the same team after the altercation.
- Second, it alleged that the umpire’s gambling showed bad judgment. The court noted that the umpire’s supervisor also gambled and that management had never previously disciplined the umpire for his known gambling.
The Lesson: Train employees — particularly managers — on the dangers of age-ist comments in the workplace. Before you take adverse action against any employee, make sure that the facts underlying the decision withstand scrutiny. It’s no fun going to court with shaky arguments.
