Legal Intelligencer When a federal jury finds that race discrimination in housing has occurred but awards no compensatory
damages, the trial judge must still allow the plaintiffs to seek punitive damages, the 3rd U.S. Circuit
Court of Appeals has ruled.
Two Dunkin' Donuts franchisees
have charged the company with racial discrimination, claiming their 30 stores were downgraded due to
unfounded claims of unsanitary conditions. A second suit, against Wendy's, made similar charges of
racial discrimination. Do minority franchisees have to meet more stringent standards?
The number of
employment-discrimination lawsuits filed has soared in recent years. Many experts point to the
increased diversity of the work force as a key reason for the increase.
Imagine that three of your
eight employees are on maternity leave. You're interviewing a candidate for a new position and
concerned about your dwindling staff, so you ask if she plans to have children in the next few years.
You only have your company's best interest at heart. "If you ask that question, and that person doesn't
get the job, they can come back and claim gender discrimination," says Maria Grecky, an attorney in
Broomfield, Colo. who specializes in labor law.
The Supreme Court has
recently taken yet another bite out of the Americans with Disabilities Act, making it easier for
employers who consistently apply seniority systems to handle competing claims of ADA accommodation. The
Supreme Court ruled that while a seniority system does not always "trump accommodation requests," it
"will prevail in the run of cases.
Claims under the American with
Disabilities Act (ADA) traditionally have focused on adverse employment decisions such as terminations
or challenged working conditions or assignments. Recently, however, ADA plaintiffs have been adding
claims for harassment because of their disability.
Legal Intelligencer When a federal jury finds that race discrimination in housing has occurred but awards no compensatory
damages, the trial judge must still allow the plaintiffs to seek punitive damages, the 3rd U.S. Circuit
Court of Appeals has ruled.
Two Dunkin' Donuts franchisees
have charged the company with racial discrimination, claiming their 30 stores were downgraded due to
unfounded claims of unsanitary conditions. A second suit, against Wendy's, made similar charges of
racial discrimination. Do minority franchisees have to meet more stringent standards?
The number of
employment-discrimination lawsuits filed has soared in recent years. Many experts point to the
increased diversity of the work force as a key reason for the increase.
Imagine that three of your
eight employees are on maternity leave. You're interviewing a candidate for a new position and
concerned about your dwindling staff, so you ask if she plans to have children in the next few years.
You only have your company's best interest at heart. "If you ask that question, and that person doesn't
get the job, they can come back and claim gender discrimination," says Maria Grecky, an attorney in
Broomfield, Colo. who specializes in labor law.
The Supreme Court has
recently taken yet another bite out of the Americans with Disabilities Act, making it easier for
employers who consistently apply seniority systems to handle competing claims of ADA accommodation. The
Supreme Court ruled that while a seniority system does not always "trump accommodation requests," it
"will prevail in the run of cases.
Claims under the American with
Disabilities Act (ADA) traditionally have focused on adverse employment decisions such as terminations
or challenged working conditions or assignments. Recently, however, ADA plaintiffs have been adding
claims for harassment because of their disability.
