Severance Agreements
An employee (or former employee) should recognize that a proposed Settlement Agreement (“SA”) is a formal contract, with potentially life-long effects on the employee’s behavior and career. The employee must understand the SA and its implications if signed. An employee should never hastily sign a SA “on the spot”, even if pressured to sign in exchange for […]
Sexual Harassment – #MeToo
Social Media and Discovery
Anything written or posted in social media (via smart phones, laptops, desktops, etc.) may be discoverable in litigation and used at trial. Any electronically stored information (ESI) describing events occurring at work or describing ones feelings or thoughts, could eventually be seen by a jury. If documents are prepared only for an attorney for expected […]
Temporary Agencies and Third-Party Labor Providers
Temporary work agencies, third-party labor providers, and companies where the employee works, may be individually or jointly responsible for unlawful employment activities. Temporary work agencies (“temp agency”) or temporary staffing companies provide workers for companies needing short-term labor. If a business needs workers for a short-term project, or to fill-in while another employee is absent, they may contract […]
The Role of the EEOC or CCRD
The Equal Employment Opportunity Commission (EEOC) is the federal agency with responsibility for investigating and attempting to settle discrimination and retaliation claims before a lawsuit is filed. The EEOC has administrative jurisdiction over claims arising under Title VII of the Civil Rights Act of 1964, as amended (Title VII); The Americans with Disabilities Act of 1990, as amended […]
Should I Stay or Should I Go?
The Employee’s Burden of Proving “Constructive Discharge” One of the most difficult decisions you may face is whether to quit your job. We suggest that you consult with an attorney before making that decision. It’s important to understand whether the facts of your case and the applicable law will help or hinder a viable legal claim against the […]
How do I prove my case?
Under the EEOC discrimination laws, a plaintiff must show, through either direct or indirect evidence, that the discrimination complained of was intentional. E.E.O.C. v. Horizon/CMS Healthcare Corp., 220 F.3d 1184, 1191 (10th Cir. 2000), citing Shorter v. ICG Holdings, Inc., 188 F.3d 1204, 1207 (10th Cir. 1999) (Title VII discrimination). Pretext is Essential to Prove Intentional Discrimination Pretext is […]
How Much Evidence of Pretext Do You Need to Prevent Dismissal before Trial?
How Much Evidence of Pretext Do You Need to Prevent Dismissal before Trial? Pretext “Plus” evidence of gender discrimination [or the applicable protected attribute] is not required. This was squarely addressed in Jones v. Okla. City Public Schools, 617 F.3d 1273, 1280 (10th Cir. 2010): Reeves [v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 148 (2000)] expressly held […]
