On behalf of Mansfield, Tanick & Cohen, P.A. posted in Employment Disputes on Tuesday, May 15, 2012
The Minnesota Court of Appeals recently dismissed one of several civil claims filed by a former golf coach at the University of Minnesota against the former director of the program. The lawsuit was first filed back in 2011. In the complaint, the coach alleged that the director had created a work environment colored by discrimination and harassment after learning of the coach's sexual orientation.
The former coach claimed that she was denied the opportunity to instruct players or travel with the women's team because of her sexual orientation. The University of Minnesota and the former director deny these allegations. According to the former coach, the problems that ultimately led to the employment dispute began shortly after she was hired in 2010.
On behalf of Mansfield, Tanick & Cohen, P.A. posted in Workplace Discrimination on Wednesday, May 9, 2012
Amid concerns of increased employment litigation, including possible claims of workplace discrimination, Minnesota Governor Mark Dayton recently vetoed a bill that would have required the state to use the E-Verify federal database system when hiring workers. The measure had been introduced by Representative Ernie Leidiger (R-Mayer).
The database called on the state to check the immigration status of individuals applying for government jobs. The system checks the eligibility of new employees to work in the United States. There are currently more than a dozen states using some sort of electronic database for verifying the eligibility of new employees applying for government positions.
On behalf of Mansfield, Tanick & Cohen, P.A. posted in Employment Disputes on Monday, April 30, 2012
Wal-Mart Stores Inc. is in the news once again for violations of U.S. employment law and employment disputes. The company has been sued a number of times by the federal government as well as by its own employees and customers for violations of U.S. law. The long history of legal conflict with the mega retailer even involves a 2008 employment dispute case in Minnesota that Wal-Mart ended up settling for $54 million.
The case in Minnesota centered on hourly employees being required to go through training while not clocked in and not being allowed to take mandated meal and rest breaks. This was only one case among many in a decade of allegations against the retailer. Other allegations include gender discrimination, illegal immigrant workers, overtime pay and much more.
On behalf of Mansfield, Tanick & Cohen, P.A. posted in Sexual Harassment on Thursday, April 26, 2012
As summer approaches, teenagers across the Twin Cities and Minnesota will soon head out looking for summer employment. For many, it will be their first employment experience, which can be wrought with challenges. However, no young person should have to endure sexual harassment in the workplace. That was unfortunately the case for one young employee of a Burger King restaurant.
Recently, the franchisee that owned the Burger King restaurant settled a sexual harassment lawsuit with the Equal Employment Opportunity Commission regarding the unlawful actions of a supervisor at one of the restaurants in Oregon. As part of the settlement, the employer will implement new measures to prevent future sexual harassment and pay the worker $150,000.
On behalf of Mansfield, Tanick & Cohen, P.A. posted in Wrongful Termination on Thursday, April 19, 2012
The dean of the University Of Minnesota School Of Nursing is facing allegations of workplace discrimination and retaliation for terminating an employee after the woman allegedly filed a workplace complaint against her. The dean, however, is not new to controversy. She has already been reprimanded for a previous hiring infraction.
A probably cause ruling was issued by the Minnesota Department of Human Rights in February and could result in mediation or litigation. The current case centers on an employee that was terminated after she reported what she believed to be unfair employment practices. The allegations were reported to the University's Equal Opportunity and Affirmative Action Office. Shortly thereafter, the dean decided not to renew the woman's appointment as an executive assistant.
On behalf of Mansfield, Tanick & Cohen, P.A. posted in Workplace Discrimination on Thursday, April 12, 2012
In a Federal workplace discrimination lawsuit against one of the largest trucking companies in the nation, Iowa's CRST Van Expedited Inc., a recent court ruling may make it more difficult for the victims of discrimination to pursue large discrimination cases against companies in Minnesota and other parts of the Midwest.
The lawsuit was filed by the Equal Employment Opportunity Commission on behalf of dozens of women working for CRST Van Expedited. The women allege they were groped, propositioned and even assaulted by male truck drivers during training rides. The case was expected to draw a judgment addressing workplace discrimination and sexual harassment, but instead got flipped on its head and turned into a trial for the EEOC.
On behalf of Mansfield, Tanick & Cohen, P.A. posted in Workplace Discrimination on Wednesday, April 4, 2012
Current law prohibits employers from discriminating against employees for a variety of factors including race, gender, national origin, religion and disability. Some states set even broader protections which shield pregnant and same-sex employees from workplace discrimination. Due to the recent financial crisis, states are beginning to consider additional protections.
In a number of states, including Minnesota, state legislators are considering bills seeking to prohibit employers from discriminating against the unemployed. The proposed legislation seeks to impose fines for employers that refuse to hire prospective employees simply because they have not been employed for a period of time.
On behalf of Mansfield, Tanick & Cohen, P.A. posted in Workplace Discrimination on Wednesday, March 28, 2012
The recent turn in the economy is apparently not affecting men the same as it is impacting women. According to a recent article in the Star Tribune, the economic recovery is helping men significantly more than it is helping women. This inequitable recovery is surprising, especially since women faired so much better than men during the recession.
Some blame the lopsided recovery on outdated stereotypes that are re-emerging. These stereotypes include employers viewing women as difficult to employ because of child-care responsibilities. In fact, there has been an increase in the number of pregnancy discrimination complaints. In 2007, the U.S. Equal Employment Opportunity Commission received 5,587 pregnancy discrimination complaints. That number increased to 6,300 since the start of the recession.
On behalf of Mansfield, Tanick & Cohen, P.A. posted in Wrongful Termination on Thursday, March 22, 2012
The former senate communications chief for state Sen. Amy Koch is laying the groundwork for a wrongful termination lawsuit on the grounds of gender discrimination.
The former staffer confirmed that he had an affair with Sen. Koch, which led to her abrupt resignation from her leadership post last December. Sen. Koch, a Republican from Buffalo, did not name the staffer with whom she had a relationship.
On behalf of Mansfield, Tanick & Cohen, P.A. posted in Employment Disputes on Thursday, March 15, 2012
The former Director of Education and Research for the Norwegian Consulate in Minnesota is engaged in an employment dispute with the Royal Norwegian Embassy. The woman involved in the dispute filed the suit last summer in Hennepin County District Court. It was later moved to federal court.
The woman alleges that she received significantly less compensation than her male counterpart for doing a similar job. In fact, she alleges that there was a nearly $40,000 disparity in pay.
