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Posts tagged "Minnesota"

Minnesota police officer sues city for age discrimination

With baby boomers reaching retirement and still being such a large part of the American workforce, age discrimination is a growing concern. In Minnesota, the Age Discrimination in Employment Act and the Minnesota Human Rights Act prohibit Minnesota employers from discriminating against employees based on their age. The following is a description of an age discrimination case filed by a high-ranking member of the Eveleth Police Department.

According to recent reports, a high-ranking member of the Eveleth Police Department in Northern Minnesota is suing the city for workplace discrimination. The officer alleges that he was passed over for the position of chief because of his age. The officer has been with the Eveleth Police Department for nearly 30 years. In addition to his seniority, the officer has over 20 years of supervisory experience and occasionally filled in as the acting police chief.

Minnesota Walmart workers join in nationwide protest

A massive strike against the big box superstore Walmart has spread to nearly 12 cities nationwide. This is the very first retail worker strike against the store in the company's history. The massive employment dispute began in early October when workers walked off the job in a number of cities including cities in Minnesota. According to reports, the store walkouts included 88 workers from 30 stores, a small percentage of the company's overall workforce.

As stated in a United Food and Commercial Workers press release, the employment-related disputes are in response to allegations that the company retaliates against workers for speaking out about needed store improvements. Among the many issues that workers are protesting are the stores low pay and lack of benefits.

Age discrimination increasingly common for job seekers

Workplace discrimination comes in many forms. Most workers are familiar with cases involving allegations of race and sex discrimination, or even disability discrimination. More and more, however, job seekers are filing complaints alleging age discrimination. Minnesota workers might find the following article on age discrimination in the U.S. interesting.

According to a recent study that surveyed more than 5,000 job seekers, boomers are taking the longest time to find work. The study compared job seekers from various generations and noted that 25 percent of Baby Boomers have been searching for jobs for over a year, whereas only 17 percent of job seekers from Generation X and 10 percent from Generation Y have been looking for work for that same amount of time. This is a significant statistical difference; especially considering the amount of experience boomers bring to the table.

Wal-Mart faces more lawsuits from employees in April

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.

U of M nursing dean accused of workplace discrimination

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.

The expanding scope of workplace discrimination

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.

Is gender discrimination to blame for women falling behind in job market?

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.

Minnesota senate staffer expected to file lawsuit for wrongful termination

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.

Minnesota woman sues Norwegian Embassy for unequal pay

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.

Minnesota has broader protections for employees on family leave

Comedy Central host Stephen Colbert was recently absent from his television show and reportedly took a leave to care for his aging mother. For someone like Colbert, returning to work is probably not something he is worried about. But for those without a television show, returning to work is not always guaranteed, even if an individual is taking leave to care for a sick or aging loved one.

The Family and Medical Leave Act became law in 1993 under President Bill Clinton. The law provides a number of protections for workers and their family members. Under the law, employees are granted 12 weeks leave to care for a family member, to care for a newborn, or because of a serious health condition. After the 12 weeks, the employee has the right to return to their previously held position.

Could proposed legislation threaten employee rights in Minnesota?

The Minnesota House of Representatives recently passed a number of bills to limit the cost of employment lawsuits to local businesses. Some state representatives believe the new legislation will make the state more competitive. However, others see the new legislation as a way to limit justice in employment disputes.

Minnesota Republicans led the legislative battle with some Democrats breaking rank. The legislation ultimately passed along party lines, with the 10-vote Republican majority making the difference. Democrats made a number of attempts to introduce amendments to protect plaintiffs, but all were voted down.

Workplace discrimination on the rise in Minnesota and nearby states

According to the Equal Employment Opportunity Commission, workplace discrimination complaints are on the rise in the northern Midwest. In the three-state area served by the EEOC's Minneapolis office, federal workplace discrimination complaints increased by four percent between 2010 and 2011.

According to data released by the EEOC's Minneapolis office, 1,157 workplace discrimination complaints were filed in 2010. In 2011, that number increased to 1,203. The acting director of the EEOC's Minneapolis office stated that these numbers show that workplace discrimination still exists.

When do pay discrepancies violate the Equal Pay Act?

Several female employees at a Minnesota power company are claiming their employer violated the Equal Pay Act by compensating women less than men for the same work. All four women work in a field representative position with the company, and they are stationed at two different Minnesota locations. These allegations would fall under a type of sex discrimination, as the company would allegedly be discriminating based on gender. The women are also charging the company with a Minnesota Human Rights Act violation.

The company hires field representatives, like the four women, to collect on past due bills and administer shut-offs when customers fail to pay. According to the company, the field reps are chosen from other jobs at the same company and the pay is based on previous earnings.

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Mansfield, Tanick & Cohen, P.A.
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