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	<title>HRBlunders.com &#187; EEOC</title>
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		<title>Score one for employers: EEOC pays attorney&#8217;s fees for frivolous lawsuit</title>
		<link>http://www.hrblunders.com/score-for-employers-eeoc-pays-attorneys-fees-for-frivolous-lawsuit/</link>
		<comments>http://www.hrblunders.com/score-for-employers-eeoc-pays-attorneys-fees-for-frivolous-lawsuit/#comments</comments>
		<pubDate>Fri, 13 Mar 2009 11:00:24 +0000</pubDate>
		<dc:creator>Sam Narisi</dc:creator>
				<category><![CDATA[Dubious decisions]]></category>
		<category><![CDATA[Here comes the judge]]></category>
		<category><![CDATA[In this week's e-newsletter]]></category>
		<category><![CDATA[Latest News & Views]]></category>
		<category><![CDATA[attorney's fees]]></category>
		<category><![CDATA[disability]]></category>
		<category><![CDATA[EEOC]]></category>

		<guid isPermaLink="false">http://www.hrblunders.com/?p=1575</guid>
		<description><![CDATA[Here&#8217;s good news for employers: The EEOC was recently ordered to pay a company&#8217;s legal fees after the agency grossly mishandled an employee&#8217;s frivolous lawsuit. Henry Velez suffered from a rare medical condition that made him unable to sweat. Despite that problem, he worked in manual labor for most of his life. He had one [...]]]></description>
			<content:encoded><![CDATA[<p>Here&#8217;s good news for employers: The EEOC was recently ordered to pay a company&#8217;s legal fees after the agency grossly mishandled an employee&#8217;s frivolous lawsuit. <span id="more-1575"></span></p>
<p>Henry Velez suffered from a rare medical condition that made him unable to sweat. Despite that problem, he worked in manual labor for most of his life. He had one work restriction: He needed to take breaks to cool down.</p>
<p>While working for Agro Distribution, he spent about two years without any problems &#8212; his manager allowed him to take breaks as needed.</p>
<p>Then every employee in Velez&#8217;s position was assigned a new duty &#8212; the unpleasant task of unloading dirty, empty barrels that had been used to feed cattle. Velez told his boss his condition prevented him from helping.</p>
<p>The manager wouldn&#8217;t hear of it &#8212; after all, he&#8217;d been performing similar work for two years. What was different now?</p>
<p>Velez filed a complaint with the EEOC, alleging the company violated the Americans with Disabilities Act (ADA). The agency thought he had a case.</p>
<p>However, the EEOC handled the matter in a way that was less than objective, according to the company. When an investigator came to the facility, she insulted managers, scoffed at their answers to questions and attempted to rephrase their statements to favor Velez.</p>
<p>Afterward, the company claimed it tried to contact the EEOC to offer a settlement, but the agency never responded.</p>
<p>Eventually, the issue ended up in court. The judge agreed with the company that Velez wasn&#8217;t protected by the ADA. And, the court ruled, the EEOC &#8220;failed to conciliate in good faith.&#8221;</p>
<p>The final decision: The case was tossed, and the EEOC was forced to pay Agro&#8217;s legal fees.</p>
<p><strong>Cite: </strong><em>EEOC v. Agro Distribution LLC.</em></p>
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		<title>They wanted younger waitresses; now they have to pay</title>
		<link>http://www.hrblunders.com/they-wanted-younger-waitresses-now-they-have-to-pay/</link>
		<comments>http://www.hrblunders.com/they-wanted-younger-waitresses-now-they-have-to-pay/#comments</comments>
		<pubDate>Fri, 23 May 2008 10:00:30 +0000</pubDate>
		<dc:creator>Fred Hosier</dc:creator>
				<category><![CDATA[Dubious decisions]]></category>
		<category><![CDATA[Latest News & Views]]></category>
		<category><![CDATA[age discrimination]]></category>
		<category><![CDATA[EEOC]]></category>
		<category><![CDATA[harass]]></category>

		<guid isPermaLink="false">http://www.hrblunders.com/?p=154</guid>
		<description><![CDATA[Federal authorities made it plain in this case: There&#8217;s no good reason for age discrimination. Owners of a casino in Laughlin, NV, will pay $200,000 to settle an age discrimination and gender bias lawsuit. Federal officials say the casino&#8217;s former management tried to harass senior cocktail servers into quitting and planned to replace them with [...]]]></description>
			<content:encoded><![CDATA[<p>Federal authorities made it plain in this case: There&#8217;s no good reason for age discrimination. <span id="more-154"></span></p>
<p>Owners of a casino in Laughlin, NV, will pay $200,000 to settle an age discrimination and gender bias lawsuit.</p>
<p>Federal officials say the casino&#8217;s former management tried to harass senior cocktail servers into quitting and planned to replace them with younger ones.</p>
<p>The River Palms Resort &amp; Casino will divide the money among six female waitresses and one male former supervisor, according to wire service reports.</p>
<p>The casino will also have to keep records of all discrimination complaints and provide annual reports to the Equal Employment Opportunity Commission.</p>
<p>The EEOC says the alleged harassment occurred before current owner, Columbia Sussex, bought the casino in 2003.</p>
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