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Discrimination Archives

Can I Sue for Wrongful Termination?

Wrongful Termination.png"I just got fired! Can I sue for wrongful termination?" I hear that a lot from people who've lost their jobs and want legal advice about their rights. My answer is almost always no because under Minnesota law, there really is no such thing as a legal claim for "wrongful termination." And, "wrongful" does not always equate to "unlawful."

Statute of limitations halted during internal dispute resolution process, says Minnesota Supreme Court

The Minnesota Supreme Court ruled this week in Peterson v. City of Minneapolis that the one-year statute of limitations set by the Minnesota Human Rights Act ("MHRA") is suspended while the employer and employee voluntarily engage in an employer's internal dispute resolution process. As a result, employees will now in many cases have additional time to pursue claims under the MHRA.

Tick Tock: Appeals Court Opens Door to Stale Discrimination Claims by Broadly Interpreting Statute of Limitations Tolling Clause

Note: Due to the Minnesota Supreme Court's affirmance of the Court of Appeals' decision in Peterson v. City of Minneapolis, this post has been replaced by Statute of limitations halted during internal dispute resolution process, says Minnesota Supreme Court.

Jack Link's Missing Link: Company Pays $50K to Settle Claim of Ongoing Sexual Harassment

A recently settled Minnesota Department of Human Rights charge against Jack Link's Beef Jerky emphasizes the importance of follow-through when responding to sexual harassment allegations.

Target Settlement Sheds Light on Disparate Impact Discrimination

By now, you've probably read or heard about Target Corporation's agreement to pay $2.8 million to settle an EEOC discrimination charge. Unlike a "disparate treatment" case where the plaintiffs claim that an employer's actions were motivated by discriminatory intent, this was a "disparate impact" case where the EEOC alleged that screening tests used by Target disproportionately excluded applicants on the basis of race and gender and violated the Americans with Disabilities Act.

Supreme Court Rules for EEOC in Abercrombie Dress Code Case

Employers must now use more caution when their dress codes clash with their employees' religious beliefs. That is the result of the United States Supreme Court's June 1, 2015 ruling in EEOC v. Abercrombie & Fitch Stores, Inc.

Supreme Court Slams Brakes on EEOC Lawsuits in Mach Mining, LLC v EEOC

The United States Supreme Court today slammed the brakes on lawsuits started by the Equal Employment Opportunity Commission. Specifically, the Court ruled that because the EEOC has a statutory duty to attempt conciliation before suing, the courts have authority to review whether the EEOC has fulfilled that duty. Giving courts the authority to review EEOC conciliation should stifle what some believe was the EEOC's overly zealous litigation strategy.

Pregnancy Accommodation Case Revived by US Supreme Court in Young v. UPS

In a 6-3 decision the U.S. Supreme Court this week revived Peggy Young's pregnancy accommodation claims against UPS. The high court's decision clarifies how the federal Pregnancy Discrimination Act (PDA) is to be applied to pregnant employees who work for employers that accommodate employees with nonpregnancy-related disabilities.

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