Do you need a lawyer before or after you go to the EEOC?
We often receive calls from potential clients who have just received a “right to sue” letter from the Equal Employment Opportunity Commission (EEOC). Sadly, at this stage it is often too late for us to take the case. If you think you have been discriminated against or retaliated against you have the right to file a charge and asked the EEOC to pursue the claim. The EEOC investigates these claims, and that may take months. Or it may not take long at all. In a tiny percentage of cases, the EEOC will sue your employer if they think you were discriminated against. Most...
Read MoreRetaliation Complaint filed
Attorneys Leto Copeley and Valerie Johnson filed a Complaint today in Wake County Superior Court in the case of Steven Chaffin v. Mastec North America, Inc. dba Advanced Technologies. The Complaint alleges that Mr. Chaffin was terminated from his position of warehouse assistant after reporting a work-related injury to his employer and notifying his employer that he needed further treatment. Represented by Valerie Johnson, Mr. Chaffin won his workers’ compensation case at the North Carolina Industrial Commission. At the Industrial Commission, the employer contended that Mr. Chaffin...
Read MoreFourth Circuit Rules USERRA Retaliation Claim Can Go To Trial
In a recent unpublished opinion, Bunting v. Town of Ocean City, the Fourth Circuit partially overturned a grant of summary judgment and allowed the plaintiff to proceed to trial on his USERRA retaliation claim. USERRA is a federal statute that protects armed service members from being discriminated in employment because of their service. Like other anti-discrimination laws, USERRA also protects against employer retaliation because of filing a USERRA complaint. In this case, a police sergeant filed a USERRA complaint about service-based discrimination and was subsequently denied...
Read MoreSupreme Court Endorses Associational Retaliation Claim
Late last month, in Thompson v. North American Stainless, the Supreme Court unanimously concluded that firing a worker’s fiancé in retaliation for a sex discrimination claim filed by the worker is itself unlawful retaliation under Title VII. The anti-retaliation provision of Title VII prohibits any employer action that “well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.” The Court had little trouble concluding that “a reasonable worker might be dissuaded from engaging in protected activity if she knew that her fiancé would...
Read MoreEEOC Sees Increase in Discrimination Claims
In the past year, the Equal Employment Opportunity Commission (EEOC) has seen 7.2 % in discrimination claims being filed with agency. Coverage here. The EEOC handles charges under Title VII, the ADA, the ADEA, the Equal Pay Act, and GINA. EEOC Chair Jacqueline A. Berrien stated, “Discrimination continues to be a substantial problem for too many job seekers and workers, and we must continue to build our capacity to enforce the laws that ensure that workplaces are free of unlawful bias.” Detailed statistics on the charges filed with the EEOC are available on its...
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