Workplace discrimination

If you're sueing for workplace discrimination by a supervisor can you offer as evidence testimony that other's have been discriminated against by other supervisors in that company?

The US Supreme Court has come down with a ruling on that question. It depends, is there expert response.

Federal rules, the Court said, “do not make such evidence per se admissible or per se inadmissible.” It is up to District Courts, in trying job bias cases (here, an Age Discrimination in Employment Act case), to sort out the fact-intensive nature of such evidence. “Whether evidence of discrimination by other supervisors is relevant in an individual ADEA case is fact based and depends on many factors, including how closely related the evidence is to the plaintiff’s cirfcumstances and theory of the case,” the opinion said.

It's completely up to the trial judge, they rule, and it's wrong for appeals courts to overrule his finding because it's a matter of interpretation of facts not a matter of law whether such testimony should be heard.

Good luck with that.

Bad mouthing your employer on the internet?

Above the Law had asked a hypothetical about a lawyer who posted complaints about working conditions on an internet message boatrd and got fired as a result. Can he sue? A labor lawyer gave him an answer.

It seems that it would hinge primarily on whether he could claim that the complaints where made on behalf of other employees. Even if you're not in a union you'll be protetected by union laws if you're acting "in concert" with other employees.

So, the lesson is that if you complain on the behalf of all your brethern and get fired you should hire a lawyer.