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  Oracle Tips by Burleson

Discrimination

Employers cannot discriminate in the process of firing IT employees. There are State and Federal laws that prohibit discrimination against employees based on sex, age, race, color, national origin, religion, handicap, and so on. 

It should be noted that some States have also enacted employment discrimination protections for domestic partners under specific requirements that define such arrangements.

Supermarket Discrimination Case

In a discrimination lawsuit, a supermarket chain agreed to pay $81.5 million to 150,000 past and current female employees who claimed the chain relegated them to dead-end, low-paying jobs. The suit alleged that men with less experience and seniority were promoted, while similarly qualified women were not. The Equal Employment Opportunity Commission (EEOC) subsequently investigated the claims, and the suit was expanded to a class action including all women employed by the chain currently and in the past. The settlement included 535 locations retroactive for a period of years and allowed the EEOC to monitor hiring practices and promotions for up to seven years.

FAST FACT

25 percent of employees surveyed indicated they had experienced job bias in the past.

   - Samborn, R (1990) “Many Americans Find Bias at Work.” National Law Journal, July 16, 1990, p1.

Violation of Public Policy

The termination of an employee may not be in compliance with common law if the reason for the firing violates public policy. Public policy refers to rights created for the public benefit that are not subject to waiver. These rights do not explicitly prohibit discipline or termination, but may, nonetheless, be used in wrongful termination claims.

Examples of public policy rights include serving on a jury, filing for workers compensation, military leave, and refusing requests from an employer to perform unlawful acts.


The above book excerpt is from:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj 

http://www.rampant-books.com/book_2005_1_firing.htm

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