Employer Loses the Conciliation Argument

     A federal court recently held that the EEOC's failure to follow its statutory requirement to conciliate before filing a lawsuit is not a defense to the lawsuit.  Title VII states that "if the EEOC finds cause to believe that discrimination occurred, it must first attempt to conciliate the dispute with the employer before it runs to court to file a lawsuit."  This provision is meant to preserve Title VII's overall goal to expeditiously resolve employment discrimination matters without the expense of litigation. 

     In this case, EEOC v. Mach No. 3:11-cv-879 (S.D. Illinois December 20, 2013), the employer argued that the EEOC did not attempt to conciliate the case in good faith, and that since it ran short of resolving the matter outside of filing a suit, it should be barred from being able to file a suit.  However, the court disagreed.  The Seventh Circuit concluded that a court may not question the EEOC’s conciliation efforts, and an employer may not use the EEOC’s failure to conciliate as a defense to a Title VII claim.  This decision can only come to empower the EEOC over the employer in future cases.

If you are the victim of discrimination in the workplace, please contact Ambuter Law for your free case evaluation.

New OSHA Proposal

     On November 7, OSHA proposed a new rule to better track injuries and illnesses in the workplace by electronically reporting them on a quarterly basis.  The proposal does not add any new requirement to keep records; it only modifies an employer's obligation to transmit these records to OSHA.

     The new proposed rule will modify section 1904.

•  The first proposed change is for establishments with more than 250 employees (and who are already required to keep records) to electronically submit the records on a quarterly basis to OSHA. 
• The second proposed change will be that establishments with 20 or more employees, in certain industries with high injury and illness rates, be required to submit electronically only their summary of work-related injuries and illnesses to OSHA once a year.  
• The third proposed change is that OSHA will require all employers who receive notification from OSHA to electronically submit specified information from their section 1904 injury and illness records to OSHA, or OSHA’s designee.

     OSHA plans on posting this data online.  The timely, establishment-specific injury and illness data will help OSHA be more effective by identifying workplaces where injuries and illnesses are more prevalent (which put workers at a greater risk), and enable employers to compare their injury rate to others in the same industry.

     The public will have 90 days, through February 6, 2014, to submit written comments on the proposed rule.  OSHA will hold a public meeting on January 9, 2014 in Washington, D.C.

If you are working in a hazardous environment or are the subject of discrimination, contact Ambuter Law for your free case evaluation.

So you think you have an employment case....

     So you think you have an employment claim against your employer?  Here are a few things that can help build your case.

Take Notes.  Take notes and keep a journal describing your employment claim in detail.  If discriminatory comments were made towards you, make sure you write down the comment along with the name of the offender and the day.  Just make sure to do this after work and on your own time - not company time.

Contact HR/Ethics Hotline.  Most employees are afraid to contact Human Resources or their company's ethics hotline in fear of retaliation.  While retaliation may be the reality for some employees, it's not the case for most.  Also, if you don't give your employer the opportunity to know about the work situation, they won't be able to fix it.  You can bet that if you don't make them aware of the problem, they'll use this as a defense down the road.  So, scary as it may be, let Human Resources in on the problem.

Be Honest.  Be honest about the situation at work.  Don't over embellish, or state things that didn't really happen.  This doesn't do anybody any good.

Hire An Attorney.  If you've made your company aware of the problems at work, but they refuse or fail to remedy the problem, it may be time to contact an attorney.  Make sure to hire an attorney who handles your type of case.  And follow the above rule - be honest.

If you are employment related claim, please contact Ambuter Law for your free case evaluation.