Missouri bill would make it harder to sue for discrimination

If you don’t like getting sued for discrimination, just make it harder to sue.

That seems to be the theory underlying a bill pending in Missouri House of Representatives that was recently endorsed by the University of Missouri system.

The proposed bill would make it harder to sue by raising the level of proof in lawsuits alleging discrimination in employment, housing and public accommodations. It also would bar the award of punitive damages against “public entities.”

The University of Missouri Backs the Controversial Measure

The Missouri legislature’s Special Committee on Litigation Reform, which held a hearing on the bill last week, appears to be less than interested in opposing views. Committee Chairperson Bill Lant cut off the microphone of Missouri NAACP President Rod Chapel, who said the measure would expand discrimination and represents a form of “Jim Crow.”   Lant, a Republican, also refused to allow a committee member to ask questions of Chapel.

Minutes before Chapel was silenced,  the Columbia Daily Tribune reports that Marty Oetting, lobbyist for the University of Missouri, told the committee that UM supports the bill, especially the part barring anyone winning a lawsuit from receiving punitive damages from public entities. The university system is currently facing two discrimination lawsuits,

The university claims workers receive sufficient protection under federal law and do not need the enhanced protections of the state’s anti-discrimination law.

The driving force behind the bill is Missouri State Sen. Gary Romaine, the owner of a “rent-to-own” furniture business that is currently a defendant in a race discrimination lawsuit.  Romaine couched the bill as a way of “reforming Missouri’s legal climate and improving our ability to grow existing businesses and attract new employers.”

The proposed bill would essentially adopt the current standard of the federal Age Discrimination in Employment Act of 1967 for all victims of race and sex discrimination. Workers would have to show that discrimination occurred “because of” discrimination rather than meeting the lesser standard of showing that discrimination was a motivating factor.

Twitter To Tackle Abusive Tweets

Twitter is wading into waters that many employers continue to avoid –  the problem of abuse and harassment on its platform.

Twitter’s vice-president of engineering, Ed Ho, stated in a  blog post  Tuesday that Twitter’s primary focus in the weeks ahead will be “making Twitter a safer place.”

Specifically,  Twitter plans to:

  • Identify people who have been permanently suspended and stop them from creating new accounts.
  • Establish a “safe search” protocol that removes Tweets that contain potentially sensitive content and Tweets from blocked and muted accounts.
  • Collapse potentially abusive or low-quality tweets so the most relevant conversations are brought forward. Users will still have the option to  see the “less relevant” Tweets.

If Twitter can address the problem of abusive conduct on its massive international social media platform, shouldn’t employers address the problem in their workplaces?

Twitter already has expanded its Mute tool, which lets people  block  keywords, phrases and  conversations they do not want to see.  Last year, Twitter updated its block button so users could avoid tweets from blocked users altogether.

“We stand for freedom of expression and people being able to see all sides of any topic. That’s put in jeopardy when abuse and harassment stifle and silence those voices.We won’t tolerate it, and we’re launching new efforts to stop it,” writes Ho.

 

Fox News: The Cost of Sexual Harassment

Fox News has gone from being the stolid and leading voice of conservatism in the United States to a network wracked with turmoil.

This week, it was announced that Fox  is losing it’s leading on-air female personality, Megyn Kelly, 46, who is moving to NBC. Her 9 p.m. show, “Kelly File,” was the second-highest rated in cable news. Kelly reportedly eschewed an offer from Fox for more than $20 million per year to extend her contract and stay.

Fox’s turmoil began last Fall when its parent company, 21st Century Fox, paid $20 million to former Fox News anchor Gretchen Carlson to settle a sexual harassment suit filed against Roger Ailes, 76, who led the Fox News network for 20 years. Since then, more than 20 former and current female employees at Fox News, including Kelly, came forward to complain about sexual harassment by Ailes dating back to the 1960s.

Whether or not sexual harassment spurred Kelly’s departure, it played a role in destabilizing the network and made Fox appear vulnerable to other networks in search of top talent.

Clearly, 21st Century Fox was the major loser in this debacle.

At the end of the day, 21st Century Fox’s losses will be staggering. [Read more…]

Bloomberg Articles on Age Discrimination in Employment

I am excited to be quoted in a series of excellent articles addressing the problem of age discrimination in employment published today by Bloomberg’s Daily Labor Report.

The main article, by Patrick Dorrian, J.D., is Talkin’ ‘Bout All Generations: Workplace Age Diversity Lacking. It touches upon themes that I have explored  in my book, Betrayed: The Legalization of Age Discrimination in the Workplace,  and in this blog and my other blog devoted exclusively to age discrimination. These themes include actions by the Obama administration and Secretary of Labor Thomas Perez that have encouraged age discrimination in hiring, both in the federal government (our nations largest employer) and nationwide.

A second article, Many Wrinkles in Age Diversity, addresses how age discrimination uniquely and negatively effects women both when they are in the workplace and later, when they are living in poverty or near poverty on Social Security.

It is encouraging to see a national media outlook address these real problems that have affected millions of older Americans for years – problems that have been unaddressed even by supposed advocates for this population group.

Ultimately, nothing will or can change until Americans become aware of the prevalence and consequences of irrational and harmful age discrimination in employment which, by the way, they subsidize through their tax dollars in higher social welfare costs.

Thumbs up to Bloomberg!