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Lobby General Discussion topic #13391260

Subject: "OK Corporate / Legal" Previous topic | Next topic
imcvspl
Member since Mar 07th 2005
42101 posts
Tue Jun-30-20 06:41 AM

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"OK Corporate / Legal"


  

          

Let's talk discrimination suits. Hypothetically speaking of course.

Feasibility? Odds? Burden of proof?

Imagine a client with a paper trail for a few years of evidence albeit no smoking gun. How would you advise.



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Big PEMFin H & z's
"I ain't no entertainer, and ain't trying to be one. I am 1 thing, a musician." � Miles

"When the music stops he falls back in the abyss."

  

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Topic Outline
Subject Author Message Date ID
You need more than disparate impact.
Jun 30th 2020
1
Hypothetically
Jun 30th 2020
2
      Pay Disparity is tough
Jun 30th 2020
3
           Yeah, you'd have to show a deliberate practice
Jun 30th 2020
4
any idea if the employer carries Employment Practices Liability cvg?
Jun 30th 2020
5
I imagine most mid-size to large firms would have such coverage
Jun 30th 2020
6
All businesses should carry EPLI, including 3d party;
Jun 30th 2020
7
Public
Jun 30th 2020
8
RE: OK Corporate / Legal
Jul 10th 2020
9
What kind of meeting happened with Floyd? Was it productive?
Jul 10th 2020
10
      "we are anti-racist"
Jul 10th 2020
11

Buddy_Gilapagos
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Tue Jun-30-20 09:01 AM

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1. "You need more than disparate impact. "
In response to Reply # 0


  

          

Emails saying some racist stuff would be a winner.

If you got some embarrassing emails, a good demand letter threatening to make public by filing (if the org is big enough) could lead to a quick settlement.

What's the basis for saying racial discrimination? Generally speaking.



**********
"Everyone has a plan until you punch them in the face. Then they don't have a plan anymore." (c) Mike Tyson

"what's a leader if he isn't reluctant"

  

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imcvspl
Member since Mar 07th 2005
42101 posts
Tue Jun-30-20 09:52 AM

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2. "Hypothetically "
In response to Reply # 1


  

          

Evidence of pay disparities.
Say being "written" up by hr for a professional disagreement that made a white woman scared.
Other things.
Hypothetically.

  

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Buddy_Gilapagos
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45190 posts
Tue Jun-30-20 10:32 AM

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3. "Pay Disparity is tough"
In response to Reply # 2


  

          

You would need to show there is no reason for a disparity (experience, same type of work, etc.) and I think you would need to show it's systematic and/or intentional.

I know the someone getting scared thing, and you want an objective third party to show it isn't he said, she said and their reaction was unreasonable.

It's probably worth contacting the EEOC if you no longer work there. It's more of a cost benefit analysis if you still work there.

If you still work there and you think you may get fired soon, I always tell people to make a complaint before being fired. It makes it harder for them to fire you and/or you can claim whistleblower status protections.

**********
"Everyone has a plan until you punch them in the face. Then they don't have a plan anymore." (c) Mike Tyson

"what's a leader if he isn't reluctant"

  

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CIPHA
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Tue Jun-30-20 10:44 AM

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4. "Yeah, you'd have to show a deliberate practice"
In response to Reply # 3


  

          

of underpaying certain people. And, this isn't my area, but wouldn't it only apply to a protected class? And, as an aside, did the new Supreme Court ruling officially make LGBTQ+ (homosexuals and transgender) a protected class?

_____________________________________

"I heard em' say I was a conscious rapper/ but Im a monster when I have to slap the shit out of a nonsense actor" -Talib Kweli, Good To You

  

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lonesome_d
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30407 posts
Tue Jun-30-20 10:51 AM

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5. "any idea if the employer carries Employment Practices Liability cvg?"
In response to Reply # 0


          

hypothetically, it might help.

you know I'm no lawyer but I see this stuff from the employer's side with some frequency, and some surprising claims have gotten paid (while others have surprisingly not). Of course the employer universally says that claims are BS even if they're totally valid.

lmk if you want to talk about it sometime ... would love to catch up my man, hope all is good outside of this issue

-------
so I'm in a band now:
album ---> http://greenwoodburns.bandcamp.com/releases
Soundcloud ---> http://soundcloud.com/greenwood-burns

my own stuff -->http://soundcloud.com/lonesomedstringband

avy by buckshot_defunct

  

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Buddy_Gilapagos
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45190 posts
Tue Jun-30-20 11:06 AM

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6. "I imagine most mid-size to large firms would have such coverage"
In response to Reply # 5


  

          

If you have some embarrassingor radioactive stuff, you can definitely make a quick buck. I've seen 100K payouts on just a strongly worded demand letter.

If it's a complicated nuance situation, much harder.

**********
"Everyone has a plan until you punch them in the face. Then they don't have a plan anymore." (c) Mike Tyson

"what's a leader if he isn't reluctant"

  

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lonesome_d
Charter member
30407 posts
Tue Jun-30-20 11:44 AM

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7. "All businesses should carry EPLI, including 3d party;"
In response to Reply # 6


          

convincing smaller businesses, and occasionally larger ones, of this can prove surprisingly difficult sometimes. Until they have a claim.

-------
so I'm in a band now:
album ---> http://greenwoodburns.bandcamp.com/releases
Soundcloud ---> http://soundcloud.com/greenwood-burns

my own stuff -->http://soundcloud.com/lonesomedstringband

avy by buckshot_defunct

  

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imcvspl
Member since Mar 07th 2005
42101 posts
Tue Jun-30-20 02:17 PM

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8. "Public"
In response to Reply # 5


  

          

As in traded theoretically so should have such things.

>you know I'm no lawyer but I see this stuff from the
>employer's side with some frequency, and some surprising
>claims have gotten paid (while others have surprisingly not).
>Of course the employer universally says that claims are BS
>even if they're totally valid.
>
>lmk if you want to talk about it sometime ... would love to
>catch up my man, hope all is good outside of this issue

Family is good which is the most important part. This is just a hypothetical weight one would want to understand the options of.

Check ur inbox in a few minutes.

  

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imcvspl
Member since Mar 07th 2005
42101 posts
Fri Jul-10-20 08:52 AM

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9. "RE: OK Corporate / Legal"
In response to Reply # 0


  

          

It may not have been clear but person is still at the company and still experiencing systemic racism while the company touts how anti-racist it is. They could leave and find something else but whole industry is this way, devil you know and all that. It's an insular industry where it's suicide to burn bridges, but they have been in it long enough and are almost willing to give it all up if a suit would be lucrative. Basically they are exploring exit strategies.

In the meantime however they will have a meeting with the CEO today about a bullshit project because little racist kids want to pull rank on them for the most minor shit. Mind you this is literally the first meeting they are having with said CEO since Floyd despite being the ONLY black male descendant of slaves at the company. And it will be bullshit. Hopefully they won't get fired today.

  

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legsdiamond
Member since May 05th 2011
66061 posts
Fri Jul-10-20 09:30 AM

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10. "What kind of meeting happened with Floyd? Was it productive? "
In response to Reply # 9


          

As far as the industry.. could pursuing legal action hurt that persons chances to secure another gig?

Good luck to that person on whatever path they decide to take.

shut up already, damn

  

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imcvspl
Member since Mar 07th 2005
42101 posts
Fri Jul-10-20 11:14 AM

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11. ""we are anti-racist" "
In response to Reply # 10


  

          

Well they hypothetically asked for volunteers to have diversity conversations which they claim went well.

  

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