Skip to main content

Federal Court Rules In EEOC’s Favor, Holding That Fired Employees Are Not Required To Return To School

ROCHESTER, N.Y. -- Finding that employees have no obligation to go to school after they are fired, a federal court in Rochester has denied Dresser-Rand Company’s attempt to limit damages in a long-standing lawsuit between the U.S. Equal Employment Opportunity Commission (EEOC) and the company.

In 2004 the EEOC sued Dresser-Rand, a Houston-based heavy manufacturing company (Civil Action No. 04-6300-CJS in U.S. District Court for the XXX District of New York), for firing Harry Davis, a Jehovah’s Witness and a manual machine tool operator at Dresser-Rand’s Painted Post, N.Y., location, for refusing to work on a part intended for use in a submarine. In 2006 the court denied Dresser-Rand’s attempt to dismiss the EEOC’s lawsuit in its entirety, holding that the jury should decide if an accommodation that had worked in the past – allowing Davis to switch assignments with other employees – could continue.

In 2010 Dresser-Rand attempted to limit Davis’s back pay damages, arguing that he could have gone to Corning Community College for retraining as a computer machinist. On Aug. 11, 2011, the court denied the motion, holding that employees who are fired for discriminatory reasons must seek other employment, and are not required to go to school for retraining. The court said that because Davis had sought and found other employment, the fact that he did not go to school was irrelevant. The court prevented a defense expert from testifying about the fact that Davis did not go to school. A trial date has not been set.

“This decision makes the important point that an employee fired for a discriminatory reason is not required to seek retraining or additional education,” said EEOC New York Regional Attorney Elizabeth Grossman. “An employer cannot turn around and argue that its former employee somehow harmed the employer by not seeking retraining after being fired.”

“Davis did what the law requires: sought and found work with the skills he had when he was fired by Dresser-Rand,” added EEOC Senior Trial Attorney Michael J. O’Brien.

The EEOC is responsible for enforcing federal laws prohibiting discrimination. Further information about the EEOC is available at www.eeoc.gov.

Comments

Popular posts from this blog

15 Gang Members Convicted on Conspiracy, Weapons Possession, Firearms Trafficking Charges Case Follows Recent Convictions of 137th Street Crew and East Harlem Narcotics Trafficking Organization

Manhattan District Attorney Cyrus R. Vance, Jr., announced the results of the investigation and prosecution of one of Central Harlem’s most destructive criminal street gangs, referred to as “ONE TWENTY-NINE” or “GOODFELLAS/THE NEW DONS,” which terrorized the neighborhood surrounding West 129th Street between Lenox and Fifth Avenues. Thirteen members of the gang have previously pleaded guilty to importing, possessing, and using firearms over the course of the conspiracy.

Mortgage Fraud

Manhattan District Attorney Robert M. Morgenthau announced today the indictment of 13 individuals and a mortgage origination company for perpetrating over $100 million in mortgage fraud over a four-year period in the New York City metropolitan area. In addition, 12 individuals have already waived indictment and pleaded guilty to felonies relating to their participation in the mortgage fraud scheme. The indictment charges 13 individuals and the mortgage company, AFG FINANCIAL GROUP, INC., with enterprise corruption, grand larceny, scheme to defraud and conspiracy involving 19 fraudulent mortgage transactions. The defendants include the principals and a number of employees of the mortgage company, as well as bank employees, appraisers, and three attorneys. Two other attorneys are among the defendants who already pleaded guilty. The crimes charged in the indictment occurred between June 2004 and April 2009 with the bulk of the fraudulent closings occurring from mid-2005 through the end of...

DISTRICT ATTORNEY VANCE ANNOUNCES INDICTMENT OF SIX SUBCONTRACTING COMPANIES AND THEIR OWNERS IN MULTIMILLION-DOLLAR FRAUD

Manhattan District Attorney Cyrus R. Vance, Jr., today announced the indictments of six subcontracting companies and their owners for colluding with LEHR CONSTRUCTION CORPORATION (LEHR) in a multimillion dollar scheme that defrauded numerous construction clients over the past decade. See, related story. The announcement comes one day after DA Vance announced LEHR and four executives were indicted on crimes including Enterprise Corruption, the New York State Racketeering law. GODSELL CONSTRUCTION CORPORATION and its owner ARTHUR GODSELL are charged with Grand Larceny in the Second Degree. JT ROSELLE LIGHTING, INC. and its owner JAMES ROSELLE, LIBERTY CONTRACTING CORPORATION and its owners GEORGE FOTIADIS and KEVIN FOTIADIS, PJ MECHANICAL and its owner JAMES PAPPAS, SUPERIOR ACOUSTICS, INC. and its owner KENNETH MCGUIGAN, and SWEENEY & HARKIN CARPENTRY and its owner MICHAEL HAYES are charged with Grand Larceny in the Third Degree.[1] "The defendants in this case cheated clie...