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SAMPLE OF EMPLOYMENT LAW-CIVIL RIGHTS CASES MEDIATED BY LINDA BULMASH, ESQ.
PRE-LITIGATION CASES
Sex Discrimination/Retaliatory-Wrongful Termination: Female plaintiff rose to one
of most successful female managers while working for Defendant for over 20 years. Alleged that she
was passed over for several promotions while less qualified males were promoted and that she experienced
sexist behavior from direct supervisor who retaliated when Plaintiff complained. Plaintiff obtained an
equivalent job after 6 months.
Sexual Harassment/Discrimination/Wrongful Termination: Female Plaintiff worked as
manager at corporation for 10 years and was officer and stockholder for at least 5 years. Alleged
she was sexually harassed by president into having an affair and was then forced out of the corporation
when she refused to continue.
Sexual Discrimination/Harassment at major University: Media sensitive case resolved
before filing. Disputes between department head and six mental health professionals in department before
suit was filed.
Wrongful Termination of Male Manager: Male manager, worked at local radio station for
18 months, was accused of sexual harassment and faced termination. He alleged improper investigation,
defamation, interference with prospective economic benefits. Media sensitive case was resolved prior
to filing.
LITIGATED CASES
Sexual Discrimination: National class action evidentiary panel.
Disability Discrimination, Retaliation: Plaintiff was a three year low level manager
who had received very positive performance reviews, raises and promotions throughout that time. During
her third year, she registered complaints that her new manager had made inappropriate racial and disability
comments during meetings. At the same time, Plaintiff was diagnosed with cancer and received chemotherapy
treatments which caused fatigue and loss of hair. Her manager then began to make derogatory comments
about her appearance and demoted her. Plaintiff filed an internal EEO complaint. Human Resources disregarded
the complaint and did not investigate. Plaintiff alleges that she demoted because of her illness and was
then fired in retaliation for the complaints.
Disability Discrimination/wrongful termination: Plaintiff had worked for Defendant for
four years. She was thereafter diagnosed as manic depressive and took a leave of absence. Plaintiff alleged
that when she returned her employer did not make reasonable accommodations and fired Plaintiff.
Racial/Religious Discrimination; Retaliatory Discharge: Racial/religious minority Plaintiff
working at an airport alleged he was terminated in retaliation for his complaints to superiors about direct
manager and co-workers racial/religious slurs and discrimination. Plaintiff provided documents supporting
these allegations. Defendant alleged that Plaintiff had failed to provide property security precautions
and accepted money to allow a passenger to board plane with luggage that had not been properly screened.
Defendant provided witness statements and ticket stubs.
Sexual Harassment; Constructive Discharge: Sole female private security officer subjected
to hostile environment. She had worked for company for five years with glowing reports. She was promoted
and transferred to new facility where her new manager continuously made sexual comments and innuendo.
Additional problems arose when manager and male co-workers made weekly Friday lunch visits to strip club
and discussed the events in her presence. She complained to manager who responded by criticizing her
appearance, giving her poor performance reports and demoting her.
Racial Discrimination: Peace officer had worked for Defendant city for two years and
had requested special training to meet requirements for position as a police officer. Superior had made
racial comments to Plaintiff and to others in department about Plaintiff's race as well as refusing Plaintiff's
requests for special training programs that were offered only at specific times during year. Defendant
conclusively established that other managers and co-workers had numerous complaints about Plaintiff's work.
Breach of oral contract, Retaliation, Wrongful termination: Plaintiff sales manager was
given stock option incentives to leave prior position and bring list of accounts when he began working for
Defendant three years prior to termination. Plaintiff alleged that he relied on promises to his detriment
and Defendant fired him when he demanded that stock be issued and that he be given increased profit participation
as promised.
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