Holman Schiavone, LLC

October 2013 Archives

Causes of truck accidents point to driver errors

One of the leading causes of truck accidents is negligent drivers. Every year, the rate of trucking collisions seems to climb, with causes of truck accidents including situations like inexperienced drivers, tired drivers, improper precautions during inclement weather, aggressive driving, speeding and drivers who are under the influence of drugs or alcohol. Recently, a driver in Missouri was killed after another driver apparently made a fatal mistake.

Ex-Hooters employee files discrimination suit

Missouri readers may be interested to know that a 25-year-old African-American woman claims Hooters fired her because she had some of her hair highlighted. She is suing Hooters for workplace discrimination because she alleges the restaurant chain doesn't impose the same hair color standards on waitresses of other races.

Missouri state mental facility is an unsafe workplace

The Briggs Forensic Center in Fulton is the oldest public hospital for the mentally ill west of the Mississippi River. It is also in such a severe state of disrepair that it may be a violation of the patients' and workers' rights to be inside the structures. The hospital, collectively referred to as Fulton State Hospital, occupies a 95-acre tract of land, which also has other deteriorated structures that are held together with a patchwork of repairs.

Misdiagnosis of breast cancer a common occurrence

In honor of breast cancer awareness this October, it is important to shed light on the frequency of misdiagnosis involved with breast cancer. With policy changes taking over the health care profession today, it is more important than ever for patients to take an active role in researching doctors. Perhaps the best advice is to trust your instinct when it comes to choosing the right health care provider. Missouri health care recipients should be aware of an increasing trend in misdiagnosis and medical malpractice cases, due to the industry's attention shift to policy change and health care access.

Goldman Sachs required to turn over documents

Missouri residents may be interested to hear that Goldman Sachs, the banking and investment giant, is being required by a U.S. magistrate judge to turn over documents related to internal gender-bias complaints. This demand is the result of a group lawsuit that alleges gender-based workplace discrimination by the company. The suit states that Goldman Sachs has regularly discriminated against female associates and vice presidents, specifically in the areas of pay and promotion.

Sexual harassment protection denied to unpaid interns

Missouri students and interns may be interested to know that according to a new ruling by the New York state federal district court, unpaid interns in that state do not receive legal protection for sexual harassment in the workplace. According to the ruling, since the claimant in the case was not being paid for her work, she was not an employee, and, according to the court, no employee protections against sexual misconduct applied.

Serious head injuries feared after Missouri motorcycle accident

Life can change drastically in a matter of seconds. Accidents involving motorcycles happen frequently and commonly result in catastrophic injuries, permanent disability, and an ongoing need for medical care. Recently, a young Missouri man is feared to have suffered serious head injuries after crashing his motorcycle.

Harassment alleged at Missouri Department of Agriculture

Missouri Governor Jay Nixon has replaced the director of the state's Department of Agriculture amid allegations of workplace harassment. The governor gave no official reason for the Oct. 10 move, but it came a day after another senior employee in the department resigned after sending a letter to colleagues describing an atmosphere of disrespect, hostility, fear and intimidation. The Department of Agriculture's workplace environment was also in the news in 2007 when a previous director was forced to resign after being named in a sexual harassment lawsuit.

Head-on collisions in Missouri result in fatalities

Car accidents are typically the most deadly as well as the most common type of personal injury accident. When car accidents result in fatality due to the action of negligent drivers, mourning families and friends are left behind to pick up the pieces. The circumstances are intensified if the loss of a loved one may have been avoided, and when the tragic details are unknown, leaving several questions unanswered. Head-on collisions in Missouri are unfortunately all-too-common, and often result in fatality.

How the Wal-Mart discrimination case changed the legal landscape

Missouri readers may be interested in how a Wal-Mart discrimination case has changed the outlook for women and minorities seeking employment equality. Some believe that the June 2011 decision in Wal-Mart v. Dukes has undone decades of employment discrimination reform. The 5-4 ruling threw out a lawsuit brought by female employees claiming systematic discrimination that resulted in lower rates of pay and promotions.

IBM pays fine to U.S. in discrimination suit

IBM and the U.S. Dept. of Justice have settled a suit involving the tech company's alleged discriminatory posting of employment ads online, which indicated that F-1 and H-1B visa holders were preferred over other candidates. IBM paid $44,400 in civil penalties as a result of the settlement agreement with the U.S. In addition, the company agreed to revise its recruiting and hiring procedures as well as its training of personnel in human resources to comply with the law.

EEOC approves race discrimination lawsuit

The recent furor over "American Idol" has brought attention from Missouri fans. Ten former contestants, all African American men, have filed a joint civil action against the show after having been disqualified on the basis of their arrest, not conviction, records. The men have evidence that several non-black contestants who had arrest records were not disqualified. If this is true, "American Idol" producers would be in violation of Title VII of the Civil Rights Act of 1964.

Causes of truck accidents point to 1 Missouri intersection

Commercial truck accidents are often the result of negligence on part of the driver or the trucking company. Many truck accidents are commonly caused by inadequate training for drivers, faulty maintenance, overloaded trucks and unbalanced loads, faulty brakes, driver fatigue, speeding and reckless driving, substance abuse and inadequate lighting. One recent story out of Hannibal, Missouri, highlights another of the causes of truck accidents by blaming one particularly dangerous intersection notable for the high volume of truck accidents that occur on site every year.

Bank of America found guilty of racial discrimination

Missouri residents may be interested in a racial discrimination case involving Bank of America. In accordance with a ruling by the Department of Labor, the bank must pay approximately $2.2 million in restitution for charges of employment discrimination. The restitution will go to 1,147 African-American job seekers whose applications were rejected. Bank of America has also been ordered to hire 10 of the plaintiffs in the class action lawsuit as appropriate jobs become available.