The company says that in additon to the settlement they will take steps to make sure that employees are treated equally going forward.
]]> The lawsuit was brought with the help of the NAACP Legal Defense Fund, which aided a former Wet Seal store manager in bringing her complaint on behalf of about 1,600 other employees who had suffered from similiar discrimination.The lead plaintiff in the case said that the company has committed to creating and enforcing better policies. She also told reporters that the experience of being targeted for termination by the company based on her race was "a nightmare" and that she hopes the lawsuit will lead to better opportunities within the company for employees regardless of what race or ethnicity they are.
This case goes to show how effective it can be when just one person speaks out about wrongdoing at a company. In this case, a single employee has sought and achieved justice for not just herself or the 1,600 store managers who could qualify for a part of the settlement, but also for current and future employees of Wet Seal who will benefit from a fair opportunity to succeed at work.
The recently appointed CEO of Wet Seal issued a statement saying that the company is "pleased to put this matter behind [them]."
Source: Bloomberg Businessweek, "Wet Seal Settles Bias Lawsuit Filed by Black Store Managers," Andrew Harris, May 9, 2013.
]]>While the court did order a new trial to determine whether discrimination against minority applicants was intentional on the part of the city, they left many of the remedies in place to address the fact that the FDNY is predominantly white.
]]> Among many other things, the FDNY will now have to engage in specific efforts to bring in more minority applicants. The department will also need to implement anti-discrimination policies.A previous case from 2007 alleged that the exams administered to applicants at the fire department unfairly disadvantaged minority candidates. In that case, applicants who were not hired or whose hiring was delayed because of the unfair testing are eligible to recieve a portion of the $128 million in back pay collected as a part of the settlement.
Employment discrimination in the hiring process is unacceptable from either public or private employers, but is particularly disheartening to read a case from a government employer like the fire department. Government employers should be able to set an example to the rest of the community to abide by the law and not to unlawfully discriminate against certain groups of people.
Job applicants who are not hired because of their race, ethnicity, gender, religion, or other protected classification have a right to seek a remedy in the form of the job they were denied in addition to back pay for the time they should have been working.
Source: New York Daily News, "Federal court overtruns ruling FDNY intentionally discriminated against minority applicants," John Marzulli, May 14, 2013.
]]>New York has been on the forefront guaranteeing rights to the LGBT community before many other states. This measure was aimed specifically at protecting transgendered employees, who suffer from hiring discrimination, workplace harassment, and wrongful termination because of their gender expression.
]]> The law defines the non-discrimination rights as an extension of human rights laws in New York. The bill's sponsor told reporters "No New Yorker should fear losing a job or home because of their gender identity."In addition to expanding employment law protections, GENDA also explicitly expands the definition of a hate crime to include violence against transgender people. This is important because a hate crime has increased penalties compared with a simple assault.
After the law is signed by the governor, New York employees who experience harassment on the job or who have been treated unfairly or fired because of their gender identity will be able to pursue an action against their employer.
Workers who have been passed over for a promotion, for example, will be able to start an action to get that promotion or a similar role and can seek back pay for the time that they were unfairly denied the job that they were qualified for. In some cases employees can seek a change in workplace policy such as increased anti-harssment training, as a part of their settlement agreement.
Source: North Country Gazette, "Assembly Passes GENDA, Protects Transgenders," May 2, 2013.
]]>The governor also acknowledged an imbalance of gender within his own team of advisors, noting that he would work to correct the fact that his staff is mostly comprised of men.
]]> Wage discrimination, sexual harassment, and hiring discrimination against half of the population is a major problem in New York workplaces and elsewhere around the country. Women have a right to be treated equally and not to miss out on pay, benefits, promotional opportunities, or be in any other way disadvantaged at work becuase of their gender.The governor pointed out that the modern women's movement seeking the right to vote started in New York in Seneca Falls, adding to a rich legacy of leading the nation in civil rights issues.
Women are protected from discrimination by current federal and state laws, but many advocates argue that current policies do not go far enough in addressing the root causes of lingering gender discrimination. For example, there are many subtle ways in which women can be subject to pregnancy discrimination, such as by being denied reasonable accomodations for pregnancy-related illnesses or an appropriate amount of maternity leave when they need to take time away from work to care for a new baby.
Source: Capital New York, "Cuomo says 'we still discriminate against women,' and proposes a remedy," Dana Rubinstein, May 6, 2013.
]]>Employers are not allowed to retaliate against employees for taking FMLA leave. And, as a recent incident in New York shows, they are probably better off not commenting on it one way or another.
]]> The incident involved a lawyer at a large law firm in New York. She took a protected FMLA leave just as the financial crisis was reaching its peak. The firm had been struggling as the economy was getting worse.After she returned, the woman had a conversation with a partner who was attempting to give her some career advice. The partner commented that the woman's skills and client relationships were suffering because she spent too much time away from the office.
Later, the woman terminated from her job during a wave of layoffs. She sued, claiming that she her job taken away as retaliation for taking FMLA leave.
Ultimately, the court ruled in favor of the employer. It found that the employer had significant evidence to show that the layoff was supported by financial troubles and bad economic conditions.
Still, the case highlights the importance of listening carefully to what your employer says if you decide to take FMLA leave. Employees have a right to report and take action against any retaliatory behavior.
Source: Business Management Daily, "Remind bosses: No comments on FMLA use," April 24, 2013
For more information on the FMLA rights of New York employees, please visit our website
]]>In this employment case, the jury agreed that the 32 men, who suffer from intellectual disabilities, were discriminated against by the company because of their disabilities. In this particular matter, the employees were subjected to a hostile work environment for approximately 20 years.
]]> In 2012, a district court judge had ordered Henry's Turkey Service to compensate the aforementioned employees $1.3 million for unlawful wage discrimination. The company was paying disabled workers $70 less than other employees each month.Moreover, in the original case, the bosses of the company subjected the 32 disabled persons to verbal and physical harassment. Employees were teased about their conditions and kicked on the job. Moreover, they were forced to carry heavy weights around the workplace as a form of humiliation.
Fortunately, the Equal Employment Opportunity Commission stepped in, and the abused workers will receive the compensation that they deserve. Specifically, each victim will receive $2 million in punitive damages and $5.5 million in compensatory costs.
The case is a tragic one. Innocent, hardworking employees were humiliated and abused because of their disabilities, and even worse, a company enabled the discrimination to go on. The actions stripped the workers of human dignity.
Hopefully, the company has learned its lesson. After all, this is one of the heftiest employment discrimination awards in EEOC history.
If you have been discriminated at the workplace based on your disability, you should know that this is illegal. To learn more about your employment rights, you may benefit from speaking with a skilled employment law attorney in your area.
Source: Examiner.com, "EEOC wins $240 million employment discrimination jury," Asher Adelman, May 2, 2013
]]>While one police with copper-colored locks told scoffed at the idea that he was a protected class of minoriy, federal officials confirmed that discriminating based on hair color is generally considered illegal. If this seems silly, consider the fact that hair color and skin pigment are also associated with certain racial and ethnic groups, and that federal and state laws ban discrimination on that basis.
]]> It follows to reason then, that banning discrimination against red-haired police officers or others with unusual features could help protect employees from wrongful termination based on their ethnicity or national origin.People with red hair are more frequently from British and Irish origin than others, so harassment based on their complexion maybe be a form of national origin discrimination. A spokesperson for the EEOC said "it's an innocuous-seeming criteria, but if it has a 'disparate impact' on a certain racial group, it could be considered the basis of discrimination."
The NYPD has one of the most diverse forces in the country, but officers of Irish decent say that they have face ridicule and physical harassment on the job. One told reporters that he is beaten up and chased at work for having red hair and has been called a "red headed devil" by coworkers.
What do you think - should New York officers abide by this order? Or are current protections based on nationality and ethnicity sufficient to maintain equality in New York workplaces?
Source: New York Post, "NYPD warns officers not to discriminate against redhead cops," Brad Hamilton and Candice M. Giove, April 21, 2013.
]]>The Affordable Care Act allows employers to impose fines on employees who engage in unhealthy behavior or to financially reward those who are particularly healthy. This program and others like it are giving some New York employees pause as they consider the potential reprecussions of sharing such personal data with an employer. There are also some serious concerns that these programs could lead to disability discrimination as employers seek to lower costs by penalizing obesity.
]]> In the past, courts have found that discrimination against overweight employees could be considered disability discrimination. These decisions have been a part of the growing recognition of the genetic and environmental factors that can lead to obesity, as well as the very real difficulties that some obese employees can experience in the office environment.Still, as companies seek to cut costs, healthcare for employees has been at the top of the list. Studies show that between 50 and 60 percent of the healthcare costs for employers are linked to medical conditions that could be improved or avoided through exercise, dieting, and stress management. This information has led employers to create incentive programs to encourage employees to join gyms, choose healthier options at the cafeteria or vending machine, and to take on a larger portion of their own healthcare costs that are not related to preventative care.
What do you think - is it fair to fine employees who are less healthy than others? Or is it simple disability discrimination to target those who are overweight?
Source: Forbes, "Coming to workplace near you: Fines for being fat?" Katherine Reynolds Lewis, April 15, 2013.
]]>The New York Attorney General asked the NFL to address these allegations and prove to fans that they were not engaging in discriminatory hiring practices. While it is not illegal in all 50 states to discriminated based on sexual orientation, it is illegal here in New York and in several other states where the NFL has franchises.
]]> Recently, the NFL and the Attorney General reached an agreement on this issue and the league will now be taking some significant steps toward enforcing their existing anti-discrimination and harassment prevention policies. These steps include distributing their policy in various forms and including content about harassment based on sexual orientation during rookie training programs. The league will also begin investigating complaints about discrimination based on sexual orientation and will take steps to insure that employees who raise concerns have their confidentiality protected.These are positive and helpful steps for the NFL to take, especially because of their status as a large employer in states across the nation. This sets a good example for other large companies and professional sports leagues to follow and will hopefully encourage the spread of strong anti-discrimination policies that protect LGBT employees.
Source: CBS Sports, "NFL, NY attorney general reach deal on anti-discrimination agreement," Mike Freeman, April 23, 2013.
Information about New York employees who have been discriminated against based on their sexual orientation can be found on our website.
]]>Without commenting on the merits of her claim, the judge dismissed the suit, saying that it did not belong in New York's primary state court.
]]> In order to file a lawsuit in New York State (or any state for that matter) the courts here must have proper jurisdiction over all the parties involved. To have proper jurisdiction over a defendant who does not live here, there must be some other tie to the state. Often that tie is the incident itself that gave rise to the lawsuit, but it could also be business interests in the state or property owned within the state.In this specific case, the harassment allegedly took place in Russia and London, and the U.S.A. basketball team is based out of Colorado. As a result, the judge found that there was no sufficient tie to New York as an appropriate court for this case.
This example shows how important it is to have the right procedures in place when pursuing a workplace harassment suit. Regardless of the merits of the case and whether or not her allegations are true, this coach now has to start over with another lawsuit in another state.
Source: Reuters, "Judge tosses discrimination suit against U.S. basketball coach," Joseph Ax, April 17, 2013
Information about the rights of employees who are harassed at work can be found on our website.
]]>In 2011, the United States Supreme Court reviewed allegations that a nationwide group of Walmart employees made about policies and procedures that systematically disadvantaged women. The retailer has argued that the cases are not similar enough to be considered as one in a class action lawsuit and that each individual who believes they have a claim should file separately.
]]> Class action lawsuits are an important tool for employees in these types of situations who may not have the resources as individuals to pursue a legal claim but who can hire an attorney and pursue the action as a larger group. Class actions are also valuable where the monetary value of an individual claim is small but the collective effect is significant to a large corporation.Following the Supreme Court decision, plaintiffs from different regions of the United States divided their claims into five different regional lawsuits, hoping to satisfy the Supreme Court's request that the allegations in each claim within a given class action be substantially similar or the same.
The first of the regional cases filed a petition to be certified as a class in a federal district court and will be the first to receive a decision on whether they can proceed. The lawsuit has been in the courts since 2001 when a woman working as a greeter in a Walmart store first claimed that she was being passed over for promotions because of her gender.
Source: Thomson Reuters News & Insight, "Wal-Mart plaintiffs, in second try, hope to distinguish case," Carlyn Kolker, April 17, 2013
Information about the rights of New York employees who face gender discrimination can be found on our website.
]]>As many New York readers are aware, it is illegal to discriminate against employees who have a disability. However, there are many physical conditions where it is unclear whether or not the worker is disabled and the law has not completely clarified these issues. Pregnancy-related disabilities are one such area, even though the Americans with Disabilities Act has been amended to include them. The EEOC has issued guidelines previously, but employers are still failing to treat pregnant women fairly under the law.
]]> In one of the two cases, a woman suffered from carpal tunnel syndrome during her pregnancy, making it impossible to continue to lift large bags of laundry as a part of her job as a cleaner in a hospital. After providing her employer with a doctor's note explaining the issue, she was still unable to get an accommodation and eventually had to take unpaid leave under the Family Medical Leave Act. She says that instead she should have been given tasks that did not require lifting so that she could remain at work.The other case also involves heavy lifting, but this time for a parcel delivery company. According to that complaint, the company did make an accommodation and gave the employee a lighter-duty job, but also categorized it so that she would not accrue seniority or benefits during the time that she was working in the substitute job.
Source: Thomson Reuters News & Insight, "Two new cases seek to clarify pregnancy discrimination laws," Anna Louie Sussman, April 1, 2013.
Information about pregnancy discrimination in New York is available on our website.
]]>Despite the obvious fact that is illegal to discriminate against an employee based on their gender, pay inequality is still a huge problem in this country, as women continue to be paid less for doing the same work as men. Nationwide, women are still paid only 77 cents for each dollar that a man is paid.
]]> This week marked the annual Equal Pay Day, established to highlight the problem of wage discrimination. Advocates used the opportunity to renew the discussion on the Paycheck Fairness Act, a bill that was introduced in 2009 but has not become a law, which would make it illegal for employers to pay men and women differently for the same work and would ban retaliation for equal pay complaints.Still, one of the sponsors of the Paycheck Fairness Act says that they have faced significant opposition from lawmakers who deny that this is a problem or who argue that forcing companies to pay women equally would harm businesses. This argument can be hard to come to terms with as so many families struggle to make ends meet, but does seem to be holding some sway among lawmakers.
Those who support the measure point out that in addition to affecting women, unequal pay also affects whole families who must live on less money.
Source: U.S. News and World Report, "It's Equal Pay Day, but Still No Paycheck Fairness Act," Lauren Fox, April 9, 2013.
Information about gender discrimination and the wage gap can be found on our Queens employment law site.
]]>In this particular case, the man claims he was subject to "an outrageously offensive conversation" between managers at the dealership, which included gay insults. Subsequent to the statements, the man complained to the general manager at the dealership, noting the offensive language of discrimination. The former employee notes that the manger did not respond to his complaint. Once his colleagues learned of his infection, he was subsequently fired, without a legitimate reason.
]]> The alleged victim filed his suit with the Supreme Court of the State of New York County. The man alleges sexual orientation discrimination and retaliation under the New York City Human Rights Law. He is suing for $4 million.The New York City Human Rights Law prohibits discrimination on the basis of "age, race, creed, color, national origin, sexual orientation, military status, sex or marital status" in employment, housing, education, credit and access to public accommodations. However, depending on your particular case and allegations, there are many avenues for recovery under both state and federal law. For example, the Americans with Disabilities Act Amendments Act of 2008 simplified the definition of "disability," which now includes HIV infection as an impairment under the revamped definition. This is another possible option for victims of discrimination.
If you have been discriminated against based on sexual orientation or illness, contact an experienced employment law attorney in your area.
Source: ABC News, "New York Man Says He Was Fired For Having HIV," Susanna Kim, April 4, 2013
]]>The former employee says that while she worked for the banking giant, she endured discriminatory comments from coworkers and her supervisor, who make remarks about her pregnancy and her gender. When she complained about the discrimination, she says her supervisor retaliated against her by denying a bonus, even though she had performed well that year, bringing in over $40 million in business for the bank. She was fired shortly after she returned to work from maternity leave earlier this year.
]]> The bank claims that it was simply laying off many employees as a result of general cutbacks, but the woman in this case says that the layoffs were an excuse to fire female employees who were "problematic" for the company. The layoffs targeted women, who the lawsuit says were already a small minority of employees at the bank.The bank is facing another lawsuit being handled by the same New York plaintiff's attorney, who told reporters that gender discrimination is a systemic problem there.
Workers in New York should know that they do not have to put up with gender discrimination or retaliation in the workplace. As this case shows, both state and federal laws protect employees from being fired based simply on their gender, or based on the fact that they are pregnant or took maternity leave.
Source: Thomson Reuters News & Insight, "Deutsche Bank faces new sex discrimination case," Carlyn Kolker, April 2, 2013.
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