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Donald Trump, the Republican Presidential nominee, caused a stir (again) by answering a reporter’s question about sexual harassment by saying that if his daughter Ivanka were to face it, he would, “advise her to find another career or find another company.” Attempting to clarify his father’s remarks, son Eric Trump said his sister, “wouldn’t allow herself to be subjected” to sexual harassment. woman

These comments came soon after Fox News chief Roger Ailes was accused of sexually harassing a slew of current and former female staff members, including one-time Fox & Friends host Gretchen Carlson.

Wherever you stand politically, it’s necessary to point out that victims of sexual harassment should not have to change careers or jobs because of the illegal behavior of their co-workers. Sometimes sexual harassment victims do end up taking this course of action when the abuse and/or harassment becomes so severe, though it’s worth noting that not everyone has the option of such fluidity in their jobs or careers. Beyond that, some don’t want to leave their jobs or careers, either because they love it or they need the money. Those who find themselves forced out of the workplace or having suffered some other negative outcome on their careers. In those cases, it is absolutely worthwhile to explore a sexual harassment lawsuit.  Continue Reading ›

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The U.S. Seventh Circuit Court of Appeals has found that sexual orientation is not a protected class under Title VII, which means it’s now in the hands of Congress to take action to change existing law if LGBTQ employees are going to be allowed the right to sue. The other alternative would be for the U.S. Supreme Court to take on this case or one similar and decide differently. sadness

In the Indian case of Hively v. Ivy Tech Community College, the court noted that this was not the first time it had been asked to consider whether Title IV of the Civil Rights Act of 1964 shields workers and provides an avenue for dispute resolution (usually stemming from claims of discrimination against members of the LGBTQ community). However, the court noted that in this case, the court was deciding the matter “in the shadow of criticism from the EEOC,” which alleged the 7th Circuit and others have continued to reflexively declare sexual orientation is not protected under Title VII/

The court noted the Equal Employment Opportunity Commission had questioned the court’s acceptance of cases born of gender non-conformity discrimination, even as it rejected sexual orientation discrimination cases. Even in the face of this criticism, however, the federal appeals court held once again that because the claim was solely for discrimination based on sexual orientation, it was beyond the scope of the statute.  Continue Reading ›

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The board of education in a small city in New Jersey has paid $45,000 to settle a claim of racial discrimination that alleged a white woman was passed over time and again for assistant principal jobs that instead went to less qualified black workers. checkingtheinternet

Such cases of “reverse discrimination” in the workplace are rare, but they can sometimes prevail. It will depend heavily on the circumstances.

Bear in mind too: The U.S. Supreme Court’s decision in Fischer v. University of Texas did uphold affirmative action in the education system when a white student alleged the university used her racial identity as a white person as a mark against her to admit less qualified black and minority students. That was characterized as a gross oversimplification of the university’s policy, which the court ruled did not violate plaintiff’s Fourteenth Amendment guarantee of equal protection.  Continue Reading ›

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It’s been more than a decade since FedEx was first accused of driver misclassification by drivers for the company. The cases quickly began to pile up – ultimately some 12,000 from 20 states. tractortrailerwheels

As the multi-district litigation was combined into one action that crawled forward, a whole new generation of employee misclassification lawsuits were filed against other companies.

It’s only now, in 2016, that the company is proposing a settlement with drivers whom it formerly called independent contractors. The allegation has long been that the company hired them to work as “independent contractors.” They were paid as such, but they weren’t treated as such. In considering whether the classification was proper, courts were analyzing the level of control the company had over the workers, including facts like:

  • Drivers were required to drive trucks that were branded with the FedEx logo;
  • Drivers were required to wear FedEx uniforms;
  • Drivers had to use FedEx scanners;
  • Drivers weren’t free to turn down jobs if they wanted to keep working for the company.

Continue Reading ›

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A recent lawsuit filed by a Colorado judge alleges that female prosecutors, assistant city attorneys and other judicial officers make tens of thousands of dollars less on average than their male peers. That’s according to a recent lawsuit filed by a top-level career services judge, who asserts she earned less than male workers whom she supervised. womenworking

The gender discrimination lawsuit was filed in a federal district court in Denver by a plaintiff who alleged that when she complained about this discrepancy, her superior demoted her. She is now seeking compensatory damages and injunctive relief.

The lawsuit asserts that female workers in both the city’s district attorneys’ office and city attorney’s office were paid less than their male peers who worked the same jobs. In the city attorney’s office, men who worked in both non-supervisor and supervisory roles earned on average between $21,000 and nearly $23,000 more than their female counterparts. Meanwhile, in plaintiff’s district attorney’s office, men who worked in both non-supervisory and supervisory roles made between $8,000 and $11,200 more than the women who worked the very same jobs in the same office. They also generally are not given the same job titles as the men in their offices – even when they are largely performing the same work.  Continue Reading ›

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Two large technology companies are facing down age discrimination lawsuits, according to recent news reports. One has been filed by the Equal Employment Opportunity Commission (EEOC) and the other personally by a California man. businessmanwalking

The EEOC case has been filed in a federal court in San Francisco against tech giant Google, while the other is against Hewlett Packard in San Diego.

Age Discrimination in Employment Act of 1967 (ADEA) protects people who are over the age of 40 from employment discrimination on the basis of age. The law protects both applicants for jobs and current employees. It covers a host of actions, including:

  • Hiring
  • Firing
  • Promotions
  • Benefits
  • Layoffs
  • Compensation
  • Job Assignments
  • Training

Continue Reading ›

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Amid allegations of sexual harassment, Fox News is reportedly ousting 76-year-old CEO Roger Ailes.womanportrait

An internal investigation was launched after former Fox & Friends host Gretchen Carlson filed a sexual harassment lawsuit against Ailes. That expanded into a wide-ranging inquiry over Ailes’ often controversial management style. Other allegations of sexual harassment have been made as well.

Meanwhile, Ailes has moved to remove the lawsuit, Carlson v. Ailes, to arbitration.  Continue Reading ›

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For decades, fear spawned widespread discrimination against people with HIV/ AIDS that resulted in sufferers losing their homes, jobs, education opportunities and access to medical and social services. sad

A series of federal protections, beginning with the 1990 Americans With Disabilities Act (ADA) and the U.S. Supreme Court case of Bragdon v. Abbot, made discrimination on the basis of HIV/ AIDS unlawful. There is also HIPPA (Health Insurance Portability and Accountability Act of 1996) which protects patients’ privacy.  The U.S. Department of Human Services Office for Civil Rights now offers a clean breakdown of “Your Rights as a Person With HIV Infection or AIDS.”

And yet, it seems HIV/ AIDS discrimination continues to persist, even in 2016. Most recently, it’s been alleged in Arkansas, where the U.S. Equal Employment Opportunity Commission (EEOC) has launched legal action against the operators of a McDonald’s franchise in a city called Bentonville. There, they allege a worker was fired because of his HIV-positive status.  Continue Reading ›

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A Muslim police officer who is Pakistani-American has filed a federal religious discrimination lawsuit against the New York Police Department, alleging he was wrongly suspended during Ramadan for refusal to shave his one-inch beard. razor

The 32-year-old officer says the no-beard policy, the subject of his class action employment lawsuit, is an infringement on the rights of some 100 Muslim police officers employed by the NYPD who are simply trying to exercise their freedom of religion without fear of retaliation or discrimination.

Plaintiff is a 10-year veteran on the force, and his primary duties involve handling disciplinary proceedings against fellow officers. He was reportedly suspended without pay. However, in an emergency hearing before a federal district court judge, the department was ordered to continue paying him for at least another three weeks until his next court date, at which time it will be decided whether he will be allowed to come back to work.  Continue Reading ›

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A former employee of Valve, one of the country’s largest video game developers, alleges her work environment became hostile and she was ultimately fired after she underwent a gender reassignment surgery. womanworking

She alleges she was mocked by supervisors and forced to become an independent contractor when she asked for the accommodation to move to Los Angeles during her surgery and recovery. Then, days after she raised concerns about the company’s alleged use of underage workers being employed full-time as translators, she was fired.

In its response to plaintiff’s lawsuit, A.M. v. Valve Corp., company administrators say they had no choice but to terminate plaintiff because her position was being relocated back to the company’s headquarters in Washington state. However, plaintiff insists she offered to return to Washington, but the company refused.  Continue Reading ›

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