Archive for the ‘Gender Discrimination’ Category

Is having a second job at Hooters in order to pay your bills and support your children enough to terminate your employment? Is there a claim for gender or familial status discrimination where a single mother holds this type of job to support her kids? Thess issues are starting to be addressed in the Ft. Myers area in the case of Nicole Zivich.

A high school cheerleader coach in southwest Florida says she was fired because a parent complained about her part-time job at a Hooters restaurant. The 24-year-old Nicole Zivich was fired from Estero High School Nov. 21. Zivich told the Lee County School Board this week that a parent of one of the cheerleaders had sent a flurry of emails complaining about her second job at the popular chicken wing restaurant where waitresses wear tight-fitting uniforms.

Citing a privacy policy regarding personnel issues, the school district has not given a reason for her termination. But school superintendent Joseph Burke said it had nothing to do with her employment at Hooters. She was working under contract as the school’s varsity cheerleading coach.

This matter has created lots of noise for the local school board who has been asked to reconsider its decision. Will keep you posted on how things turn out.

If you believe you have been the subject of sexual harassment or gender discrimination, feel free to contact Scott Behren and the Behren Law Firm for a free consultation.

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Federal and state protections against race discrimination apply to you when working for an employer, but are also relevant when you apply for a job with an employer. An employer may not discriminate against you in making a hiring decision based upon your race, gender, age, etc. Of course, proving the reason why they refused to hire you is another issue altogether. Although, its easier, as in the case of Bass Pro where they tell you why they are not hiring you.

The federal government has sued national outdoor retail chain Bass Pro Outdoor World alleging racial discrimination in its hiring practices dating back to 2005. The Equal Opportunity Commission, a federal agency charged with enforcing anti-discrimination laws in employment, filed a lawsuit in U.S. District Court in Houston on Wednesday. The lawsuit alleges that qualified African-Americans and Hispanics were routinely denied positions at Bass Pro stores and managers of stores in Houston, Louisiana and other locations made derogatory racial comments acknowledging the practice. The commission also alleges that Bass Pro destroyed documents related to applications and internal discrimination complaints and retaliated against those who spoke up.

Bass Pro denies all of the allegations and complains that the EEOC suit is prompted in part by the perception that people who like NASCAR and the outdoors are more likely to engage in discrimination.

If you believe you have been refused a job or promotion, based upon your race, age, sex or gender, feel free to file a Charge with the EEOC or call Scott Behren and the Behren Law Firm for a free consultation.

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Under Federal law and most state laws, sexual harassment is not permitted in the workplace and should not be tolerated.

University of Texas Longhorns football coach Mack Brown’s longtime associate athletics director for football operations was dismissed from the university last March because a university investigation determined he made repeated unwanted sexual advances toward a female administrative assistant over a two-year period

Cleve Bryant, who oversaw numerous daily activities for the Longhorns, including game-day-operations, team travel and recruiting weekends, was fired after a university investigator determined “that Mr. Bryant did sexually harass” the staffer and that “the harassment was likely both verbal and physical.”

The sexual harassment complaint was filed by Rachel Arena, a then 24-year-old football department employee who had graduated from Texas in 2008.

The investigation show that Arena told investigators:

• That during a July 2010 meeting in Bryant’s office about whether she would receive a raise, Bryant pulled down the top of her dress and bra and fondled her breast.

• That Bryant repeatedly either told her in person or texted her that “I want to kiss you.”

• That Bryant retaliated after she told him to stop texting by creating a false allegation that she had acted inappropriately at a minor league baseball game she attended with some former Texas football players.

• That one day while in the break room, getting a bottle of water, Bryant came in, stood in front of the door as she started to leave and said, “Kiss me.” Arena said she turned away and Bryant kissed her on the neck before she could leave.

• That two other female office workers alleged that Bryant had inappropriately kissed them in the past.

• That another woman in the athletic department referred to Bryant as “old-freak-nasty” and that he once told Arena “he wanted to touch me, that he wanted to pleasure me, that he could, that he could make me happy, referring to sexually, things like that.”

Bryant, who is married, denied all of the allegations.

If you have suffered sexual harassment in the workplace, feel free to call Scott Behren and the Behren Law Firm for a free consultation.

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Dustin Hoffman in the Graduate was told just one word, “Plastics.” However, plastics did not appear to be a good business decision for several employees of plastic company Promens USA.

Promens USA Inc. has agreed to pay $225,000 to four women to settle a sexual discrimination and harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission, the EEOC has announced.

The women worked at the former Bonar Plastics rotational molding plant in West Chicago, Ill., that was acquired by Promens hf, based in Kópavogur, Iceland, in 2005.

EEOC said the violations occurred during the five years that Promens owned the factory.

The women, who were employed in the finishing department in West Chicago, filed discrimination charges with EEOC in 2007, which sued Promens on their behalf last fall.

The women alleged that a Promens supervisor “repeatedly propositioned temporary female workers,” EEOC said in a news release announcing the settlement. When the women rejected the supervisor’s advances, he fired them.

“This pattern of quid pro quo harassment continued until Promens USA fired this supervisor in July 2010 after yet another woman complained of sexual harassment,” EEOC said.

When EEOC investigated, the agency also found that Promens USA excluded women from jobs in the rotomolding department, which paid more than the finishing department.

The EEOC stated that “Employers should take notice that women cannot be excluded from a class of jobs based on stereotypes about their physical strength of assumed lack of interest. The EEOC uncovered evidence that Promens systematically excluded women from higher-paid positions as machine operators,” Hendrickson said. “Federal law plainly forbids work force segregation on the basis of sex.”

If you believe you have been subjected to sexual harassment in the workplace, speak to your human resources department. If your concerns are not addressed, go to the Equal Employment Opportunity Commission (“EEOC”) or an attorney that handles employment law cases.

If you have been subjected to sexual harassment or believe you have suffered discrimination in the workplace, call Scott Behren and the Behren Law Firm for a consultation.

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For those of you who have seen the movie “Waiting”, when I read this post, visions of “The Bat” kept coming to my mind. Anyone who has seen the movie will recall what I am talking about and those who have not, check the movie out it is a very funny look at behind the scenes in the restaurant industry.

That being said, this week the EEOC advised Flemings Prime something that is probably good business sense, don’t flick your co-workers genitals. Whether these co-workers be male or female.

The EEOC announced that Fleming’s Prime Steakhouse and Wine Bar, at DC Ranch in Scottsdale, Ariz., will pay nearly a quarter million dollars and furnish other relief to settle a same-sex sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
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