Posts Tagged ‘Title VII’

Sexual harassment in the workplace must be quickly addressed by employees and employers in all cases. However, it is even more important to address where minor employees are involved. In at least one case, the managers of a Dairy Queen did not address the harassment quick enough.

The guardian of a 17-year-old minor has filed a lawsuit against Dairy Queen, claiming the fast food restaurant allowed the teen to be sexually harassed by a co-worker.

Kathryn McCauley, as guardian and next friend of a minor, filed suit against Food Service Holdings Ltd., doing business as Dairy Queen, on Oct. 17 in the Eastern District of Texas, Lufkin Division.

The 17 year old was employed by Dairy Queen in Huntington in June 2010, where she was subjected to discrimination on the basis of her sex, including sexual harassment and retaliation for reporting such harassment, the suit claims.

According to court records, the minor was subjected to a hostile work environment by a co-employee and was told the co-worker would be fired after his 30-day probationary period.

However, McCauley claims that when the probationary period was over, the co-worker was not fired. Instead, the minor was not properly placed on the schedule and given very few hours. The teenager was terminated on Oct. 3, 2010, allegedly for failing to show up to work.

The teen maintains that she was informed that she was not scheduled to work on the date in question and she was really terminated for reporting the sexual harassment.

If you believe you or one of your children has been the subject of sexual harassment in the workplace, speak to an attorney experienced with sexual harassment suits such as Scott Behren and the Behren Law Firm.


Discrimination is illegal against all pregnant employees not only while they are working for employers, but also during the hiring process. The EEOC is trying to educate Tampa’s Capri Home Care.

The U.S. Equal Employment Opportunity Commission (EEOC) today announced that it filed an employment discrimination lawsuit against Capri Home Care, Inc. for refusing to hire a pregnant applicant into an administrative assistant / billing clerk position at its Clearwater, Fla., facility. Capri Home Care is a home health agency that provides skilled nursing and specialized home health care throughout Central Florida.

According to the EEOC’s suit, Capri’s management was so impressed with the applicant at her initial interview that they immediately extended her an offer for the position starting the next day. Following orientation on the applicant’s first day of work, Capri’s sentiment changed after she disclosed she was pregnant. Within an hour, the EEOC said, Capri rescinded its job offer, claiming it had already offered the position to a former employee. A non-pregnant woman was selected several months later, the EEOC said.
Pregnancy discrimination violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. The EEOC filed suit in U.S. District Court for the Middle District, Tampa Division (EEOC v. Capri Home Care Inc., d/b/a Capri Home Care, Case No. 8:11-cv-02211-RAL-MAP) after first attempting to reach a pre-litigation settlement through its conciliation process. The agency is seeking back pay and compensatory and punitive damages for woman who was subjected to discrimination. The suit also seeks injunctive relief to prevent and correct pregnancy discrimination, posting of anti-discrimination notices, and training of Capri’s managers and employees about equal employment opportunity laws.

If you believe you have been denied employment because you are pregnant, you should file a claim with the EEOC or speak with an employment law attorney that handles pregnancy discrimination matters. Feel free to call Scott M. Behren and the Behren Law Firm for a free consultation.


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.


Under Federal law, a woman can not be discriminated against or terminated based upon her being pregnant. Typically, there are also state laws, such as in Florida the Florida Civil Rights Act, that mirror the Federal laws. However, agricultural giant Olam International has not been following the law which has resulted in them being sued by the Equal Employment Opportunity Commission (EEOC).

A woman named Jennifer Heintz claims she was offered a job as an executive assistant to two presidents with Olam. She took the job, but three days later, she was told the company was holding off on filling the position. Four days after that, Olam hired another person to fill the position. Heitz contends that the job offer to her was withdrawn based upon her being pregnant. Apparently, the EEOC agreed since the EEOC, in most cases, does not bring suit on behalf of an empoyee.

A lawyer for the EEOC stated, about pregnancy discrimination:

“It remains a serious problem — women not getting jobs, women being forced out of jobs, essentially being fired, and in this case, hired and fired immediately after they learned of the pregnancy.”

And the problem seems to be getting worse. In the five years from 1997 to 2001, the EEOC received 20809 pregnancy discrimination complaints. In the last five years, they received 29088, a 40% increase.

The EEOC further stated, “There is an added stigma because you become pregnant, therefore in the future and after even you have your child, that you will not be a productive worker,” she said. “That’s simply not true.”

If you believe you have suffered termination or discrimination due to your pregnancy, or have been denied Family Medical Leave, feel free to contact Scott Behren and the Behren Law Firm for a free consultation.


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.


The Indian-American owner of two Indian restaurants in the Los Angeles area has been found violating the minimum wage act, following which the US Department of Labor has recovered USD 92,870 in back wages for 22 employees.

The two establishments owned and operated by Chandrakant Patel are Jay Bharat Foods Inc, doing business as Jay Bharat, and Standard Foods LLC, doing business as Standard Sweets and Snacks.

“It is against the law to not pay workers at least the minimum wage,” said Priscilla Garcia, the director of the Wage and Hour Division’s West Covina District Office.

The press release was issued in Hindi and English. Investigators found that employees of both restaurants were required to work an average of 55 hours a week and paid “straight time” wages, rather than time and one-half their regular rate of pay, for hours worked in excess of 40 per week, as required by the FLSA.

Additionally, accurate records of employees’ work hours and wages were not kept, in violation of Fair Labor Standards Act (FLSA) record-keeping provisions.

After conducting employee interviews and reviewing payroll records, investigators determined that Jay Bharat owed a total of USD 41,428 in minimum wage and overtime back wages to 12 employees and Standard Sweets and Snacks Restaurant owed USD 53,442 in minimum wage and overtime back wages to 10 employees.

Patel agreed to pay all back wages due to the affected employees and committed to maintaining future compliance with federal minimum wage, overtime and record-keeping requirements, the Department of Labor said.

The FLSA requires that covered employees be paid at least the federal minimum wage of USD 7.25 for all hours worked, plus time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 hours per week.

If you believe you are not being paid the overtime or regular pay you are owed, call Scott Behren and the Behren Law Firm for a free consultation about your rights under the FLSA.



The Americans with Disabilities Act not only applies to employees who are disabled, but also has provisions to apply to public accommodations.

Disneyland is facing a lawsuit for violating the Americans with Disabilities Act due to a mishap on the ‘It’s a Small World’ ride.

The lawsuit was filed by a quadriplegic man that said he was stranded by Disneyland employees for 40 minutes after the ride broke down. Jose Martinez said that both he and his wife were left on the ride whilst all the other passengers had been evacuated.

During the ordeal Martinez suffered dysreflexia, which is a condition that affects the nervous system as a result of overstimulation. In severe cases it can cause stroke or even death. He said that despite his requests for medical attention, he received none and employees didn’t help to get him off of the ride.

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So there has been quite a bit of publicity in the news about the repeal of “don’t ask, don’t tell”, but many may be surprised to know that there are still few protections in the workplace against sexual orientation discrimination.

Sexual orientation discrimination includes being treated differently or harassed because of your real or perceived sexual orientation — whether gay, lesbian, bisexual, or heterosexual.

Federal Law
Although federal laws, such as Title VII and the ADA protect people from workplace discrimination on the basis of race, national origin, religion, sex, age, and disability, there is no federal law that specifically outlaws workplace discrimination on the basis of sexual orientation in the private sector. (Federal government workers are protected from such discrimination.) Attempts to pass federal legislation that would outlaw sexual orientation discrimination in private workplaces have been unsuccessful to date.
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You may recall that I have blogged recently about EEOC complaints that credit checks on job applicants is potentially a violation of Federal discrimination laws. Well now there has been a class action lawsuit filed against the University of Miami based upon the credit checks it performs on job applicants.

The lawsuit, filed on behalf of Loudy Appolon of Miami, Florida, accuses the University of violating Title VII of the Civil Rights Act by rejecting or firing qualified individuals because of their credit background, even though credit history does not predict employment performance. In fact, there is no correlation between credit history and job performance or trustworthiness, and credit reports are often rife with inaccuracies.

Samuel R. Miller, a senior attorney at Outten & Golden LLP, said, “By all accounts, Ms. Appolon was well-qualified for the position – that’s why the University of Miami offered her the job. But instead of evaluating Ms. Appolon on an individual basis, as a person who – like many Americans today – may have struggled with and overcome some personal financial difficulties, and who showed promise to be an excellent employee, the Hospital stigmatized her based on her credit history. When companies act this way, they make it impossible for Americans to break the cycle of lending and bad credit, rebuild their lives, and contribute to their families and communities. And the employers hurt themselves by losing out on some of their best potential workers.”

Sarah Crawford, counsel with the Lawyers’ Committee for Civil Rights Under Law, stated, “The University of Miami’s policies and practices are illegal because they adopt and perpetuate the racial disparities in the credit system. We see this problem occurring in private and public employment across the country, despite the fact that employers, credit reporting agencies, and researchers have found no link between credit history and job performance. At a time when unemployment rates are skyrocketing, particularly for minority jobseekers, this unjustified and discriminatory practice only exacerbates the problem. Employers need to know that the practice is discriminatory and must end.” Ms. Crawford testified about the discriminatory effects of credit checks at an October 20, 2010 hearing of the Equal Employment Opportunity Commission.

According to the Complaint, “Defendants’ hiring policy duplicates the racial discrimination present in the credit reporting system . . . This discriminatory denial of employment affects not only the individuals who are rejected or terminated, but also their families and entire communities, replicating minority under-employment and compounding credit inequities in the process.”

The lawsuit alleges that Ms. Appolon interviewed for a senior medical collector position with the University of Miami, Miller School of Medicine in June 2009. She was offered the position, but the day before she was due to start her new job — after she had already resigned from her previous job — the University informed Ms. Appolon that she would not be hired because of her credit history. “I was shocked,” says Ms. Appolon. “I’ve worked in this industry for years, and my credit was never a problem.”

The case is “Loudy Appolon v. University of Miami, et al.” Class Action Complaint No. 1:10-cv-24166, in the U.S. District Court, Southern District of Florida.

If you have been denied a job based upon a background check on your credit history, you may want to speak with an employment lawyer to discuss your available legal remedies. Behren Law Firm can assist you with these types of issues.