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.

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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.

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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, 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.

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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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A recent jury verdict against Xerox for almost $800,000 shows the repercussions an employer, such as Xerox, may suffer for retaliating against an employee who complains of discrimination in the workplace. Remember that most state and federal laws prohibit not only the discrimination itself, but also retaliation against any complaints of discrimination.

Hope Bailey-Rhodeman, an African-American female, claimed she had suffered retaliation when she had made an internal complaint of race and gender discrimination. Since she filed the claim, she was demoted to a sales position, but at the time of her complaint, she was a sales manager for Xerox and had a successful career spanning nearly 20 years. She had been promoted to sales manager, leading a team of 10 sales representatives who specialized in selling equipment and services to customer in state and local government.

Bailey-Rhodeman was consistently the highest ranked sales manager in her section, and was frequently one of the most highly ranked sales managers for the country. But all this changed in the summer of 2006, when Bailey-Rhodeman made an internal complaint to Xerox Human Resources, complaining that other managers were bullying her because she was an African-American female.

Her immediate supervisor learned of the complaint, and told Bailey-Rhodeman that he was angry at her for making him look bad, telling her “now you did it.” He then launched a retaliatory investigation of Bailey-Rhodeman. Without being interviewed, or even being told the specifics of the accusations against her, Bailey-Rhodeman was suspended, being accused of committing an unspecified “policy violation.” Three weeks later she was told she was being fired, but Xerox offered to pay her 12 weeks severance, if she would agree to quit. She refused, and threatened to sue the company.

In response, Bailey-Rhodeman was told that she was being removed from her sales manager job, but could accept instead a reassignment to a sales position where she would be stripped of all supervisory responsibilities. Otherwise, she would be fired. The reassignment was a demotion, which would result in a significant loss in pay. Nonetheless, without any job prospects, Bailey-Rhodeman took the reassignment, but continued to challenge the demotion.

After being demoted to the sales position, Bailey-Rhodeman lost approximately $100,000 per year in sales commissions. Her territory was split between two white males. At trial, Bailey-Rhodeman challenged her demotion as being in retaliation for her complaints of discrimination. The jury found in Bailey-Rhodeman’s favor on her retaliation claim, and awarded Bailey-Rhodeman $488,088 in lost past income, and $316,126 in lost future income.

Should you believe you have been the subject of discrimination in the workplace or retaliation, feel free to call Scott Behren and the Behren Law Firm for a free consultation to discuss available legal options to you.

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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.

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CHECK OUT THIS POWERPOINT WITH ALL OF THE BASIC AND NOT SO BASIC INFORMATION YOU NEED TO KNOW ABOUT THE FAMILY MEDICAL LEAVE ACT (FMLA).

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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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