Employment Lawyer Blog

AT&T, the biggest telecommunications company in the US, has found itself on the business end of an age discrimination lawsuit. The US Equal Employment Opportunity Commission (EEOC) launched the suit against AT&T in response to the company's practice of prohibiting the rehiring of former employees who had opted for early retirement. EEOC attorneys allege that this policy makes it much more difficult for older employees to get rehired.

A spokesman for the EEOC, Louis Graziano, said that AT&T's policy discriminated against a class of workers that theoretically could number as much as 50,000 (the total number of people who opted for the early retirement program). The actual number of people who might have been discriminated against should be much less than that, however, since only people who subsequently sought to be rehired by AT&T would have been impacted.

After the EEOC filed the suit in US District Court in Manhattan, an AT&T spokesman named Michael Coe responded that the company "makes diversity and inclusion a top priority" and does not tolerate "discrimination of any sort, including that based on age..." Coe did not make any comments regarding the specific allegations of the suit.

Age discrimination is illegal under US law - whether it's being perpetrated by a giant multinational corporation such as AT&T or by a small business owner with only a handful of employees. If you are older than 40, and you believe that your employer denied you compensation or advancement or otherwise mistreated or harassed you based on your age, the attorneys at Joseph, Herzfeld, Hester & Kirschenbaum LLP can advise you. Call (866) 348-7394 or email us through www.jhllp.com today to speak with an attorney about your age discrimination matter ASAP. All consultations are free, thorough, and no obligation.

On July 22, a federal judge ruled in a prominent race discrimination case that the New York City Fire Department's old written examinations were biased against minority applicants. Judge Nicolas Garaufis agreed with the Department of Justice, which argued that the exams given by the City from 1999 through 2007 were unfairly biased towards white candidates. The lawsuit bears striking similarities to the reverse discrimination lawsuit filed by New Haven firefighter Frank Ricci against the city of New Haven, Connecticut which captured national media attention due to the fact that one of the appellate judges to rule on the matter, Sonia Sotomayor, was selected as President Obama's first U.S. Supreme Court nominee.

Although the NYFD changed its employment practices in 2007 to recruit more minorities -- indeed, the City spent over $2 million on a recruitment campaign to swell the numbers of minorities in the Fire Department -- representatives of a Black Firefighters Association, the New York Vulcan Society, appeared less than impressed with the attempted fixing of racial discrimination within the ranks. According to a CNN report, the President of the Vulcan Society said of the Fire Department's recent increases in diversity: "If you have abysmal numbers and you increase them slightly, don't applaud yourself like you've done a great job."

In the 21st century, cases of racial discrimination and retaliation on the job can lead to incredible social, moral, and legal complexities. That's why it's so important for potential claimants to retain the services of top-tier attorneys, like the representatives here at Joesph, Herzfeld, Hester & Kirschenbaum. To find out more about the firm's extensive and highly successful record at bringing racial discrimination and retaliation cases, head to www.jhllp.com or phone 1-866-348-7394 for immediate assistance.

The Wisconsin Supreme Court ruled on Tuesday, July 21 that a claim brought by a former Catholic school employee (Wendy Ostlund) for age discrimination was not valid due to the fact that she had worked at a religious institution.

The court overturned the rulings of two lower courts by a razor sharp verdict of 4 to 3. The lower courts sided with Ostlund, who claimed that she had been terminated illegally during a 2002 downsizing.

The claimant's attorney expressed dismay at the ruling, claiming that the Supreme Court ignored a wealth of precedence that seemed to support the view that religious institutions must abide by fair employment practices for positions that are not ministerial and that are largely secular in nature. A Justice speaking for the Supreme Court's majority disagreed, pointing to Wisconsin's Free Exercise and Freedom of Conscious clauses; he suggested that these laws allow certain religious organizations exemption from some employment discrimination claims.

This case goes to show that, even when age discrimination or religious discrimination claims may seem supported by precedence, there is no predicting precisely how an appellate court may rule. That's why it is so important for claimants to retain top tier employment discrimination attorneys before moving forward with legal action. The good news is that, if you've been the victim of age, gender, or religious discrimination at your job, the attorneys of Joesph, Herzfeld, Hester & Kirschenbaum may be able to help. Book a confidential consultation with us today by phoning 1-866-348-7394, or learn more about the firm's capabilities, successes, and philosophy at www.jhllp.com.

Dell Inc., the second largest computer manufacturer on earth, has settled a massive gender discrimination class action suit for $9.1 million, according to recently released reports.

Origins of the Suit

The legal action commenced in October 2008, when Jill Hubley, a human resources manager at one of Dell's offices, alleged that the company discriminated against its female employees in terms of its promotion strategies and compensation packages. An AP report noted that another HR manager, Laura Guenther, subsequently joined Hubley in the lawsuit. According to the terms of the settlement, $5.6 million will be paid out to the claimants to cover damages and legal fees. The rest of the money -- $3.5 million -- will be passed along to female employees at Dell to raise their base pay rate to be equal to that of their male co-workers. In addition, the company will look to outside consultants to review its hiring and promotion practices and will audit all relevant employee salaries. Any woman who was employed -- even for a day -- by Dell between February 14, 2007 and December 31, 2008 may be eligible for settlement money.

Identifying and challenging gender discrimination can be emotionally taxing and logistically difficult, even if you're facing a relatively small and legally unprepared adversary. When you're battling against a company like Dell or another giant corporation, the odds may be stacked against you even more. However, with sound and principled legal counsel, you may be able to collect damages for the discrimination and/or retaliation. Look to the firm of Joesph, Herzfeld, Hester & Kirschenbaum to advise you. Our firm boasts extensive experience in the domains of employment discrimination, harassment, and retaliation, and we offer free and confidential consultations for prospective claimants. Call us now at 1-866-348-7394, or visit us at www.jhllp.com.