Employment Lawyer Blog

According to statistics compiled by the Equal Employment Opportunity Commission (EEOC), workplace age discrimination is a growing problem. In 2007, the EEOC documented over 19,000 cases - the highest number in a dozen years. In 2008, the number of age discrimination cases jumped again -- by more than 5,500 -- to 24,582. To help to identify and stop such discrimination at your workplace, here are 6 key tips:

1. Know the law.

Knowledge is power when it comes to defending your rights at work. The 1967 Age Discrimination and Employment Act made it illegal in the United States for employers to discriminate against employees ages 40 and above with respect to benefits, lay-offs, promotions, and hiring.

2. Identify and change patterns of bad behavior before they become a problem.

An older worker who labors in an environment dominated by mostly young people may naturally be segregated from the pack. Numerous group behavior studies have demonstrated that minorities organically become targets for harassment and discrimination. But if you assertively act to defend your rights and interests upfront, you may diffuse the situation. Challenge stereotypes. Don't ignore jokes or mean comments about your age. Make it clear that colleagues who collude with harassment or discrimination are a substantial part of the problem. It's not just the "workplace bully" who's the problem -- it's the workplace bully AND his/her enablers.

3. Gather evidence of the discrimination.

Archive documents, e-mails, conversations, performance reviews and other evidence that might support your age discrimination claim. For instance, let's say a supervisor forwarded you an e-mail that made veiled or even overt implications about how old people forget things. Print, time and date stamp, and archive that email as potential evidence.

4. Make a good faith effort to resolve the problem internally.

Your company's human resources department or your immediate supervisor may be able to stop discrimination or harassment before it becomes a serious problem.

5. Don't wait for the statute of limitations to elapse on a claim.

According to the 1967 Age Discrimination and Employment Act (referenced above) you must contact the EEOC within 180 days of an alleged violation. (That said, in some states, you may have up to 300 days to do so, depending on the circumstances.)

6. Consider retaining an attorney.

Employment law is a complicated field. You may not even be aware of the various resources available to you under the law. For a free, confidential, and comprehensive evaluation of your age discrimination or harassment situation, connect with the representatives here at Joseph, Herzfeld, Hester & Kirschenbaum at www.jhllp.com. You may also call (866) 348-7394.

Sexual harassment is a serious problem at many American workplaces. Here are six solutions for how to deal with harassment or discrimination if and when it arises.

1. Understand what constitutes sexual harassment.

Any number of acts can be construed to be sexual harassment, including:

• Unwelcome sexual advances at work
• Implicit or explicit tying of terms of your employment to your response to sexual advances
• An employer or colleague cultivating a hostile or intimidating environment

Not only do you have the right to work in an environment in which you won't be sexually harassed, but you also have the right to claim damages if your employer retaliates against you in any way for complaining about harassment.

2. Speak up.

One great way to protect yourself - legally and emotionally - from harassment is to express your feelings to colleagues and supervisors. If a co-worker harasses you (for instance, by sending you sexually explicit e-mails or telling raunchy jokes), tell your supervisor. If a boss harasses you, contact someone in the HR department. If your HR board doesn't help (or doesn't exist), contact your city's labor board.

3. Write things down.

After a disturbing incident, the last thing most of us want to do is dwell on what happened. Write down your account right after an incident occurs. After all, memory can distort over time, and the longer you wait to write down details, the less weight your story may ultimately have. To that end, time and date stamp your journal. And don't leave the journal at work where whoever is harassing you may be able to find and destroy it.

4. Get corroborating evidence, if possible.

If a co-worker saw you being harassed, ask him or her to write down his/her account. If your harasser sent you a weird e-mail or left a disturbing voice message, archive that evidence. The more physical manifestations of the inappropriate behavior you can produce, the stronger your potential case.

5. Let go of self blame.

Often, victims of harassment or discrimination blame themselves. A harasser may make fun of your clothes, your looks, or your character and hit close to home. As a result, you may come to believe that the harasser is partially justified. Remember: hostile, offensive, or intimidating remarks or actions are not legal and are not your fault.

6. Get help from sexual harassment and discrimination specialists.

Don't fight this battle on your own. Resources abound for victims of harassment and discrimination. The National Women's Law Center (202-588-5180), the U.S Department of Labor Women's Bureau (1-800-827-5335), the National Association of Working Women (1-800-522-0925), and the Equal Employment Opportunity Commission (1-800-669-4000) all provide ample resources.

If you need legal assistance, consider the firm of Joseph, Herzfeld, Hester & Kirschenbaum. Our attorneys focus on sexual harassment, discrimination, and retaliation law, and we have won numerous landmark decisions. Find out more about our firm at www.jhllp.com, or dial (866) 348-7394 to schedule a free confidential consultation.

Attorney Donald Dobkin has sued the University of Illinois for age discrimination in response to the university's decision to deny him a position on the faculty. The 56 year-old Dobkin, who's practiced law for over 25 years, heads up Michigan's biggest independent law firm and boasts impressive credentials, such as a JD from Northwestern University and a CV that includes many publications in leading law journals. Although university officials acknowledged his "impressive academic and professional record," they opted to hire a person under the age of 40 for the position.

According to The Chicago Tribune, Dobkin has alleged that Iowa's College of Law has not hired a faculty member over the age of 40 for over a decade. Dobkin seeks remuneration for wages lost as well as an opportunity to take the teaching position at the law school. He filed suit on August 19, 2009 through the US District Court in Davenport, Iowa; as of this writing, it's unclear precisely how University will respond to the action or to his demands.

Age discrimination is a perennial problem at many academic institutions - in both directions. Younger, non-tenured professors often complain that older faculty -- who no longer contribute actively to the research community -- can nevertheless maintain their positions due to the tenure system. Conversely, employment discrimination scenarios like the one alleged by Attorney Dobkin can also roil academic institutions.

If you or a family member has been discriminated against at the workplace on the basis of your age, race, creed, religion, or disability; or if you've been subjected to retaliation for filing a discrimination complaint, the attorneys here at Joseph, Herzfeld, Hester & Kirschenbaum LLP may be able to help. Find out more about our practice here at www.jhllp.com, or phone us at (866) 348-7394 for immediate assistance.

Attorneys for a Target employee with cerebral palsy have filed a disability discrimination lawsuit against the retailer in response to the company's decision to reduce the work hours of the claimant.

29-year old Jeremy Schott, who worked at a Target outlet in Santa Ana, California, had a difficult time communicating with fellow employees and customers due to his medical condition. His boss allegedly compelled him to attend meetings regarding his work performance without the assistance of his parents and coach. Anna Park, an attorney for the US Equal Employment Opportunity Commission (EEOC), the organization bringing the lawsuit, said that Schott's employers knew of his disability prior to hiring him and acknowledged that he would require special treatment to thrive in the workplace.

The AP reported that the EEOC filed the suit in Los Angeles US District Court on Monday; as of this writing, Target has not publicly commented on the matter. And it's unclear whether the Minneapolis-centered company will contest the allegations or seek an out of court settlement.

The field of disability discrimination law has evolved considerably over the past few decades, as employers, employees, and regulators have struggled to define precisely what constitutes a disability and what employers should do to provide a fair and safe work environment for other-abled individuals. For instance, while the law acknowledges that employers cannot discriminate against disabled job applicants, it can be ambiguous in terms of precisely what accommodations employers must make and how disputes over fair treatment should be handled.

If you feel that you've suffered discrimination, unfair treatment, harassment, or retaliation at work due to your disability, you may have legal recourse available to you. The attorneys here at Joseph, Herzfeld, Hester & Kirschenbaum LLP can strategize to get you compensation and better treatment at the workplace. Connect with us today for a free consultation at www.jhllp.com or at (866) 348-7394.