Employment Lawyer Blog

In 2009, the Equal Employment Opportunity Commission (EEOC) had over 93,277 employment discrimination charges filed -- just missing the 2008 record by 2.2 percent. The acting chairman of the EEOC issued a statement in light of this data calling on employers across the country to step up their efforts to combat workplace discrimination, sexual harassment, and retaliation.

All told, in 2009, the EEOC gleaned $376 million for victims, of which $72 million went to victims of age discrimination. In 2008, the EEOC collected $376.6 million, of which $83 million went to age discrimination claims. The top three kinds of workplace discrimination allegations last year were race-based (36%); retaliation-based (36%); and gender based discrimination (30%). According to data from the Office of Research, Information and Planning, charges of workplace discrimination have been trending upwards pretty steadily since 1998, when the EEOC filed 79,591 claims.

You can find a table summarizing these data here. Some claims involve allegations of multiple types of discrimination -- such as national origin AND retaliation; or sexual harassment AND age discrimination -- so bear that in mind as you parse the statistics to identify trends.

If you, a family member, friend or coworker experience workplace discrimination, the attorneys here at Joseph, Herzfeld, Hester, & Kirschenbaum can help. Dial us for a free, confidential, zero obligation consultation at any time at (866) 348-7394, or learn more about our team, services, and credentials at www.jhllp.com.

The US Equal Employment Opportunity Commission (EEOC) has reportedly filed charges against a New York City restaurant, Sparks Steakhouse, for permitting male to male sexual harassment and for retaliating illegally against an employee who complained about the abuse.

After trying and failing to reach a voluntary settlement with the restaurant outside of court, plaintiffs are charging that Sparks' managers violated Title VII of the Civil Rights Act of 1964. The plaintiffs allege that they were groped, touched, and rubbed involuntarily while at work. Some fellow employees and managers also made obscene jokes and taunts that constituted sexual harassment in New York. Lastly, when one employee complained about the mistreatment, he was at first refused good shift assignments and subsequently terminated without an appropriate explanation.

If you or a coworker has experienced sexual harassment at a New York City restaurant, turn to Joseph, Herzfeld, Hester, & Kirschenbaum. For years, our firm has taken on some of the most high profile and complicated cases of New York City restaurant sexual harassment and retaliation, and we've proven our mettle many times over. We are passionate advocates for servers, busboys, and other restaurant workers who often labor under extremely difficult conditions and who do not benefit from either job security or a stable pay structure. Please read the rest of this blog or visit our website at www.jhllp.com for examples of our tenacity in discrimination, harassment and retaliation cases. Or, phone us at (866) 348-7394 immediately to get confidential legal help with your problems.

On January 22, a protracted age discrimination lawsuit came to a close in California, when 17 Hollywood studios, television networks, and talent agencies agreed to pay out $70 million to a class of television writers over the age of 40 who had alleged violations of the Labor Management Relations Act, the Federal Age Discrimination in Employment Act, and California's Fair Employment and Housing Act. The talent agency International Creative Management (ICM) settled a related matter in August, 2008 -- paying out around $4.5 million in settlement monies to the plaintiffs.

Around two thirds of the $70 million will be paid by insurance companies representing the defendants. 165 members (and settlement classes) will divvy up the money through something called the Fund for the Future, which will be overseen by members of the settlement class to be used for loans and grants to help writers with medical insurance and pensions.

This age discrimination litigation has been keeping lawyers for the networks and studios busy for about a decade. The ruling by the California Superior Court may mark a turning point for the entertainment industry, which only recently resolved a protracted and painful TV and movie writers strike.

Industry insiders have often argued that studios and networks -- which relentlessly target youth culture and the 18-25 demographic -- cultivate a hostile climate for older writers. Not all industry players agree, however. For instance, one analyst has pointed out that many of today's most successful television comics -- and writers for both drama and comedy -- are age 40 and above. An opposite charge is also often levied: that Hollywood can be unusually hostile to aspiring talent. Hollywood wannabees often must endure years of busy work and grueling assistant jobs before being able to work in truly creative capacities.

If you or anyone you know has been the victim of age discrimination in Hollywood, New York, or anywhere else, the firm of Joseph, Herzfeld, Hester, & Kirschenbaum may be able to assist. As with most employment-related claims, there are inherent deadlines by which you must take specific legal action to preserve your rights. Discuss your matter with us in confidence ASAP at 1-866-348-7394, or visit us online at www.jhllp.com for information about our services and credentials.

Employment discrimination, harassment, and retaliation in New York can be punished pursuant to the City Human Rights Law. Let's review the basics of this crucial law.

1. On discrimination based on classes:

Employers may not hire or fire individuals -- or assign work projects, salary/benefits, and so forth -- based upon a number of criteria, including:

• Citizenship status
• National origin
• Creed
• Color
• Race
• Age
• Sexual orientation
• Marital status
• Physical/mental disability
• Arrest record
• Victim status (of offenses such as violence and stalking)

2. On disability discrimination in NY:

The City Human Rights Law of New York requires employers to provide 'reasonable accommodation' for workers who have medical, mental, or physical impairments or a history of said impairments. To provide accommodation, employers must modify job schedules, restructure positions to accommodate for disabilities, provide interpreters and readers, and modify, adjust or acquire certain devices and training procedures.

3. On reasonable accommodations required for the religiously observant:

Bosses and managers must make 'reasonable accommodation' for people who are religiously inclined. For instance, if a religious person requires time off for the Sabbath, his employer should accommodate said request in general. But the law does not require the employer to pay for time off; and you may have to make up the time later on.

4. On sexual harassment in New York:

Sexual harassment is gender discrimination that includes unwelcome physical or verbal conduct of a sexual nature. For instance, if a boss requests that you perform a sexual favor in exchange for a promotion or job assignment, that would be considered sexual harassment under the law. Similarly, if pervasive taunts prevent you from doing your job, this could constitute actionable harassment.

5. On retaliation:

Employers who lash out against employees who complain about harassment, discrimination, and other workplace problems can be punished for retaliation. Even if your allegations of impropriety get dismissed, as long as you had a good faith belief that a discriminatory practice had been going on, your employer cannot retaliate against you.

Could the New York City Human Rights Law apply to your workplace problem? For quality guidance from some of the top anti-discrimination and harassment attorneys in the nation, call (866) 348 7394 to speak with counsel at Joseph, Herzfeld, Hester & Kirschenbaum LLP. Find out more about our credentials at www.jhllp.com.