Employment Lawyer Blog

The Equal Employment Opportunity Commission (EEOC) has reported that age discrimination claims have spiked precipitously since 2007. When considered alongside the U.S. Supreme Court's decision last year to raise the burden of proof that plaintiffs must provide in age discrimination cases, this bump in claims has alarmed many policy analysts.

With the graying of the Baby Boomer generation -- according to non-disputed numbers, around 10,000 seniors become eligible for Social Security every weekend -- many believe that our society is in some ways reaching a crisis point. Today's seniors face a difficult economy, more market volatility, slashed retirement funds, and a legal environment in which it is more and more difficult to file successful age discrimination cases.

Moreover, the courts likely only see a fraction of cases that could be brought. Many discouraged seniors -- who either don't get hired, don't get a due promotion, or get fired unfairly -- choose to look for a new job instead of to pursue legal recompense. Likewise, many would-be claimants simply do not have enough support or confidence in their allegations to take matters to court.

What's frustrating is that good help is available for seniors. With the right kind of legal guidance - timely, and from credentialed, experienced, resourceful attorneys -- victimized seniors can get just compensation from an employer (or would-be employer).

For immediate assistance with any kind of age discrimination related claim (such as harassment or retaliation), look to the esteemed and reliable team here at Joseph, Herzfeld, Hester & Kirschenbaum. Our attorneys have been fighting on behalf of discriminated-against employees for years. We can provide a free, confidential, and no hassle first consultation to answer your questions and help outline a strategy for you. Call us now at (866) 348-7394, or look around our website, www.jhllp.com, to learn more.

A gender discrimination case brought by the U.S. Equal Employment Opportunity Commission (EEOC) against Seattle-based tire company Les Schwab Tires has finally been resolved after a four-year court battle. The company - which sells tires in 400 centers throughout Nevada, Utah, California, Idaho, Montano, Oregon, and Washington - has agreed to pay out $2 million to plaintiffs as part of an extensive resolution. In addition, Les Schwab will now train all of its employees and managers about gender discrimination and harassment -- in particular, it will emphasize the importance of Title VII of the 1964 Civil Rights Act. Also, Les Schwab will submit regular reports to the EEOC that specify how the company is complying with the consent decree - to make sure that gender discrimination does not recur.

Both sides seemed pleased with outcome. Les Schwab, for its part, seems relieved to end the long struggle, which has not been exactly terrific for publicity. The EEOC and the plaintiffs also seem pleased by the size and scope of the settlement. An EEOC attorney, William Tamayo, was quoted as saying: "we are pleased to work with Les Schwab to bring this case to a resolution and to start a new era of cooperation. " The company's Vice President of HR echoed this sentiment: "resolution of this dispute allows Les Schwab to continue its strong focus on supporting our employees."

The philosophical implications of this resolution are certainly noteworthy. Male workers have long dominated the tire service sector. The case against Les Schwab indicates that, culturally, we may be moving towards leveling the gender playing field in various occupations. Of course, this debate - both legal and philosophical - will no doubt continue as Americans wrestle with questions of equal opportunity and how differences between genders may or may not apply in the workplace.

If you or a co-worker or a friend has experienced gender discrimination or sexual harassment (or retaliation for complaining about harassment or discrimination), you may have a case against your employer. To get a free consultation with knowledgeable, compassionate experts in workplace discrimination, connect with the firm of Joseph, Herzfeld, Hester & Kirschenbaum at (866)-348-7394, or head to www.jhllp.com to learn more about us.

Gender discrimination, sexual harassment, and retaliation against women are perennial concerns. To raise awareness of these issues, women's rights groups around the globe commemorated March 8th as International Women's Day.

March 8th, 2010 was actually the centennial International Women's Day. (The first took place in Copenhagen, Denmark in 1910). This year, dozens of countries participated. In Australia, for instance, nearly 100 events were organized to commemorate the day. Countries as far flung as Vietnam, Armenia, China and Russia declared 2010 International Women's Day to be a National Holiday. In the UK, organizers put together over 200 events - from marches to poetry readings to comedy showcases to parades to fundraisers. Here in the United States, over 107 official events were organized. These likewise included fundraisers, parades, entertainment events, conferences, and speeches by esteemed leaders at top colleges around the U.S.

Gender discrimination and sexual harassment at the workplace were common themes at many IWD events. Each country has its own laws and morality concerning these issues. (What we in the United States might consider to be gender discrimination is incredibly different from what people in rural China, for instance, consider gender discrimination.)

But by raising awareness of the systematic abuse, denigration, and underappreciation of women in the workforce, hopefully IWD will level the playing field somewhat for some women. After all, studies suggest that raising awareness on any issue - almost independent of what it is - can have a meaningful impact on outcomes. For instance, a recent study suggested that people who monitor their home heating use end up saving substantial energy every month, even if they are not instructed in ANY WAY about how to conserve. Just the very fact that they DO observe creates a subconscious impetus to change. Thus, public discussion of gender discrimination and sexual harassment may make employers and employees more aware of rules of best conduct.

If you or a coworker or family member has suffered gender discrimination or harassment at your job, or if you've been retaliated against for complaining about discrimination or harassment, you may be entitled to significant compensation under the law. Discuss your situation with the expert attorneys of Joseph, Herzfeld, Hester & Kirschenbaum. Reach us at (866) 348-7394 or, on the web, at www.jhllp.com.

A major gender discrimination case against Bentonville, Arkansas based Wal-Mart was settled on March 3rd for $12 million. The Equal Employment Opportunity Commission (EEOC) had filed the class action against the superstore on behalf of female applicants, who had alleged that they had been systematically denied job opportunities at a warehouse in Wal-Mart's London, Kentucky distribution center.

Wal-Mart allegedly turned away women in favor of 18-to-25 year-old men for the positions - in direct violation of the Title VII of the Civil Rights Act of 1964.

Terms of the Settlement

The retail giant will have to pay $11.7 million in compensatory damages and back wages. In addition, Wal-Mart will have to pay $0.25 million in administrative fees. Finally, Wal-Mart must fill the next 50 available positions at the London, Kentucky warehouse with female applicants; subsequent to that, female hires must make up a substantial proportion (fixed by the settlement) of new hires moving forward.

U.S. District Judge Karen Caldwell approved the settlement, which applies to all female job applicants at the London, Kentucky warehouse from 1998 through 2005. A plant administrator will oversee the dispersal of the compensation. The EEOC will adjudicate whether claimants should receive compensation or back pay.

Although Wal-Mart has often been in the news as a defendant in cases of alleged gender discrimination, retaliation, race discrimination, and harassment, the giant retailer is not the only large company to come under the gun for these and other employment discrimination allegations.

If you or a co-worker has experienced employment discrimination - whether you work at a boutique New York firm or a large corporation in America's heartland, the experienced attorneys of Joseph, Herzfeld, Hester & Kirschenbaum can be of service. Please connect with our professional litigators at www.jhllp.com or (866) 348-7394 for a confidential and free consultation.

In November 2009, GINA, the Genetic Information Nondiscrimination Act, officially went into law, prohibiting employment discrimination based on DNA related differences. GINA is an extremely young law and a broad one at that. So, it may take some time before its repercussions manifest in the real world of workers and employers.

Here is a quick primer on what GINA is and how it may be applied.

GINA-The basics

On May 21, 2008, President Bush signed GINA into law. The legislation makes it illegal for employers and insurers to discriminate against workers because of their DNA.

What's an example of an employer discriminating based on DNA (that GINA prohibits)?

A boss profiles job applicants based on their past health histories to "weed out" prospective employees with bad genes.

What's an example of insurance discrimination based on DNA?

A health insurer refuses to cover a man (or imposes additional premiums) based on the fact that other members of his family - including even distant cousins and great grandparents -- have a higher than average history of prostate cancer.

Are all insurers bound by GINA?

No. GINA does not cover long-term care, disability, or life insurance.

How will GINA impact state laws designed to prevent genetic discrimination?

Prior to GINA's passage, a number of states had adopted genetic nondiscrimination laws. The federal legislation will not weaken any of the state laws, but it does create a minimum standard of protection for employees and job applicants.

Where can you read more about the legislation?

The full text of GINA (also known as HR 493) can be found by following this link. (Will insert link later).

What if your loved one has suffered genetic discrimination?

To build an effective case, you may want to consult with the attorneys here at Joseph, Herzfeld, Hester and Kirschenbaum. Call our offices toll free now at 866-348-7394, or take a look at the resources we have on our website, www.jhllp.com. Don't allow worries about employment discrimination, retaliation, or harassment keep you up at night. Get a free consultation from attorneys who have the credentials and compassion to help you strategize effectively.