Employment Lawyer Blog

Religious discrimination against Muslim women wearing a traditional headscarf known as the hijab is a perennial problem, according to officials at the Council on American-Islamic Relations (CAIR), which reports that in the first three months of 2010, more than 40 women in separate incidences complained about discrimination as a result of their wearing hijabs.

For instance, a 19-year old named Naseehah Barlaskar claims that she was denied a job at a local McDonald's in Michigan because she insisted on wearing what her prospective manager called "that thing." In response to this allegation, a McDonald's spokesman issued the following statement: "McDonald's has a strict policy prohibiting any form of discrimination. These allegations are not consistent with our policies."

In San Francisco, a college student named Hani Khan sued a San Francisco clothing store owned by Abercrombie & Fitch. Khan alleges that her supervisors told her to remove her hijab in order to work at the store. She refused the instructions and was subsequently fired. Abercrombie & Fitch is no stranger to disputes about racial discrimination, gender discrimination, and other employment discrimination. In 2004, A&F had to pay out $50 million to a class of people who brought action via the Equal Employment Opportunity Commission (EEOC).

Although employment discrimination claims constitute the bulk of hijab-related discrimination complaints, the problem seems to be even broader in scope. For instance, CAIR reports that the Delaware DMV had to apologize to a 16-year-old driver's license applicant after a DMV clerk (inaccurately) told her that she could not wear her hijab in her driver's license photo.

Have you or a family member been victimized by religious or national origin discrimination while on a job interview or at work? If so, get a free and confidential consultation with the expert lawyers at Joseph, Herzfeld, Hester & Kirschenbaum. Go to www.jhllp.com to learn more about the firm, or dial (866)-348-7349 (toll free) to discuss your situation in confidence with a veteran employment discrimination attorney.

Steven Seagal's ex personal assistant, Kayden Nguyen, has leveled stunning allegations of sexual harassment against the movie star, who is best known for his roles in movies like Under Siege and Driven to Kill.

Nguyen, a 23-year-old model, got a job as Seagal's executive assistant by answering a Craigslist ad. Her new boss flew her from Los Angeles to New Orleans, where Seagal has been filming a reality show for A&E about his stint as a Reserve Deputy Chief for the Jefferson Parish Sheriff's Office. According to Nguyen's allegations, Seagal had been keeping two Russian women on staff whose sole purpose was to service his sexual needs. Seagal allegedly assaulted his new assistant on her very first night on the job by "pushing his hands against her shirt and attempting to fondle her bare breast," according to the celebrity site RadarOnline.com.

The following morning, Seagal allegedly took the assault a step further, forcing Nguyen's legs apart and violating her. Later, Seagal made a third pass at Nguyen. After lifting up her dress, "he forced his head on her bare chest and attempted to suck her breasts and nipples." Nguyen escaped from the house on February 28, 2010. The suit also alleges that Seagal forced her to watch him engage in sexual relations with one of his Russian helpers, "Sasha."

Nguyen is suing her former boss for one million dollars. If the allegations of sexual harassment are even partially true, this tabloid story could become bigger news in the coming weeks, especially given the outrageousness of the claims.

The Courage to Call Out Sexual Harassment, Gender Discrimination, or Retaliation

Victims of sexual harassment, gender discrimination, and retaliation often stay silent for days or even months after the assault or bad behavior. Why? The answer depends. Often, a mix of nervousness, respect, and confusion undermines motivation to stop/report the problems. In retrospect, certain behaviors can be seen as illegal and despicable. But when you're in the thick of having to deal with bizarre employer requests, it can be daunting to know what to do.

Fortunately, help is out there. The experienced team here at Joseph, Herzfeld, Hester, & Kirschenbaum can help you develop a strategy for suing a current or former employer for harassment, discrimination, or retaliation against you for making allegations. Call our team today at (866) 348-7394, or learn more about us on the web at www.jhllp.com.

The Equal Employment Opportunity Commission (EEOC) has weighed in on touchy, high profile allegations of New York religious employment discrimination related to the case of Debbie Almontaser, a former Principal of the Khalil Gibran International Academy, an Arabic-language public school.

The case has a complex back story, so put your reading glasses on and settle in:

Ms. Almontaser took over as principal of the dual language academy in 2007. Shortly after she took the helm, however, conservative opponents began to brand her as a militant Islamist. She denied the allegations, and independent sources confirmed her moderate political temperament. Nevertheless, a group called Stop the Madrassa Coalition formed and claimed that she was linked to a campaign to sell shirts bearing the slogan "Intifada NYC" -- a reference to a militant Islamic point of view.

Concerned, the Department of Education urged her to do an interview with the New York Post to put the allegations to rest. But the Post took Ms. Almontaser's interview out of context and quoted her "incorrectly and misleadingly" (according to federal judges who later ruled on a lawsuit she brought against The Post for doing this).

Nevertheless, the principal's connection with the Intifada tee-shirts sparked a wave of outrage that eventually led to her ouster as principal. She was moved to a subordinate position, which eventually disappeared. She sought legal action against the New York Department of Education for religious discrimination, and now that the EEOC has finally weighed in, this case could become even more newsworthy. The EEOC ruled that the DOE "succumbed to the very bias that the creation of the school was intended to dispel" and called for a resolution for Ms. Almontaser to get her job back as well as get $300,000 along with back pay and compensation for legal fees.

If you or a family member or friend has been on the receiving end of religious discrimination at the workplace, you may benefit from the counsel of an experienced employment discrimination attorney. Call (866) 348-7394 or visit www.jhllp.com to connect with the attorneys of Joseph, Herzfeld, Hester, & Kirschenbaum. Our attorneys are experienced in labor law, and we've successfully handled many matters related to discrimination, harassment, retaliation, and wage & hour violations.

Last week, three female financial advisors at Merrill Lynch filed a gender discrimination complaint against both Bank of America and Merrill Lynch for discriminatory practices. The three women filed their suit in the US District Court in Brooklyn and made allegations such as:

• Male counterparts were provided better opportunities and larger bonuses.
• After one claimant protested about the unequal treatment, she was punished and then forced to pre-approve her business lunch claims, which male employees never had to do.
• New York gender discrimination and retaliation problems have only gotten worse since Bank of America took over Merrill Lynch in 2008.

The plaintiffs have sought class action status, which could make the action bigger and broader and more newsworthy. They seek unspecified damages as well as back pay. So far, Bank of America has denied the allegations of gender discrimination. A spokeswoman said the bank was fully prepared to defend itself and that the claims are unwarranted.

One of the claimants -- the lead one, actually, Judy Calibuso -- continues to work as a financial advisor for Merrill Lynch. The other two women, Diane Goedtel and Judy Moss, quit working as financial advisors for BOA. Combined, the three women worked for the bank for over three decades.

If gender discrimination can happen at the biggest financial company in the United States (technically, after Merrill Lynch acquired BOA in 2008, it achieved this status), then employment discrimination can truly happen anywhere. If you or a family member or coworker has been subjected to unfair treatment as a result of your gender, race, national origin, or disability, or other factors, you may be entitled to significant compensation and redress under the law. Please connect today with the reliable, veteran, and results-proven attorneys of Joseph, Herzfeld, Hester, & Kirschenbaum ASAP for a free and confidential consultation. Demanding justice is never easy, but our attorneys can walk you through the process step by step and answer all of your questions.

Please peruse www.jhllp.com to learn more about us; or phone (866) 348-7394 to get your free consultation.

Employment discrimination against individuals on the basis of their sexuality or gender identity is illegal in many states. 12 states have laws on the books against firing someone based on gender identity. 20 other states have laws protecting workers from discrimination on the basis of sexual orientation. These accomplishments notwithstanding, online activists in the LGBT community (Lesbian, Gay, Bisexual, Transgender) have recently launched a substantial P.R. push for a federal law to provide protection against this kind of employment discrimination.

To that end, the activists want Congress to vote on a piece of legislation called the Employment Non-Discrimination Act (a.k.a. ENDA or HR-3017), which was first introduced back in 1994.

Due to a number of factors - lack of political weight probably being number one - ENDA has never been brought up for a vote. In the wake of the exhausting battle over health care, most political analysts believe that the House will defer taking on a project as potentially controversial as ENDA until well after the November elections.

That said, many liberal bloggers -- writing in corners of cyberspace like DailyKos.com and MyHusbandBetty.com -- have made a push in recent weeks urging supporters to badger their representatives in Congress about the legislation. These activists worry that, come November, the Democrats may lose their majority in Congress, and that the next Congress will be less sympathetic to ENDA.

Of course, the current law does offer significant federal protections to workers against discrimination, harassment, and retaliation. If you or a coworker or friend has been subject to unfair or cruel treatment at work - or you feel that you were discriminated against in a hiring or promotion decision - you can find adroit legal representation through the firm of Joseph, Herzfeld, Hester & Kirschenbaum. Please connect with our firm today for a free consultation at (866) 348-7394, or explore the resources at our website, www.jhllp.com.