Employment Lawyer Blog

On June 29th, the Supreme Court agreed to hear a much-debated case about the definition of the concept of retaliation - e.g. the act of an employer penalizing an employee for filing a claim of discrimination, sexual harassment or other unfair treatment. In this matter, the High Court will address whether relatives, friends, or spouses of an employee are likewise protected from retaliation. The implications of the Supreme Court's decision could resound, nationally.

Case Background -- Thompson v. North American Stainless

Eric Thompson and his fiancée (at the time - now she is his wife) Miriam Regalado worked for North American Stainless, a steel plant in Carroll County, Kentucky. Ms. Regalado felt that she had been subjected to gender discrimination at the company. She filed a complaint with the Equal Employment Opportunity Commission (EEOC) saying that her boss discriminated against her. The EEOC notified the steel plant of Ms. Regalado's charge on February 13, 2003. Less than a month later - on March 7th - Eric Thompson lost his job.

Thompson then went to the EEOC to file a complaint for retaliation. Unfortunately for him, the lower courts dismissed his suit. They reasoned that Thompson himself did not engage in "protected activity" by opposing an unlawful practice. So he did not have protection against retaliation. The Obama administration has thrown its weight behind Thompson - the President's acting Solicitor General (via the AP) said that the law "provides a cause of action for any party aggrieved by an unlawful employment practice, and an employee dismissed as a direct or proximal result of such a practice meets the standard."

The Supreme Court has put the case on the docket for this fall - stay tuned to developments in Thompson v. North American Stainless.

If you, a friend, loved one, or spouse has been victimized by unlawful employment practices, you may need expert legal guidance to protect your rights and your wages. Connect today with the attorneys at Joseph, Herzfeld, Hester & Kirschenbaum at 1-866-348-7394 or www.jhllp.com. Get a free, completely confidential consultation about what your next steps should be.

A federal judge in Wichita, Kansas has thrown out an age discrimination class action suit against Boeing and Spirit AeroSystems. Judge Eric Melgren ruled on June 30th in a 44-page order that neither Boeing nor Spirit violated the Age Discrimination Employment Act - and that the companies didn't owe compensation to nearly 800 ex-Boeing workers.

When Spirit divested from Boeing, many workers lost their jobs - 90 former Boeing employees filed suit in late December 2005, claiming that their rights under the Age Discrimination Employment Act (ADEA) had been violated by these firings.

Jeff Turner, the current CEO of Spirit, was quoted in the past to have remarked that "Boeing's workforce was getting older... and the managers need to find ways to do something about it." This statement on its own suggests that ageism was at work. But Judge Melgren ruled that the CEO's statement - when taken in its broader context - was actually benign. It was intended as a statement of concern about how the company could survive if a sizable number of employees retired at once and left Spirit with a callow workforce.

Judge Melgren was also not impressed by other claims brought by the prosecution, including that Spirit selectively rehired younger employees and that the company worked to prevent older employees from getting their due pension benefits.

Age discrimination cases like these can obviously get quite complicated - and just because plaintiffs manage to get class action status and to assemble a seemingly compelling bill of particulars against an employer - does not mean that victory is assured.

So what should you do if you or a loved one has been the victim of age discrimination? Consider talking to the experienced professionals at Joseph, Herzfeld, Hester & Kirschenbaum. Call 1-866-348-7394 today for a free and confidential consultation - or visit the firm on the web at www.jhllp.com. Protect your rights by getting good advice today.

A breaking New York sexual harassment news story has galvanized a veritable orgy of Internet traffic and provided ample fodder for late night talk show hosts. As the Village Voice reported last week, Debbie Lorenzana, a 33-year-old single mom, has filed a sexual harassment suit against her ex-employer, Citigroup, for subjecting her to a hostile work environment.

Lorenzana worked in a Manhattan Citibank branch as a business banker. Her mangers disapproved of her clothing. In particular, she was told that her outfits - which included fitted suits and turtlenecks - were "too distracting" for her male coworkers and managers. Lorenzana found these accusations outrageous, considering that, in her words: "I am sorry, my pants are not too tight! And if you want to talk about inappropriate clothes, go downstairs and look at some of the tellers...who would wear their pants so tight, it was like they had a permanent wedgie."

Lorenzana transferred out of the Manhattan branch to a different office in summer of 2009, after complaining to HR, but she was fired shortly afterwards, allegedly for "poor job performance."

Lorenzana's tale of alleged sexual harassment has obviously touched a nerve with the public. Many observers have expressed outrage that a bank like Citibank - which has been fingered as a key accidental architect of the 2008 financial meltdown - would so viciously attack this woman and maintain that "[her] lawsuit is without merit." Of course, without access to all evidence, it's impossible to weigh in on any sexual harassment, discrimination, or retaliation case.

To that end, if you or any of your coworkers has been subjected to sexual harassment, discrimination, or vicious treatment at work, you should actively defend your rights. The attorneys here at Joseph, Hertzfield, Hester & Kirschenbaum would be happy to discuss your workplace problems with you. We can provide a free consultation to you. Just contact us through our website, www.jhllp.com, or call us toll free at 866-345-7394.

Swiss pharmaceutical firm Novartis was found guilty of New York sexual harassment and discrimination last Monday by a jury and ordered to pay out $3.3 million to a dozen women who headed up a class action suit. Altogether, around 5,600 women may receive compensation from the corporation. The Class seeks $200 million for lost wages and benefits, back pay and punitive damages. The women allege that they had been the targets of sexual harassment, and that the firm generally mistreated them. A counsel for the plaintiffs declared that Novartis was "not a place where you'd want your wife, your mother, your sister, or your daughter to work... Novartis paid women less, wouldn't promote them... and [would punish] them if they got pregnant."

A District Manager allegedly forced his female sales reps to watch pornography and invited them to "sit on his lap." Another allegation involved accusations that women sales reps had been encouraged to offer themselves sexually to doctors to facilitate the sale of pharmaceuticals.

The legal fireworks are not yet over for Novartis. Individual members of the Class may go before a Magistrate Judge in the next few months to provide evidence of specific wrongdoing and seek personal compensatory damages.

What can and should you do if you find yourself in a workplace situation where there is obvious sexual harassment or discrimination going on?

Ideally, your company should have a system in place to prevent and punish bad behavior. But sometimes the system fails. The corporate culture may be so toxic that your best solution will be to retain independent outside counsel. If you have questions about or need help with your work-related problems, connect with the attorneys of Joseph, Hertzfield, Hester & Kirschenbaum at once to go over your legal options. You can end the frustrating, aggressive, and potentially even dangerous behavior that's made going to work so uncomfortable for you. Call us now for a free and completely confidential consultation at 866-348-7394.

On May 25th, the New York Times reported that former Arabic language school principal Debbie Almontaser will not file a New York national origin discrimination case against the Department of Education (D.O.E.), despite a Federal Commission's ruling early this year that the D.O.E. had discriminated against her in 2007 by forcing her to resign from her position.

As this blog reported several months ago, Ms. Almontaser had come under fire from the D.O.E. after allegations emerged that she provided support to a group of Arabic women who sold shirts featuring the slogan "Intifada NYC." Ms. Almontaser defended herself in an interview with the New York Post, but the Post allegedly misrepresented what she said in that interview, and the distorted article catalyzed the D.O.E. to take action against her. The Federal Commission found that Ms. Almontaser (who is of Yemeni descent) fell victim to "the very bias that the creation of her school was intended to dispel."

Although many New York national origin discrimination analysts have argued that the ex-principal would have substantial grounds to sue the D.O.E., the former principal decided after consulting with her attorney to forego a suit because, per the New York Times, "there would be too much emotional pain to pursue it." Ms. Almontaser released a public statement: "...additional litigation of the discrimination claim would mean reliving the unfortunate and painful events...it was time for me to move on in my professional and personal life."

Ms. Almontaser's treatment by the press and the D.O.E. sparked an avalanche of hotheaded debate in the media and blogosphere, in part because New York collectively is still trying to work through the emotional fallout of the World Trade Center attacks of September 11, 2001.

If you or a person about whom you care has been discriminated against at work on the basis of national origin, race or any other factor, you may have substantial legal recourse to stop inappropriate behavior and seek compensatory damages, including wages lost and opportunities for promotion illegally taken away.

How do you know whether you have a case? The best way is to consult with a results-proven, reliable New York City employment rights attorney. Call the lawyers of Joseph, Hertzfield, Hester & Kirschenbaum ASAP at 866-348-7394, or visit us on the web at www.jhllp.com, to explore your legal options to find a better solution and peace of mind.