October 2010 Archives

October 29, 2010

EEOC: Gender Discrimination and Retaliation by Maxwell House

On October 27, the Equal Employment Opportunity Commission (EEOC) slapped Maxwell House Coffee (a division of Kraft Foods) with a federal lawsuit for gender discrimination and retaliation, pursuant to the claims of Francena Smith, a worker at Maxwell House's Jacksonville, Florida coffee plant. The EEOC claims that the coffee company violated Title VII of the Civil Rights Act of 1964 by disciplining Smith more than her male co-workers and then firing her because she was a woman. Back in March, an independent arbiter ordered Smith to be reinstated in her position. But she did not collect any damages from that order. The EEOC may file suit independently and seek additional/other damages.

The Illinois-based Kraft Foods takes in over $40 billion in revenue per year. This makes the food provider the second largest food company on earth.

If you or someone you care about has been subjected to gender discrimination, sexual harassment, retaliation, or other workplace mistreatment (such as wage and hour violations), and your employer is a giant company like Kraft Foods, you may feel discouraged. After all, seeking damages against a large company takes tremendous resources and energy - resources and energy you don't have.

Fortunately, claimants like you don't have to take on big abusive corporations alone. Advocacy organizations, like the EEOC, as well as private employment discrimination law firms, like Joseph & Kirschenbaum, can help you aggressively respond to mistreatment and get remunerated for damages, including lost wages and punitive damages. Depending on the situation, you may be able to get reinstated in your former position and even compel sweeping reforms to the company's internal policies.

Connect today with the law firm of Joseph & Kirschenbaum at www.jhllp.com, or call 1-866-348-7394 to learn more about your rights and organize a coherent and strategic plan of action to demand justice and compensation.

October 27, 2010

Sexual Harassment Lawsuit Leads to $150,000 Judgment against Restaurant Owner

The U.S. Equal Employment Opportunity Commission (EEOC) announced on October 27 that Sidal Inc., the owner of Rally's Hamburger, must pay $150,000 to settle a claim of sexual harassment and sexual abuse. The federal agency filed the claim on behalf of several teens who worked at a Terre Haute, Indiana Rally's Hamburger restaurant. The teens alleged that a manager made disparaging comments to female workers and attempted to grope some of them. One teen claimed that the manager sexually assaulted her. According to an Indianapolis Star report on the settlement, Sidal Inc will pay $150,000 to the claimants and will train its employees in proper procedure to prevent future incidents of sexual harassment.

This case is by no means an isolated example of bad behavior in the restaurant industry. Indeed, multiple restaurants -- from fast food places like Rally's to high profile eateries in New York City -- have been recently hit with charges of allowing or condoning sexual harassment, gender discrimination, retaliation, and other bad practices.

In New York City, for instance, attorney Maimon Kirschenbaum has help lead the charge against several high profile city restaurants (including, recently, Mario Batali's Del Posto) for wage and hour violations. These occur when a restaurateur does things like illegally sharing waiter tips with non-service employees and fails to pay overtime.

Unfortunately, if you've been sexually harassed, discriminated against on the basis of your race or age, or retaliated against for making a complaint to HR or to your shift manager for bad treatment, you may not know how to get compensated or where to get help.

The law firm of Joseph & Kirschenbaum can provide strategic guidance and assistance. Connect with the firm today for a free consultation at 1-866-348-7394. Or check out the free resources at www.jhllp.com. Don't wait. Get superior legal assistance with your claim.

October 13, 2010

New York Sexual Harassment Case against UN Official Fails

On Monday, the US Supreme Court ruled that a UN official accused of sexual harassment is "absolutely immune" from a lawsuit over the allegations. The High Court's ruling pertains to a Court of Appeals decision back in March concerning Cynthia Brzak, a UN staffer who had been victimized by "unwanted touching" in Geneva in December 2003 at the hands of the Chief of the UN's refugee agency, Ruud Lubbers.

Lubbers - who also served as Netherland's Prime Minister from 1982 to 1994 - ultimately resigned as the High Commissioner for Refugees for the UN in 2005 due to the scandal. A UN probe - facilitated by the Office of Internal Oversight Service - found that "[Lubbers] foisted unwanted physical attention of a sexual nature on a subordinate female staff member." He also later tried to derail the investigation through "pervasive and intimidating attempts to influence [its] outcome."

Brzak had turned to the US court system - even petitioning US President Barack Obama directly - after the internal justice system at the UN did not give her relief. Kofi Annan - the former UN Secretary General, who led the UN when the sexual harassment occurred - did not act on the UN probe's recommendation to discipline or punish Lubbers.

Lubbers has also been publicly accused of groping actress Angelina Jolie, who currently serves as a goodwill ambassador for the UN. According to a 2007 Sydney Morning Herald report, several witnesses testified that they saw the former Netherlands' Prime Minister grab the actress from behind while she rode an elevator with him.

Both the US Second Circuit Court of Appeals and the Supreme Court cited a treaty that provides UN officials significant immunity from lawsuits.

As Brzak's frustrating journey through the labyrinth of the UN and US criminal justice systems suggests, sometimes pursuing action against an employer who mistreated you or broke the law can be deflating.

Fortunately, if you or someone you care about has experienced harassment, gender discrimination, or retaliation from your boss for complaining about problems, the law firm of Joseph & Kirschenbaum can provide critical strategic advice. Connect with the firm today at 1-886-348-7394 - or visit www.jhllp.com - to learn more about how you can demand justice and compensation from the people and/or institutions who wronged you.

October 4, 2010

Heated Legal Battle Over Gender Discrimination and Retaliation Embroils Fox News

The Equal Employment Opportunity Commission (EEOC) and Fox News Network are engaged in a volatile battle over allegations of gender discrimination and harassment.

Catherine Herridge
, a news reporter for Fox, has alleged that the network discriminated against her on the basis of her gender and age -- providing her unequal opportunities and "disparate pay." Furthermore, the EEOC says that Fox News retaliated against Herridge by including unfair language in a contract presented to her for renewal in 2008. Essentially, the contract would have stopped Herridge for making discrimination complaints in the future. She did not sign it and thus had to work as an "at will" employee - meaning that she had fewer protections and more stress.

An Executive VP for Fox News Business Affairs responded to the EEOC filing, alleging that the EEOC's motivation was political and that an earlier press release "conspicuously ignored that [the EEOC] dismissed 98% of [Herridge's] claims, including the retaliation claim, also finding them to be baseless."

The EEOC tried to reach an agreement with Fox News without going to litigation but failed, prompting the EEOC to sue in the US District Court. The battle over Herridge's claim - and the legal implications for Fox - has, predictably, elicited a firestorm of commentary from bloggers, reporters and pundits from across the political spectrum.

An important takeaway here: Fighting back against an employer who has mistreated you or who has retaliated against you for complaining about mistreatment can be an involving process. That's why it's so important to find a savvy, experienced, battle-proven lawyer to help you strategize effectively. Visit www.jhllp.com, or call 1-866-348-7394 (toll free) to consult today with Joseph & Kirschenbaum about your allegations of gender discrimination, age discrimination, harassment, retaliation, or other workplace mistreatment.

The attorneys at JHLLP can help you utilize the law towards getting you compensated for unfair treatment and stopping bad workplace practices.