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.
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.
The Equal Employment Opportunity Commission allegations say that, in January 2009, a new manager took over the Wal-Mart store in Avon and promptly called a meeting of the staff -- many of whom happened to be West African. The manager allegedly said, "I don't like some of the faces I see here. There are people in Eagle County who need jobs." He also allegedly remarked, "Wow, there are a lot of Africans, and I don't like some of the faces I see here."
Subsequent to this manager's takeover, many West African employees were reportedly subject to extra criticism and stiffer workloads. One 61-year old man exhausted himself stacking boxes -- he was not physically capable of doing the work. West African employees also reported that Hispanic and white Wal-Mart associates got to take cigarette breaks, even though they were disallowed short prayer breaks.
A long time assistant night manager was quoted in the New York Times saying that the managers "were trying to get most of the Africans out... a lot of them have been there for a long time. They weren't being treated right."
Wal-Mart is no stranger to employment discrimination lawsuits. The company is currently embroiled in the biggest class action lawsuit in the history of the U.S. The case involves over 1.5 million female employees who currently (or used to) work for the retailer. In 2009, Wal-Mart paid out over $17 million in a separate class action lawsuit brought on behalf of African-American truck drivers.
If you or a co-worker or family member has suffered national origin discrimination on the job, help is a click or a phone call away. The New York City national origin discrimination law firm of Joseph, Herzfeld, Hester & Kirschenbaum can provide immediate assistance for your employment-related issue. Head to our website, www.jhllp.com, for lots of free resources about discrimination topics, or call us for a free consultation at (866) 348-7394.
The legal definition of "sexual harassment" is purposefully ambiguous. In general, any workplace conduct or sexual advance that is not welcome or that turns the work environment into a hostile or intimidating place to be can be construed as harassment. The line between appropriate and inappropriate conduct depends closely on context.
What might be acceptably flirtatious at one job might be inappropriate harassment at another. To illustrate the concept further, let's take a look at some real world examples of what would likely be construed as NYC sexual harassment:
• A sales manager demeans female customers to his subordinates by insulting or mocking their figures and style of dress.
• A bus boy gropes a waitress - pitching her buttocks or grabbing at her chest.
• A boss posts sexually explicit cartoons on his subordinate's desk as a joke.
• An employee forwards a lewd email around to co-workers that contains sexually explicit pictures or language.
• A secretary at an accounting firm becomes uncomfortable when her supervisors spend half an hour exchanging dirty jokes in the break room.
While most victims of sexual harassment are women; men can suffer harassment as well:
• For a fictitious example of female-to-male sexual harassment, see the 2009 Sandra Bullock movie, "The Proposal."
• For a real world example of NYC male-to-male sexual harassment, see the allegations recently filed by the Equal Employment Opportunity Commission (EEOC) against Sparks Restaurant in NYC.
Preventing harassment is an ongoing challenge for employers and employees alike.
One good place to start is a clear and well publicized policy. Employers and direct supervisors should know this policy inside and out and should convey it effectively to subordinates. Policy must be reasonable, regularly reviewed, and unambiguous.
Effective training and retraining can also prevent the spread of sexual harassment in workplaces. Unfortunately, office cultures can get corrupted by the "meme" of New York City sexual harassment. This social virus (if you will) then causes problems. For instance, some Wall Street companies are notorious for cultivating chauvinistic, if not outright, misogynistic atmospheres. Workers and supervisors who learn in this kind of environment may come to believe that it's socially acceptable to sexually harass co-workers, tell dirty jokes, and so forth.
To fix sexual harassment problems endemic to certain companies, therefore, entire office cultures may need to be re-engineered. That's no small task.
If you have been a victim of NYC sexual harassment, gender discrimination, or retaliation - or if you know a co-worker who needs help - the legal experts of Joseph, Herzfeld, Hester & Kirschenbaum can help. Call us at (866) 348-7394, or connect with us through our website: www.jhllp.com. We can make a real difference and help you get compensation for lost wages or other problems you have suffered.
The Vulcan Society (an organization of black New York City firefighters) applauded Judge Garaufis' decision to order the city to compensate minority firefighter applicants who applied for positions from the years 1989 to 2002. This would cover around 7,400 applicants, of whom the city is now required to hire 293. These candidates must be black or Hispanic, and some of them must be granted retroactive seniority.
Judge Garaufis stopped short of ordering the Fire Department to install a quota system for hiring minority applicants; instead, he urged all parties to work together to resolve any disputes that might arise in the execution of his orders. Judge Garaufis was quoted in the New York Times: "Achieving these basic aims [ensuring that qualified, diverse individuals come to be accepted as New York City firefighters] will require ongoing oversight, attention to many details and resolution of disputes among the parties." (New York Times; January 21st, 2010).
Allegations of discriminatory testing for firefighters are not unique to New York City. In the reverse discrimination case of Ricci v. New Haven nineteen city firefighters (seventeen of whom are white and two of whom are Hispanic) alleged that the city of New Haven discriminated against them and denied them promotions because of their race--a form of racial discrimination. All had passed a test for promotions to management but city officials invalidated the test results because none of the black firefighters who passed the exam had scored high enough to be considered for promotions. The Supreme Court decided (5-4) that New Haven's decision to ignore the test results violated Title VII of the Civil Rights Act of 1964.
This New Haven case captured the nation's attention last summer when one of the presiding Judges, Sonia Sotomayor, got nominated by President Obama to fill a vacancy on the U.S. Supreme Court.
If you or a loved one has been victimized by racial discrimination, national origin discrimination, or retaliation, legal options abound. To explore your rights and possibilities for recompense, connect with the expert team here at Joseph, Herzfeld, Hester & Kirschenbaum at (866) 348-7394, or send us an email at www.jhllp.com to initiate a free and confidential consultation with one of our top caliber attorneys.
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.
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.
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.
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.
Perhaps.
One new method has shown startlingly positive results in a number of industries. It can be summed up in single word: Awareness.
Simply put, when workers become more aware of one another's concerns, sensitivities, and proclivities, uncomfortable situations seem easier to resolve. This may sound like common sense, but it is common sense uncommonly practiced.
How might increased awareness of others lead to problem resolution?
1) Awareness leads to empathy.
Often, in workplace situations, people have a 'me against the world' mentality. This isn't necessarily a bad thing -- after all, we live in a capitalistic culture that has generated amazing results. But when the pursuit of wealth and power becomes the singular objective of workers and bosses alike, it can lead to insensitivities that can corrupt institutions and ultimately drag down efficiency. For instance, suppose a manager at a bank ruthlessly pursues policies to squash his subordinates and better his peers for the sole purpose of climbing the corporate ladder. He might ultimately get promoted. But his behavior diminishes his corporation. As a result, everybody loses in the end. Moreover, this ruthless pursuit of power blinds him to legitimate concerns that his subordinates may have, including concerns about untoward harassment and discrimination.
Conversely, consider a manager who cultivates awareness of his coworkers and subordinates. He may develop 'win-win' solutions to common on-the-job problems. As a result, he will likely be more sensitive to concerns about harassment and discrimination, be faster at resolving these situations and therefore be more effective at advancing not only his interests but also the interests of his colleagues and his organization.
2) Greater awareness breeds greater mutual trust.
In modern corporations, depersonalization of employees is almost always a big problem. But by practicing awareness of those around you, you can identify problems proactively and nip them in the bud.
3) Awareness reduces stress.
A plethora of studies shows that mindfulness can reduce stress. This in turn can lead to a cascade of health benefits, including reduced cortisone levels, a higher level of fulfillment and satisfaction, and a greater sense of control and perspective. An ancillary benefit of practicing awareness of your moods and concerns -- and the moods and concerns of others -- is that you should be more alert at identifying office discrimination, harassment, and other misbehaviors before they become major problems.
For legal help resolving difficult or even intractable-seeming hostile workplace problems, contact the lawyers here at Joseph, Herzfeld, Hester & Kirschenbaum LLP at www.jhllp.com or dial us toll free at (866) 348 7394.
Opinion polls indicate that the majority of Americans believe we're living in a land of equal opportunity; a recent Gallop Poll showed that around 75 percent of Americans believes that whites and blacks are treated as equals on the job market.
The authors investigated this belief by following nearly 1,500 entry-level job applicants in New York for nearly a year to determine whether their race/ethnicity would impact their prospects on the job market.
Unfortunately, the study dramatically contradicted the common assumptions. The authors found that African American and Hispanic applicants were 'channeled down.' In other words, they applied for high-level jobs like sales and promotions positions and were shunted to lower-level jobs such as busboys, runners, and dishwashers. White applicants who had a criminal record were also 'channeled down.'
Meanwhile, white applicants who had no criminal record were 'channeled up' -- in other words, offered positions that were higher-level than the positions they applied for.
A clear racial divide emerged. Black applicants were two thirds as successful as their Latino counterparts and only half as successful as white applicants.
This study -- and others like it -- suggests that racial barriers and stereotypes continue to play a profound and pervasive role in American society. From a policy perspective, it suggests that employers and lawmakers should pay extra attention to hidden biases to avoid unfair job channeling, discrimination, harassment, and retaliation.
If you or a colleague has been the victim of employment discrimination in New York or retaliation, the firm of Joseph, Herzfeld, Hester & Kirschenbaum LLP may be able to help. Dial us for a free consultation today at (866) 348 7394, or explore our free online resources at www.jhllp.com.
Here is some speculation:
1. To live well in New York City, one typically needs a lot of money.
New York City is notorious for being an incredibly expensive place to live -- particularly if you want to rent or buy in Manhattan or in the nicer neighborhoods of Brooklyn. Moreover, the city serves as the financial hub for the entire continent of North America.
With so much pressure to earn more, it's unsurprising that many workers "put up with" more discomforts and inconveniences than do their counterparts in Small Town USA.
2. Quality labor abounds.
Unlike in small towns, where good labor may be hard to come by, in New York City, great workers typically abound. When you feel like "just a number" -- and when your coworkers and bosses and clients see you as "just a number" as well -- this depersonalization sets the stage for sexual harassment, discrimination, and retaliation.
3. Company policies often confuse.
Different anti-discrimination and anti-harassment policies exist in different NY industries. If you switch companies (or divisions), you may have to adjust to new standards for what constitutes appropriate behavior, dress, and decorum. This buzzing confusion can lead to a misreading of signals and body language which in turn can lead to the committing of interpersonal offenses, including harassment and discrimination.
4. New York City's diversity has pluses and minuses.
For over a century, New York has constituted a melting pot. People from hundreds of different ethnicities mingle in the streets and work shoulder to shoulder. While this co-mingling no doubt diffuses certain racial and ethnic tensions, it also ironically has the capacity to increase tensions under certain circumstances and in the minds of some people.
Consider: Say your boss once had a terrible encounter with a Bangladeshi years ago on the NYC streets. If you also happen to be Bangladeshi, chances are that your boss may associate you with that sour encounter, and he may unconsciously thus become biased against you. This bias in turn can lead to racial discrimination.
5. The city can be difficult to navigate for older workers and disabled workers.
New York disability discrimination and age discrimination problems can emerge when a work environment presents physical challenges. A company that operates on the 11th floor of a building that has no elevator, for instance, may be loathe to hire a disabled worker who would otherwise be qualified, even if that decision violates the law.
In other words, New York business owners and bosses can be tempted to subtly discriminate to gain what they might perceive to be a competitive edge.
6. The stress of the city can bleed into the workplace.
Honking taxicabs, smog, flashing billboards, and general hustle and bustle can raise cortisol levels and lead to more easily frayed nerves, which in turn can create conditions in which sexual harassment, discrimination, and retaliation can flourish.
For help dealing with your New York City employment discrimination situation, get in touch with the lawyers of Joseph, Herzfeld, Hester & Kirschenbaum LLP at once by dialing (866) 348-7394 or by checking out our online resources at www.jhllp.com.
All told, three lawsuits were leveled against the Denver based grocery chain. According to a December 16th AP article, the distribution of moneys will depend on the severity of the racial discrimination/retaliation, the number of years worked, and other factors. Payouts will range from $4,500 to hundreds of thousand of dollars.
The EEOC alleged that Albertsons supervisors not only did not stop the taunting or clean up the racially insensitive graffiti -- which included swastikas and comments about lynching -- but they also actively 'participated in it.' Although a spokesman for the company disputed many of the EEOC's allegations, the company opted to make the settlement 'to put an end to continued costly and disruptive litigation.'
Often, individuals who work in environments that are permissive of racial discrimination and harassment may not realize that they have resources to combat unfair practices and take legal action, if need be. If you or a friend, family member or co-worker has experienced discrimination similar to the discrimination alleged by the 168 Albertson plaintiffs, connect today with the firm of Joseph, Herzfeld, Hester & Kirschenbaum LLP at www.jhllp.com, or discuss your matter in confidence at (866) 348 7394.
]]>1. Ample free resources exist for members of the New York labor force. For instance, check out:
a. The New York Department of Labor's workforce website
b. The New York State's Workers' Compensation Board website
c. City service organizations -- including volunteer groups, non-profits, and religious groups -- also offer support, job placement help, and useful info.
2. The city boasts many laws designed to protect the rights of workers and to ensure that legal redress is possible. These include:
a. New York State Employment Safety and Security Act
b. Title 12 of the New York Codes, Rules and Regulations (NYCRR)
3. If you don't like your job, it is (relatively) easy to find a new one in the Big Apple.
New York City may have been slammed by the recent recession, but job opportunities in a wide variety of industries abound. Talk to an employment counselor to identify your career and financial objectives.
4. New York City boasts amenities to help people de-stress.
From four star gyms to superlative day spas to top notch executive career counseling, New York City has endless resources to help struggling workers relax, refocus, and re-engage. By taking advantage of these resources, employers and employees alike can reduce stress at the workplace and thus indirectly limit the number of sexual harassment, discrimination, and retaliation cases.
5. New York City has excellent legal help.
If you or a friend or coworker is struggling to deal with discrimination, harassment or retaliation at a New York City job, speak with the attorneys of Joseph, Herzfeld, Hester & Kirschenbaum LLP. Phone us for a free consultation at (866) 348-7394, or explore our many online resources at www.jhllp.com.
1. The Age Discrimination in Employment Act of 1967 -- also known as the ADEA, this law shields employees and job applicants aged 40 years old and older from being discriminated against in "hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment." Not all applicants or employees are protected by this act. The Equal Employment Opportunity Commission (EEOC), a federal agency, oversees enforcement of the ADEA.
2. The Age Discrimination Act of 1975 -- outlaws discrimination 'on the basis of age in programs and activities receiving federal financial assistance.' It applies to people of all ages and does allow certain distinctions and 'factors other than age' to be used to make decisions. The Civil Rights Center enforces this act.
3. The Older Workers Benefit Protection Act of 1990 -- This changed the ADEA to bar employers from refusing to pay out benefits to certain older workers.
4. Three key federal regulations also often have bearing on age discrimination cases, according to the Department of Labor's website. These include:
• 29 CFR Part 37: This governs 'the implementation of the non discrimination and equal opportunity provisions of the workforce investment act'
• 27 CFR Part 1625: This interprets aspects of the ADEA.
• 29 CFR Part 1626: This discusses the procedures that govern the Age Discrimination Act of 1975.
Other key points:
• In general, an employer may not use age limitations or preferences in advertisements unless there are so called "bona fide occupational qualifications."
• Employers may ask a job applicant for his or her age or date of birth, but he or she can only do so for purposes that are not prohibited by the Age Discrimination in Employment Act.
• Employees may waive rights to claims under this Act, but the terms of such waivers are strict. For instance, the waiver has to be in writing, and it must be 'in exchange for valuable consideration.'
• Employers may not retaliate against employees: for filing an age discrimination complaint; for testifying on behalf of another employee in an ADEA case; or for helping out with an investigation or with litigation pursuant to the ADEA.
For legal help with your age discrimination, harassment, or retaliation case, connect with the attorneys here at Joseph, Herzfeld, Hester, and Kirschenbaum. Our highly credentialed and results-oriented team can provide a free, no obligation consultation regarding your matter. Phone us now at (866) 348-7394, or explore our resources, philosophy, and process at www.jhllp.com.
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