Employment Lawyer Blog

Allegations of sexual harassment and retaliation have led to the downfall of David Davidar, the former CEO of Penguin Canada and one of India's most iconic publishing legends. Lisa Rundle, a woman who worked for Penguin for three years, filed a sexual harassment suit against Davidar and another lawsuit against Penguin for firing her in retaliation after she initiated complaints.

Rundle claims that Davidar began harassing her in 2007 by leering at her and making suggestively sexual comments. The following year, he allegedly called her at night seeking to be let into her house and sent her unwanted text messages and emails. Finally, at the Frankfurt Book Fair, Davidar allegedly forced his way into Rundle's hotel room and kissed her. Rundle seeks nearly $0.5 million from Penguin for the wrongful termination as well as $100,000 in damages specifically from Davidar.

Another suit may further complicate matters for both Davidar and Penguin. Samantha Francis, the publishing icon's former executive assistant, has also filed a sexual harassment against her ex-boss.

The legal wrangling over specifically what transpired at Penguin among Rundle, Francis, Davidar, and other managers and human resources people will likely continue for months if not years. The complexity of this case - as well as the media scrutiny, especially from international outlets such as Globe and Mail - illustrates just how important it is for claimants to have excellent attorneys helping them when they come forward with allegations.

To that end, if you or a family member has been struggling with sexual harassment or other kinds of discrimination at work, please call (866) 348-7394 today to discuss your case in full confidence with the attorneys of Joseph, Herzfeld, Hester & Kirschenbaum. You can read more about us at www.jhllp.com. Educate yourself about your rights in order to defend them - connect with us for a free consultation.

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 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.

The Bentonville, Arkansas-based retailer Wal-Mart faces a class action suit for gender discrimination that could go down as the biggest class action in American history. In an 84-page order issued at the end of April, the Ninth Circuit Court ruled 6-5 that Wal-Mart can face class action charges that it discriminated against female employees. The class will include around 1.5 million women - all female employees who worked for the retailer from December 26, 1998 onwards. Six women will represent the class. The titular claimant, Betty Dukes, worked as a greeter at a California Wal-Mart and sued the store in 2001. Wal-Mart operates more than 3,400 stores. If the litigation goes to trial, and the court finds in favor of the plaintiffs, Wal-Mart may have to pay out literally billions in damages.

What Claimants Seek in this Giant Gender Discrimination Suit

According to allegations, Wal-Mart's culture facilitated discrimination against female employees. Women earned less than male counterparts and found it harder to climb the corporate ladder. Plaintiffs point out that 70% of Wal-Mart's hourly paid workers are women; whereas only around 30% of its managers are women. The plaintiffs seek punitive damages and back pay.

The Ninth Circuit Court had to resolve whether the sheer size of the class would make the dispatch of any case unmanageable. Judge Michael Hawkins, who voted in favor of the certification, wrote that "although the size of this class action is large, mere size does not render a case unmanageable." A dissenting judge disagreed and wrote that "no court has ever certified a case like this one, until now, and with good reason."

For its part, Wal-Mart has denied allegations of gender discrimination and general employee discrimination. A company statement said, "we do not believe the claims alleged by the six individuals who brought the suit are representative of the experiences of our female associates."

Wal-Mart has numerous options at its disposal, including an appeal to the U.S. Supreme Court to attempt to decertify the class action.

If you or a family member has experienced sexual harassment, gender discrimination, or any other kind of employment discrimination, options are available. The New York based law firm of Joseph, Herzfeld, Hester & Kirschenbaum can provide a no-nonsense, no obligation consultation about your pressing discrimination claim. Call us toll free at 1-866-348-7394, or email to get immediate assistance through our website at www.jhllp.com.

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.

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.

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.

New York sexual harassment and gender discrimination are prohibited by Title VII of the Civil Rights Act as well as by New York State's own anti-harassment laws. This article will explore the concept of NY sexual harassment and introduce you to some generally accepted strategies for preventing it and ending it at the workplace.

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.

It seems like every day in the news we read about new cases of ferociously unfair workplace discrimination in New York, as well as harassment, wage and hour violations, and retaliation. Unfortunately, by the time that independent parties are brought in to resolve workplace frustrations, it is often too late to avoid lawsuits and litigation. But could there be a simpler way to preserve employee rights and protect the business interests of employers?

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.

New York employment discrimination and retaliation cases drain millions of dollars and thousands of man-hours every year. What about the Big Apple makes some employees particularly vulnerable to being discriminated against on the job?

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.

On Tuesday, November 10, 2009, the Salt Lake City, Utah City Council passed an ordinance banning discrimination based on sexual orientation in employment and housing. The seven member Council unanimously passed the ordinance, which makes it illegal for employers or landlords to discriminate against individuals on the basis of their sexual orientation. Given that the Church of Latter-Day Saints' (LDS) elders eagerly backed California's Proposition 8 last November -- which banned gay marriage in California -- the sudden support for gay rights has been viewed as a shocking turnaround.

Although progressive activists in California and Utah alike hailed the Church's support of these anti-discrimination measures, some have wondered whether the shifting stance reflects a change of a philosophy or a calculated political decision designed to appease moderates who were turned off by the Church's anti-gay marriage crusade in 2008.

The ordinance only applies to Salt Lake City -- and not to the state of Utah as a whole -- but it reflects similar ordinances passed in dozens of cities across the nation. It may portend a growing intolerance of discrimination towards gays, lesbians, bisexuals, and transgendered individuals. The ordinance will go into effect in April 2010.

Likely, the Church's decision reflects a kind of split thinking that many conservatives have about the subject of equality for people of different sexual orientations. On the one hand, the LDS and other conservative groups remain unified in their opposition to gay marriage: witness the recent defeat of a pro gay marriage bill in Maine in the November 2009 elections, and consider the Church's statement reaffirming its commitment to 'defending the bedrock foundation of marriage between a man and a woman.'

On the other hand, there simultaneously appears to be a trend towards recognizing the unfairness of employment, harassment and housing discrimination against gays and lesbians. How this cognitive dissonance plays out remains to be seen.

If you believe that you or a friend or a loved one has been the victim of discrimination based on sexual orientation, the attorneys here at Joseph, Herzfeld, Hester, and Kirschenbaum can help. Connect with our legal associates right now by dialing (866) 348-7394, or learn more about our firm at www.jhllp.com.