Employment Lawyer Blog

In November 2009, GINA, the Genetic Information Nondiscrimination Act, officially went into law, prohibiting employment discrimination based on DNA related differences. GINA is an extremely young law and a broad one at that. So, it may take some time before its repercussions manifest in the real world of workers and employers.

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.

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.

In 2009, the Equal Employment Opportunity Commission (EEOC) had over 93,277 employment discrimination charges filed -- just missing the 2008 record by 2.2 percent. The acting chairman of the EEOC issued a statement in light of this data calling on employers across the country to step up their efforts to combat workplace discrimination, sexual harassment, and retaliation.

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.

The US Equal Employment Opportunity Commission (EEOC) has reportedly filed charges against a New York City restaurant, Sparks Steakhouse, for permitting male to male sexual harassment and for retaliating illegally against an employee who complained about the abuse.

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.

Employment discrimination, harassment, and retaliation in New York can be punished pursuant to the City Human Rights Law. Let's review the basics of this crucial law.

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.

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.

An EEOC (Equal Employment Opportunity Commission) racial discrimination lawsuit leveled against the Albertsons grocery chain has resulted in an $8.9 million payout to nearly 170 Hispanic and African American plaintiffs who had alleged that they had been taunted based on their ethnicity and forced to look at racist graffiti plastered all over company restrooms.

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.

Here is a brief primer on age discrimination laws in the United States and some facts about how these laws work.

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.

Prior to filing an employment discrimination, harassment, or retaliation claim, a claimant must assemble a strong evidence-based case. Thus, it's useful to review precisely what constitutes a violation of workplace law and what's just annoying behavior.

Federal law prohibits discrimination based on a variety of factors, including religion, race, sex, national origin, age, and sexual orientation. However, the law does not prohibit all forms of unpleasant behavior or speech. For instance, the annoying contact has to be 'pervasive' and it has to be significant enough to be construed as creating a hostile work environment.

What kinds of actions might be impermissible?

• Coworker repeatedly sends you sexually suggestive emails or pictures after you've requested him to stop.
• New boss makes racist or sexist remarks to subordinates; and uses "loaded" terms to describe someone's ethnicity, gender identity or ancestry.
• A coworker inappropriately touches or threatens to touch you.

Isolated incidents may not be actionable. Not all teasing will be considered harassment. Certain casual but offensive comments -- which are not intended to be heard by others -- may also not be actionable. Private remarks made on blogs or on social network sites like MySpace and Facebook may or may not constitute a problem.

Legal scholars hotly debate many of these issues. At precisely what point do free speech and privacy rights trump the rights of employees to work in an environment free of teasing, tormenting, and gossip?

Harassing contact must be 'unwelcomed.' For instance, if your boss flirts with you; and you respond by returning the flirtation and perhaps even initiating a relationship, that may not be considered harassment, although the legal issues that can crop up when a boss and subordinate start dating can get quite complicated.

If you or a family member or friend has been victimized by harassment, discrimination, retaliation, or other problems stemming from a hostile work environment, and you want sound advice about whether or not legal action may be a solid option, connect today with the attorneys here at Joseph, Herzfeld, Hester & Kirschenbaum. Your consultation with us is free and confidential, and you can call us any time at our toll free hotline, (866) 348-7394, or visit us online at www.jhllp.com.

According to wire reports, an as of yet unidentified Latina women in her thirties has sued her former employer, Cascade Foods, for retaliation, after she refused to amend a restraining order against a coworker.

According to the lawsuit, which was filed in District Court in Oregon by the U.S Equal Employment Opportunity Commission (EEOC), Cascade Foods violated Title VII of the Civil Rights Act of 1964 by punishing the woman for protesting the workplace harassment of a former boyfriend. The claimant had obtained a police restraining order against the ex-boyfriend, after he allegedly assaulted and threatened her.

As a result of the restraining order, the boyfriend could no longer work at Cascade Foods. Apparently, company higher-ups (for some reason) were desperate to hold on to this worker. They thus urged the female employee to change her hard-won restraining order to allow the boyfriend to continue working at the company. She refused. And then the company fired her.

If these allegations are true, management at the company clearly committed illegal and egregious insults against this woman. The EEOC is seeking a range of remedies, including damages, lost wages, and mandatory company anti-discrimination training.

Unfortunately, when office romances go south, legal and logistical problems often soon follow. If you or a coworker has been subjected to unwanted sexual advances, harassment, or retaliation for making complaints about violations of your workplace rights, turn to the attorneys of Joseph, Herzfeld, Hester & Kirschenbaum. We can provide resources to help you systematically deal with every aspect of your case, and our experience and track record speak for themselves. Head to www.jhllp.com to find out more about our legal team, or phone (866) 348-7394 right now to discuss your critical matter with our expert lawyers.

According to a September 29th article from Reuters, the United States Equal Employment Opportunity Commission (EEOC) has filed suit against America's second biggest bank, J.P Morgan Chase & Company, for allegedly perpetrating both sexual harassment and retaliation against female employees who complained about the abuse.

The main complainant, Aimee Doneyhue, had been working in a Columbus, Ohio branch of J.P Morgan. She contacted the EEOC to complain about her company's "sexually hostile" culture and further charged that the bank did not allocate salary payments, commissions and bonuses fairly among men and women. Subsequently, according to the allegation, when Doneyhue's superiors learned about her complaint, they fired her in retaliation, calling her an "idiot." The EEOC seeks a range of damages and remedies from J.P Morgan Chase, including punitive payouts, back pay, and a change in the culture at the company.

If you or a coworker has been subjected to gender discrimination, sexual harassment, or retaliation, it may behoove you to speak with the veteran attorneys of Joseph, Herzfeld, Hester & Kirschenbaum about possible solutions. Dial us at any time at (866) 348-7394 for a free, no obligation consultation, or find out more about the firm's history and philosophy at www.jhllp.com.

According to an Associate Press article dated July 9th, 2009, the federally run Equal Employment Opportunity Commission (EEOC) has won a $250,000 judgment in a sexual discrimination and retaliation case involving a temp agency.

According to the report, a company called Preferred Labor LLC - an employment company based out of North Carolina - had illegally catered to customer requests for male-only temps for certain jobs. One woman alleged that, after she complained about the company's gender discrimination tactics, her superiors punished her -- in direct violation of federal prohibitions against employer retaliation.

Preferred Labor is no longer in business, and it has sold off its component parts to an outside employment agency. If the company wished to start up again, it would have to pay for and conduct manager and employee training in anti-discrimination.

Unfortunately, many temporary employees -- like the Worcester women who suffered both discrimination and retaliation in this case -- are only dimly aware of their rights under employment law. Even temporary hires and independent contractors cannot be subjected to harassment or discrimination on the job. To find out more about your legal rights or to press for liability against your employer or former employer, connect with the law firm of Joseph, Herzfeld, Hester & Kirschenbaum LLP today.

On June 22nd, a Federal District Judge decreed that the Hickory Hills Country Club in Illinois would have to pay a total of $690,000 to claimants in an ongoing dispute that includes charges of gender and race discrimination as well as retaliation. The United States Equal Employment Opportunity Commission (EEOC) brought the suit against Hickory Hills on behalf of a class of claimants, including female employees and African-American job applicants who have been denied employment (allegedly) due to their race.

Timeline of the Case:

On October 24th, 2007, three female claimants filed a private suit against their employers for sex discrimination. The women claimed that they had been harassed and had been subjected to hostile work conditions. The defendants responded by countersuing the women in Illinois court, claiming that the women had breeched fiduciary duties and destroyed the banquet hall's property. The EEOC investigated the defendant's countersuit and found that not only did it have no grounds, but that it also violated the claimants' federally protected rights to take action to combat workplace discrimination.

In September of 2008, the EEOC countersued Chateau Del Mar for retaliating against the women. The three separate cases were all brought before a US district judge as components of a related matter. Per a consent decree, the judge resolved the cases and stipulated that the claimants should receive monitory relief and that Hickory Hills and Chateau Del Mar must train their staffs in gender and race discrimination law.

If you or a coworker has been subjected to racial discrimination, sexual harassment, or retaliation, the law provides you with an array of tools to exact justice and collect compensation from your employer. To find out more about your rights and your employer's legal limitations, connect with the firm of Joseph, Herzfeld, Hester & Kirschenbaum LLP today. We offer free, totally confidential consultations for prospective clients.

Two prominent Colorado ski resorts, Keystone and Vail, have been ordered to pay $80,000 to a claimant named Lisa Cornwell, pursuant to charges of religious discrimination and sexual harassment at the workplace. Ms. Cornwell, represented by the Equal Employment Opportunity Commission (EEOC), had alleged that her supervisor at Keystone had harassed her based both on her religious practices/beliefs and her gender. Her boss, Rick Garcia, did not allow Ms. Cornwell to talk about her religion or listen to religious music at work; at the same time, Mr. Garcia did allow other workers to listen to music that contained profanities and lyrics that degraded women, which made Ms. Cornwell uncomfortable. In addition, the EEOC complaint against the Vail Corporation and Keystone Resort alleged that Ms. Cornwell had to tolerate untoward sexual jokes and had unfairly been denied shift priorities. Furthermore, when Ms. Cornwell contacted the EEOC about the abuse she had been receiving, Mr. Garcia terminated her in retaliation.

The EEOC alleged that the Vail Corporation and Keystone Resort had violated Title VII of the Civil Rights Acts of 1964, which mandates that employers accommodate the religious beliefs of their workers and which outlaws gender discrimination and retaliation at the workplace. The EEOC had attempted to reach an out of court settlement with Vail, but when negotiations broke down, the EEOC took the matter to trial. The Denver Field Director of the federal agency noted that religious discrimination claims like Ms. Cornwell's have been increasing over the past decade - up 80% from the late 1990s.

If you have encountered religious discrimination, gender harassment, retaliation, or other unfair workplace conditions, the law firm of Joseph, Herzfeld, Hester & Kirschenbaum LLP may be able to assist you. Peruse our website, or contact us either via email or phone to set up a confidential discussion about your matter.