Recently in Retaliation Category

July 26, 2010

Discrimination and Retaliation Suit Nets D.C. Police Officers $900,000

The Washington Examiner reports that a jury has weighed in favor of the claimants in a profound racial discrimination and retaliation case involving five black police officers in Washington D.C. The $900,000 verdict aims to compensate the officers, who worked for the First District's Focus Mission Unit - a top level vice squad. Their commanding officer, Lieutenant Wilkins, allegedly engaged in racial discrimination back in 2006. On June 16, 2006 the five officers got together and wrote a letter complaining about what was going on in their department. Several months later, the officers got targeted - transferred to lower positions and taken out of their unit.

More disturbingly, their commanders allegedly did not tell the 5 officers about armed robbery suspects around them and also withheld info about critical observation posts. In addition to demoting/transferring the elite officers out of their unit, the upper echelon of the force moved Wilkins into "a more prestigious position," according to the Examiner.

The jury believed the claimants' argument that retaliation occurred in response to the anonymous letter (and follow-up official complaint) of racial discrimination. That said, a spokeswoman for the D.C. police told the Examiner that the department will likely appeal the decision.

As this story shows, racial discrimination, harassment, and retaliation can rear its head even in institutions designed specifically to protect the public interest. If you or a loved one or co-worker has experienced something like this - such as being demoted or fired for complaining about unfair treatment at work or hostile comments from your boss - you may be entitled to significant compensation and other legal remedies.

The attorneys at Joseph, Herzfeld, Hester & Kirschenbaum can help you explore your rights. For a free and zero-obligation consultation, dial 1-866-348-7394 right now, or review www.jhllp.com for more info about the attorneys and firm's philosophy.

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July 14, 2010

Age Discrimination Case Settlement in Arizona after EEOC Victory

The U.S. Equal Employment Opportunity Commission (EEOC) won a resounding victory in an age discrimination case on June 14th when an Arizona packaging company was ordered to pay out $250,000 to three 40-something claimants. The settlement followed a Ninth Circuit Court of Appeals reversal of a lower court judgment that had originally dismissed claims against the company (TIN Inc) by awarding the company a summary judgment.

In its review last October, the Ninth Circuit Court of Appeals found that two TIN Inc supervisors had said things that led the jury to conclude "that they harbored discriminatory animus towards older workers." The container board company will pay $0.25 million to the three fired employees, who worked at TIN Inc from 2000 to 2005. In addition, the company must educate all employees about the Age Discrimination in Employment Act of 1967.

Last year, the EEOC collected over $72 million for age discrimination claimants, and the organization received nearly 23,000 complaints.

If you or a coworker or a loved one has been demoted, fired, sexually harassed, or discriminated against on the basis of your age, and you are 40+ years of age, you may be able to take legal action pursuant to the Age Discrimination in Employment Act. For fast and immediate assistance with your case, connect now with the lawyers at Joseph, Herzfeld, Hester & Kirschenbaum at (866)348-7394 or www.jhllp.com.

Remember: Age discrimination can work subtly and viciously to deprive you of opportunity, influence and income. Connect with our attorneys to develop your most effective response now.

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July 6, 2010

Sexual Harassment and Retaliation Allegations Topple a Publishing Legend

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.

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June 30, 2010

Critical Retaliation Case Reaches Highest Court in the Land

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.

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June 14, 2010

Sexual Harassment alleged at Citigroup in New York

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.

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May 28, 2010

Battling New York Employment Discrimination with the help of the State Division of Human Rights

New York employment discrimination is prohibited by the state's unique Human Rights Law, which ensures "an equal opportunity to enjoy a full and productive life" for all NY citizens. The state even has an institutional organ, the New York State Division of Human Rights (DHR), to help people who have been discriminated against in employment, housing and credit. The DHR provides critical services, such as:

Prosecuting/stopping illegal New York discrimination.
Investigating and resolving certain claims.
Educating people about the damaging effects of discrimination and helping all parties understand their rights and obligations under state law.
Developing policies for the New York legislature to advance the cause of human rights.

The DHR's main offices are in the Bronx, but the DHR maintains regional offices throughout New York. NY state law prohibits discrimination on the basis of family or military status, age, disability, sexual orientation, gender, national origin, race, creed, and color. The law also makes it illegal for an employer to retaliate against a worker for investigating or filing a claim (for instance by firing or demoting her).

Differences between Federal and New York State Employment Discrimination Laws

The New York Human Rights Law is separate from federal laws that prohibit employment discrimination. Although these laws have much in common they overlap as well. For logistical purposes, in some cases of employment discrimination covered by both federal and NY state law, you can file a single complaint with the New York State Division of Human Rights. For more information, see the FAQ section on the Division's official website.

Limits of the Human Rights Law

Every employer who has at least four employees is subject to the HRL. Potential plaintiffs may have only one year following the act of discrimination to file a complaint. Connect with the reliable New York employment discrimination and harassment attorneys of Joseph, Herzfeld, Hester & Kirschenbaum to find out more details and for assistance in placing a claim.

For more information about the New York State Division of Human Rights, visit the DHR in person at 1 Fordham Plaza, 4th floor, Bronx, New York 10458, or phone them at 718-741-8400.

Often the variables involved in pursuing a New York discrimination, harassment, or retaliation claim against your current or former employer can be confusing. Call the experienced employment rights attorneys at Joseph, Herzfeld, Hester & Kirschenbaum at 866-348-7394 for assistance, or explore more free resources at our website, www.jhllp.com.

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May 11, 2010

Peculiar New York Sexual Harassment and Retaliation Case - Salesman Alleges He was Targeted for Being Straight

The New York Daily News is reporting on an exotic New York retaliation and sexual harassment case involving accusations that a salesman's boss made homosexual advances on him.

Background:

Salesman Adolfo Mendez worked for the Gucci Department Store on Fifth Avenue for years, becoming a top seller of luxury apparel. When a new boss took over his department, however, problems ensued. According to allegations, this new manager, Michael Daly, gave Mendez a massage and touched him on his buttocks multiple times. Mendez rebuffed the advances and told his boss that the touching made him uncomfortable. Daly did not respond sympathetically. Soon thereafter, another manager, David Gray, took the helm of the Gucci women's clothes department and made mocking comments towards Mendez, such as "I know you are gay."

Mendez asked his managers to stop the New York sexual harassment and even complained to the HR department, but this didn't seem to help. Gucci put him on administrative leave and then fired him two weeks after he complained. In the wake of all this, Mendez leveled a lawsuit against Gucci for $5 million for New York sexual harassment and retaliation. Although the two managers at the center of the alleged scandal no longer work for Gucci, the company can still be held liable for their actions.

Unfortunately, in many sexual harassment cases, plaintiffs experience a double hit. They face direct aggravation from the harassment. And then they endure stonewalling from HR. If you or a family member has complained fruitlessly to your HR department about harassment, employment discrimination, or other unwanted behaviors, you may be able to take legal action to seek significant compensation under New York and national anti-discrimination laws.

To get justice and end the harassing conduct, look to Joseph, Herzfeld, Hester & Kirschenbaum. Call us today for a free consultation at 1-866-348-7394, or visit us on the web at www.jhllp.com.

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April 25, 2010

Religious Discrimination against Muslim Women Wearing Hijabs on the Rise, according to statistics kept by the Council on American-Islamic Relations (CAIR)

Religious discrimination against Muslim women wearing a traditional headscarf known as the hijab is a perennial problem, according to officials at the Council on American-Islamic Relations (CAIR), which reports that in the first three months of 2010, more than 40 women in separate incidences complained about discrimination as a result of their wearing hijabs.

For instance, a 19-year old named Naseehah Barlaskar claims that she was denied a job at a local McDonald's in Michigan because she insisted on wearing what her prospective manager called "that thing." In response to this allegation, a McDonald's spokesman issued the following statement: "McDonald's has a strict policy prohibiting any form of discrimination. These allegations are not consistent with our policies."

In San Francisco, a college student named Hani Khan sued a San Francisco clothing store owned by Abercrombie & Fitch. Khan alleges that her supervisors told her to remove her hijab in order to work at the store. She refused the instructions and was subsequently fired. Abercrombie & Fitch is no stranger to disputes about racial discrimination, gender discrimination, and other employment discrimination. In 2004, A&F had to pay out $50 million to a class of people who brought action via the Equal Employment Opportunity Commission (EEOC).

Although employment discrimination claims constitute the bulk of hijab-related discrimination complaints, the problem seems to be even broader in scope. For instance, CAIR reports that the Delaware DMV had to apologize to a 16-year-old driver's license applicant after a DMV clerk (inaccurately) told her that she could not wear her hijab in her driver's license photo.

Have you or a family member been victimized by religious or national origin discrimination while on a job interview or at work? If so, get a free and confidential consultation with the expert lawyers at Joseph, Herzfeld, Hester & Kirschenbaum. Go to www.jhllp.com to learn more about the firm, or dial (866)-348-7349 (toll free) to discuss your situation in confidence with a veteran employment discrimination attorney.

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April 7, 2010

New York Gender Discrimination Case Against Merrill Lynch and Bank of America Could Become a Class Action Suit

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.

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April 1, 2010

Employment Discrimination against Gay, Lesbian, Bisexual, and Transgender Individuals Must End, Cry Bloggers

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.

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March 28, 2010

Age Discrimination Claims up 17% since 2009, According to the EEOC

The Equal Employment Opportunity Commission (EEOC) has reported that age discrimination claims have spiked precipitously since 2007. When considered alongside the U.S. Supreme Court's decision last year to raise the burden of proof that plaintiffs must provide in age discrimination cases, this bump in claims has alarmed many policy analysts.

With the graying of the Baby Boomer generation -- according to non-disputed numbers, around 10,000 seniors become eligible for Social Security every weekend -- many believe that our society is in some ways reaching a crisis point. Today's seniors face a difficult economy, more market volatility, slashed retirement funds, and a legal environment in which it is more and more difficult to file successful age discrimination cases.

Moreover, the courts likely only see a fraction of cases that could be brought. Many discouraged seniors -- who either don't get hired, don't get a due promotion, or get fired unfairly -- choose to look for a new job instead of to pursue legal recompense. Likewise, many would-be claimants simply do not have enough support or confidence in their allegations to take matters to court.

What's frustrating is that good help is available for seniors. With the right kind of legal guidance - timely, and from credentialed, experienced, resourceful attorneys -- victimized seniors can get just compensation from an employer (or would-be employer).

For immediate assistance with any kind of age discrimination related claim (such as harassment or retaliation), look to the esteemed and reliable team here at Joseph, Herzfeld, Hester & Kirschenbaum. Our attorneys have been fighting on behalf of discriminated-against employees for years. We can provide a free, confidential, and no hassle first consultation to answer your questions and help outline a strategy for you. Call us now at (866) 348-7394, or look around our website, www.jhllp.com, to learn more.

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March 15, 2010

Gender Discrimination Case against Les Schwab Tires Results in $2 Million Payout

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.

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March 12, 2010

Gender Discrimination and Sexual Harassment Issues Tackled by International Women's Day Groups

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.

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March 1, 2010

New Anti Employment Discrimination Law Prohibits Genetic Discrimination

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.

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February 12, 2010

New York City Sexual Harassment: Where does it come and how can it be prevented?

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.

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