Recently in Sexual Harassment Category

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 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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June 8, 2010

New York Sexual Harassment and Discrimination Case Decision: Novartis to Pay $3.3 Million (and Punitive Damages)

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.

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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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May 5, 2010

Gender Discrimination against Wal-Mart Certified as Class Action - Could be Biggest Class Action Suit in History

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.

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April 19, 2010

Explosive Sexual Harassment Allegations Against Action Star Steven Seagal

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.

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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 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 9, 2010

Gender Discrimination Suit against Wal-Mart Nets Plaintiffs $12 Million in Damages and Back Pay

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.

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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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January 23, 2010

EEOC Workplace Discrimination Charges near Record Highs For 2009

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.

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January 15, 2010

Male To Male Sexual Harassment Alleged at New York Restaurant

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.

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January 4, 2010

All about New York City's Anti-Discrimination City Human Rights Law

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.

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