Employment Lawyer Blog

A major gender discrimination case against Bentonville, Arkansas based Wal-Mart was settled on March 3rd for $12 million. The Equal Employment Opportunity Commission (EEOC) had filed the class action against the superstore on behalf of female applicants, who had alleged that they had been systematically denied job opportunities at a warehouse in Wal-Mart's London, Kentucky distribution center.

Wal-Mart allegedly turned away women in favor of 18-to-25 year-old men for the positions - in direct violation of the Title VII of the Civil Rights Act of 1964.

Terms of the Settlement

The retail giant will have to pay $11.7 million in compensatory damages and back wages. In addition, Wal-Mart will have to pay $0.25 million in administrative fees. Finally, Wal-Mart must fill the next 50 available positions at the London, Kentucky warehouse with female applicants; subsequent to that, female hires must make up a substantial proportion (fixed by the settlement) of new hires moving forward.

U.S. District Judge Karen Caldwell approved the settlement, which applies to all female job applicants at the London, Kentucky warehouse from 1998 through 2005. A plant administrator will oversee the dispersal of the compensation. The EEOC will adjudicate whether claimants should receive compensation or back pay.

Although Wal-Mart has often been in the news as a defendant in cases of alleged gender discrimination, retaliation, race discrimination, and harassment, the giant retailer is not the only large company to come under the gun for these and other employment discrimination allegations.

If you or a co-worker has experienced employment discrimination - whether you work at a boutique New York firm or a large corporation in America's heartland, the experienced attorneys of Joseph, Herzfeld, Hester & Kirschenbaum can be of service. Please connect with our professional litigators at www.jhllp.com or (866) 348-7394 for a confidential and free consultation.

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

The legal definition of "sexual harassment" is purposefully ambiguous. In general, any workplace conduct or sexual advance that is not welcome or that turns the work environment into a hostile or intimidating place to be can be construed as harassment. The line between appropriate and inappropriate conduct depends closely on context.

What might be acceptably flirtatious at one job might be inappropriate harassment at another. To illustrate the concept further, let's take a look at some real world examples of what would likely be construed as NYC sexual harassment:

• A sales manager demeans female customers to his subordinates by insulting or mocking their figures and style of dress.
• A bus boy gropes a waitress - pitching her buttocks or grabbing at her chest.
• A boss posts sexually explicit cartoons on his subordinate's desk as a joke.
• An employee forwards a lewd email around to co-workers that contains sexually explicit pictures or language.
• A secretary at an accounting firm becomes uncomfortable when her supervisors spend half an hour exchanging dirty jokes in the break room.

While most victims of sexual harassment are women; men can suffer harassment as well:

• For a fictitious example of female-to-male sexual harassment, see the 2009 Sandra Bullock movie, "The Proposal."
• For a real world example of NYC male-to-male sexual harassment, see the allegations recently filed by the Equal Employment Opportunity Commission (EEOC) against Sparks Restaurant in NYC.

Preventing harassment is an ongoing challenge for employers and employees alike.

One good place to start is a clear and well publicized policy. Employers and direct supervisors should know this policy inside and out and should convey it effectively to subordinates. Policy must be reasonable, regularly reviewed, and unambiguous.

Effective training and retraining can also prevent the spread of sexual harassment in workplaces. Unfortunately, office cultures can get corrupted by the "meme" of New York City sexual harassment. This social virus (if you will) then causes problems. For instance, some Wall Street companies are notorious for cultivating chauvinistic, if not outright, misogynistic atmospheres. Workers and supervisors who learn in this kind of environment may come to believe that it's socially acceptable to sexually harass co-workers, tell dirty jokes, and so forth.

To fix sexual harassment problems endemic to certain companies, therefore, entire office cultures may need to be re-engineered. That's no small task.

If you have been a victim of NYC sexual harassment, gender discrimination, or retaliation - or if you know a co-worker who needs help - the legal experts of Joseph, Herzfeld, Hester & Kirschenbaum can help. Call us at (866) 348-7394, or connect with us through our website: www.jhllp.com. We can make a real difference and help you get compensation for lost wages or other problems you have suffered.

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.

While harassment and discrimination in New York workplaces can make the lives of city employees miserable, the Big Apple offers a slew of resources and solutions to aid workers and bosses alike in the ongoing quest for a stress-free, discrimination-free workplace. Here are some New York City specific resources and tools to combat discrimination, harassment, and retaliation on the job.

1. Ample free resources exist for members of the New York labor force. For instance, check out:

a. The New York Department of Labor's workforce website
b. The New York State's Workers' Compensation Board website
c. City service organizations -- including volunteer groups, non-profits, and religious groups -- also offer support, job placement help, and useful info.

2. The city boasts many laws designed to protect the rights of workers and to ensure that legal redress is possible. These include:

a. New York State Employment Safety and Security Act
b. Title 12 of the New York Codes, Rules and Regulations (NYCRR)

3. If you don't like your job, it is (relatively) easy to find a new one in the Big Apple.

New York City may have been slammed by the recent recession, but job opportunities in a wide variety of industries abound. Talk to an employment counselor to identify your career and financial objectives.

4. New York City boasts amenities to help people de-stress.

From four star gyms to superlative day spas to top notch executive career counseling, New York City has endless resources to help struggling workers relax, refocus, and re-engage. By taking advantage of these resources, employers and employees alike can reduce stress at the workplace and thus indirectly limit the number of sexual harassment, discrimination, and retaliation cases.

5. New York City has excellent legal help.

If you or a friend or coworker is struggling to deal with discrimination, harassment or retaliation at a New York City job, speak with the attorneys of Joseph, Herzfeld, Hester & Kirschenbaum LLP. Phone us for a free consultation at (866) 348-7394, or explore our many online resources at www.jhllp.com.

Workplace harassment, discrimination, and retaliation claims can drain the time and energy of small business owners. No employer wants to deal with a contentious lawsuit. But when owners and managers don't understand their legal responsibilities, problems can emerge and compromise even healthy and functional workplaces. So what are some behaviors to avoid when cultivating a respectful, harmonious work environment?

1. Distributing workload unfairly among employees. Favoritism can leave 'unfavored' workers feeling frustrated, out of the loop, and marginalized. Conversely, a favored employee may likewise feel uncomfortable, particularly if the favoritism could be construed as unwanted flirtation.

2. Not respecting the privacy of employees. For a good primer about how NOT to behave as a manager of a small business, watch the antics of the fictional employer Michael Scott on NBC's The Office. Scott regularly engages in behaviors that would - in the real world - be construed as creating a hostile work environment.

3. Failing to document events. If an employee complains to you about the behavior of a colleague, for instance, take notes and keep these notes on file. If you are confused about how to process a complaint, contact your human resources department or even a government agency such as the EEOC. By keeping careful track of complaints and official company responses, you can hopefully resolve employee issues faster and more efficiently and thus protect everyone's rights.

4. Maintaining a biased promotion and firing policy. Whether the economy expands or contracts, employers must constantly reshuffle their human resources decks. To avoid giving the appearance of impropriety to any hiring or firing decision, maintain clear, realistic, and legal policies regarding your HR decisions. Your employees should understand your decision-making criteria. Above all, practice empathy!

5. Failing to pay attention to the demeanor of employees and to the general attitude of your workers. Gauge the esprit d'corps of your employees carefully and methodically. If even one person on your team seems uncomfortable, investigate carefully and mindfully. Be on the look out for signs of bullying, intimidation, inappropriate humor, and illegal behaviors (like drug use at work).

6. Allowing the office to get messy. A work environment that's not clean, tidy and attractive can corrode morale. This can create stresses between co-workers and even contaminate relationships with clients. Ensure that the physical space in which you and your employees inhabit meets strong standards of hygiene.

For help assessing whether you may have a legally actionable employment discrimination, harassment, or retaliation case, talk to the accomplished lawyers here at Joseph, Herzfeld, Hester & Kirschenbaum at (866) 348-7394 (you can also find out more at www.jhllp.com). Our expert litigators can help you determine your next actions. Call today to get the help you deserve.

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.

When it comes to employment discrimination, harassment, and retaliation, prevention is often the best strategy. Employees harmed by workplace age, race, or sexual discrimination have options to get compensation and stop any unfair practices. But ideally, one should just enjoy working in a stress free, harassment free zone.

When job hunting, watch for the following red flags that could indicate a less than harmonious working environment.

1. Sloppy office/ poorly maintained premises. As the adage goes, a picture is worth a thousand words. If a place of potential employment is a pigsty beset by hazards such as litter, slippery floors, or even just a permeating bad smell, trust your gut and get out of there!

2. Erratic, depressed, or anxious feeling pervading workplace. Do the people in the office seem excited and energized to be there? Or do they appear anxious, depressed, extremely stressed out, fatigued, or crabby? Obviously, everyone has good and bad days - and this is true for highly functional offices as well. But the mood of a place of business can give you strong hints about its managerial practices.

3. Public complaints about the business. Obviously, not every "sour grapes" story you hear through the grapevine is true. But if you note a pattern among complaints - particularly if they relate to a boss you may have to work for - pay attention.

4. Past employees/ associates speak badly about their experiences. Ex-employees/associates can offer a solid, candid perspective on a business. Be aware, however, that many factors can influence job satisfaction -- including personal factors that can unfairly color perspective.

5. The company has been accused in the past of creating or abiding a hostile work environment. You can consult the Equal Employment Opportunity Commission for information about certain past hostile workplace complaints.

6. Boss is demanding - even before you begin to work there. If you interview with a potential superior and that person begins grilling you and treating you like you are already a subordinate, this could indicate that your future boss might be a control freak.

If, however, you're already in an undesirable workplace situation, get help navigating the complex legal issues concerning employment discrimination, hostile work environments, discrimination, harassment, or retaliation. Turn to the experts here at Joseph, Herzfeld, Hester & Kirschenbaum. Our renowned and reputable lawyers have demonstrated success time and gain - and we can provide a free, no obligation consultation regarding your workplace issues. Call us or email us now.

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.

Sexual harassment is a serious problem at many American workplaces. Here are six solutions for how to deal with harassment or discrimination if and when it arises.

1. Understand what constitutes sexual harassment.

Any number of acts can be construed to be sexual harassment, including:

• Unwelcome sexual advances at work
• Implicit or explicit tying of terms of your employment to your response to sexual advances
• An employer or colleague cultivating a hostile or intimidating environment

Not only do you have the right to work in an environment in which you won't be sexually harassed, but you also have the right to claim damages if your employer retaliates against you in any way for complaining about harassment.

2. Speak up.

One great way to protect yourself - legally and emotionally - from harassment is to express your feelings to colleagues and supervisors. If a co-worker harasses you (for instance, by sending you sexually explicit e-mails or telling raunchy jokes), tell your supervisor. If a boss harasses you, contact someone in the HR department. If your HR board doesn't help (or doesn't exist), contact your city's labor board.

3. Write things down.

After a disturbing incident, the last thing most of us want to do is dwell on what happened. Write down your account right after an incident occurs. After all, memory can distort over time, and the longer you wait to write down details, the less weight your story may ultimately have. To that end, time and date stamp your journal. And don't leave the journal at work where whoever is harassing you may be able to find and destroy it.

4. Get corroborating evidence, if possible.

If a co-worker saw you being harassed, ask him or her to write down his/her account. If your harasser sent you a weird e-mail or left a disturbing voice message, archive that evidence. The more physical manifestations of the inappropriate behavior you can produce, the stronger your potential case.

5. Let go of self blame.

Often, victims of harassment or discrimination blame themselves. A harasser may make fun of your clothes, your looks, or your character and hit close to home. As a result, you may come to believe that the harasser is partially justified. Remember: hostile, offensive, or intimidating remarks or actions are not legal and are not your fault.

6. Get help from sexual harassment and discrimination specialists.

Don't fight this battle on your own. Resources abound for victims of harassment and discrimination. The National Women's Law Center (202-588-5180), the U.S Department of Labor Women's Bureau (1-800-827-5335), the National Association of Working Women (1-800-522-0925), and the Equal Employment Opportunity Commission (1-800-669-4000) all provide ample resources.

If you need legal assistance, consider the firm of Joseph, Herzfeld, Hester & Kirschenbaum. Our attorneys focus on sexual harassment, discrimination, and retaliation law, and we have won numerous landmark decisions. Find out more about our firm at www.jhllp.com, or dial (866) 348-7394 to schedule a free confidential consultation.

New York City's Mayor Michael Bloomberg answered another round of questions on Monday pertaining to a 2007 class action suit against his former company, Bloomberg LP, for gender discrimination. The class action involves more than 80 women who claim that they were discriminated against for being pregnant. Although Mayor Bloomberg has no active involvement in the day-to-day management of the company, he maintains an 85% ownership stake.

Due to the power of his public office, the Mayor has been closely scrutinized by the press and by women's groups about this gender discrimination matter. The Equal Employment Opportunity Commission (EEOC) deposed him for about the three and a half hours on Monday -- a full hour less than he had been deposed previously. Case observers believe this will be the last time the Mayor will make on-record statements about the discrimination matter. A spokesman for the EEOC appeared disappointed and described Mr. Bloomberg's testimony as "dismissive and disinterested."

If you or a family member has experienced gender discrimination or harassment at your place of employment -- be it in New York City or elsewhere across the country -- you can turn to the highly regarded law firm of Joesph, Herzfeld, Hester & Kirschenbaum. Please find out more about our reputation for client service and results at www.jhllp.com, or call one of our representatives at 1-866-348-7394 ASAP to book a free and confidential consultation.

Two female Houston firefighters, Paula Keys and Jane Draycott, came forward on Thursday July, 9th with allegations of sexual and racial harassment at their workplace. Their claims have prompted a formal Federal Justice Department investigation and have the potential to bring down Houston's fire chief.

The firefighters alleged that their peers (the majority of whom are white and male) have harassed them for years. According to the claimants' attorney, perpetrators in the department turned off the water in the women's showers and set off firecrackers in their bathroom. This already egregious and illegal harassment was child's play compared with the latest, horrific incident, in which as-yet-unidentified perpetrators defaced and vandalized the women's lockers. Someone scrawled the word "die" on firefighter Jane Draycott's face and scrawled the word "dead" on a picture of her deceased teenage daughter. That this kind of sociopathic behavior could flourish could spell serious political problems for key leadership figures in the fire department.

In fact, the head of the Houston Black Firefighters Association excoriated the HFD for failing to provide "strong leadership" amidst the crisis. On the other hand, the head of the Houston Professional Firefighters Association has come out tentatively in support of the chief. Some in the regional media have noted parallels between this gender and race harassment case and the case of firefighter Frank Ricci of New Haven. In the Ricci case - which has recently become famous thanks to its association with President Obama's Supreme Court justice nominee, Sonia Sotomayor -- the plaintiffs alleged so-called "reverse" discrimination. In the Houston firefighters' case, the matter involves more "traditional" discrimination against minorities and women. However this matter turns out, it will no doubt yield significant implications for racial and gender politics in the Houston region.

If you've been subjected to harassment, threats, or retaliation at the workplace, the law provides you with significant recourse. Explore your avenues to seek justice and compensation today by getting in touch with the attorneys here at Joseph, Herzfeld, Hester & Kirschenbaum LLP.

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.