Entries in the 'Discrimination & Sexual Harassment Settlements' Category ↓

If you are being harassed or discriminated against at your place of employment or in an organization, your civil rights are being violated. Age, pregnancy, place of origin, sexual orientation, gender, race, and religion are reasons people are harassed or discriminated against. Employment and labor attorneys cover such issues as well as federal regulations as governed by the US Department of Labor. It takes a lot of courage to speak up if you are a victim of harassment or discrimination, or if your employer is not following federal and state guidelines.

National Origin Discrimination
The Chief Marketing Officer of a Korean manufacturer of telephone equipment, who had been with the Company for many years and received numerous outstanding performance reviews and awards, was passed over for the position of Chief Operating Officer of one of the Company’s major divisions. While he was employed, he asserted, through counsel, a discrimination lawsuit in NJ, citing national origin discrimination. The Company investigated and although denying liability, gave him a severance package approximating two (2) years compensation, including salary, bonus, incentive compensation, health insurance benefits and a good recommendation. Good faith negotiations were promoted by a comprehensive demand letter sent to the heads of the U.S. and Korean companies. The negotiations were conducted and completed without thirty (30) days.

Shareholder Dispute
NJ employment attorneys of Deutsch Atkins, P.C. successfully defended a business owner in an action by a former investor seeking a fifty percent ownership interest in a limited liability company that they were found to have abandoned when they did not perform their contractual obligation under the investment agreement. On appeal, Deutsch Atkins, P.C. successfully argued that despite a finding that plaintiffs had abandoned the limited liability company and the investment agreement, that defendants were entitled to counsel fees pursuant to a prevailing party clause contained in the investment agreement. A copy of the Appellate Division’s decision in this New Jersey employment lawsuit is available at http://lawlibrary.rutgers.edu/courts/appellate/a4526-05.opn.html.

The EEOC has filed suit against Walmart stating they seeked young males for their order filling positions. Walmart Stores will pay $11.7 million in back wages and compensatory damages, its share of employer taxes, and up to $250,000 in administration fees and will furnish other relief, including jobs, to settle a sex discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

Walmart has agreed to change their policies but at the same time the EEOC should be questioned as to why this occured now. Walmart’s stability in tough economic times is something that is not appreciated by the EEOC. Walmart has given American families resistance to this recession.  The federal government is allowed to audit your business and when this happens prepare to hire an employment attorney.  For example Los Angeles employment laws are very complex and hence lead to confusion so make sure an attorney is there to guide you.

A settlement administrator will distribute the proceeds to eligible class members. Walmart has agreed to pay the first $250,000 of the administration costs.

Hawaii Inmates Removed due to Sexual Assault Allegations

Honolulu criminal defense attorney Myles S. Breiner is representing a Hawaiian woman who was incarcerated at Otter Creek Correctional facility in  Kentucky and has filed a suit against the corporation running the prison. Mr. Breiner’s client is one of 19 women in the facility who came forward with allegations that she had been sexually abused by prison guards.

Hawaii prison officials disclosed that all 168 female inmates at the privately operated Kentucky prison will be relocated due to charges of sexual abuse by the prison guards. Forty of those inmates returned to Hawaii.

Investigators in Hawaii discovered that at least five corrections officials of the prison, including a chaplain, were charged with having sexual relations with the inmates within the last three years, and four have been convicted.

Three cases of rape involving guards and Hawaii inmates were recently turned over to the authorities. Kentucky State Police voiced that another case of sexual assault would lead right to a grand jury.

Tommy Johnson, deputy director of the Hawaii Department of Public Safety said he found that 81 percent of the Otter Creek workers were men and 19 percent were women, the reverse of what he said the ratio should be for a women’s prison. Mr. Johnson asked the company to hire more women, and it began a bonus program to do so.

For Honolulu criminal attorney Myles S. Breiner, “it is important for the clients to have their day in court and it is important to the state of Hawaii that they are responsible for all their citizens.”

Myles S. Breiner – Honolulu Hawaii Criminal Attorney
841 Bishop Street, Suite 2115
Honolulu, Hawaii 96813
Phone: 1-808-526-3426
Fax: 808-521-7680

New Jersey Employment Discrimination Lawsuit Case Results  – Employment Lawyers in NJ – Deutsch Atkins

Age Discrimination Lawsuit in New Jersey
Two female anesthesiologists, both of whom had long-term relationships with a local hospital, did not have their contracts renewed, despite the fact that their performances were exemplary. They were independent contractors, not employees. Each were well over 60. They claimed that the reasons for the non-renewal of their contracts related to gender and age. They were successful because of a little known provision of the New Jersey Law Against Discrimination, which makes it unlawful to refuse to contract because of age, race, national origin, disability or gender. The two anesthesiologists received a very substantial settlement for this NJ employment lawsuit after an Appellate Court reversed a grant of Summary Judgment in favor of the hospital.

Disability Discrimination Lawsuit in NJ
A 60-year-old manager of a division of an importer suffered a stroke. While he recovered and was in a position to return to work, his employer of 10 years fired him, allegedly for poor performance. After filing a discrimination lawsuit in NJ, the jury concluded that his stroke was a determinative factor in the employer’s decision to terminate his employment because he was not fired before the stroke, but, only after the stroke. This New Jersey discrimination lawsuit proves the old adage that timing is everything, and can establish that an employer’s seemingly legitimate firing is pretextual. Had the employer offered the employee a reasonable severance package, reflecting his ten (10) years of service in return for a release of his claims as it should have when he was terminated, this case would have been settled without the need for a costly litigation resulting in a several hundred-dollar verdict against the employer.

Employment Lawyers in New Jersey - NJ Employment Discrimination Attorneys of Deutsch Atkins

Workplace discrimination can affect many people, since discrimination can be targeted at a person because of their race, religion, color, sex, or national origin.  Both the employee and employer should be knowledgeable on distinguishing discrimination.

Who gets discriminated against?

Anyone can be a victim of discrimination; however, there are certain forms of discrimination that are more common than others, including:

• Age Discrimination
• Discrimination against pregnant women
• Racial or Ethnic Discrimination which also includes discrimination because of religion
• Discrimination against people with disabilities
• Discrimination based on sex

Federal Law in the Workplace

You may have noticed among the flyers on the bulletin board where you work there are references to the federal laws regarding discrimination.  Although many of us just pass by them to look at the latest news from HR or the company picnic, these laws are very important to protect those that may be discriminated against.  Here are the major ones that everyone should be aware about including:

• Title VII of the Civil Rights Act of 1964 -prohibits employment discrimination based on race, color, religion, sex, or national origin
• Equal Pay act of 1963 protects women from sex-based wage discrimination
• Age Discrimination in Employment Act of 1967 (ADEA), protects individuals who are 40 years of age or older
• Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), helps qualified individuals with disabilities from discrimination
• Sections 501 and 505 of the Rehabilitation Act of 1973,  also helps those with disabilities from discrimination but who work specifically in the federal government
• Civil Rights Act of 1991 provides monetary damages where intentional employment discrimination occurs.

What do you do when you have been discriminated against?

The best thing you can do is to write down the details of what happened as soon as possible and contact a lawyer for a consultation.  There is a statute of limitations for cases involving Atlanta workplace discrimination, and it is best to not delay before talking to an experienced workplace discrimination attorney in Atlanta.

This article was provided by the Atlanta discrimination law firm, The Reddy Law Firm, P.C.:

The Gates at Sugarloaf
1325 Satellite Boulevard
Suite 1506
Suwanee, Georgia 30024

New York City Employment Attorney, Derek T. Smith was interviewed for this article regarding New York City employment law.

Courtesy of the NY Daily News:

A luscious Latina who sued the Hawaiian Tropic Zone will leave it to a jury to decide whether she’s “too ghetto” to sling drinks in a bikini at the infamous eatery.

Manhattan Supreme Court Justice Edward Lehner on Tuesday greenlighted the discrimination lawsuit by Melody Morales, who charged that she was denied her dream job because she didn’t “speak white.”

“I don’t think accent should play any role in service at a restaurant where the waitresses serve drinks and meals in bikinis,” said Derek Smith, a lawyer for the top-heavy former Hooters girl.

Morales, 22, sued the Times Square restaurant in January after the stunner with a 34-D cup size says she was twice rejected for a job by managers who didn’t much care for her “Latin accent.”

“They’re going to see that she speaks very well,” Smith said. “And I intend to depose all of the waitresses who work there because I am interested to see how well they speak.”

Lawyers for the recently reopened Hawaiian Tropic Zone had tried to have Morales’ suit tossed – and they strongly hinted that she was a hooker after her photos appeared on what they called “very filthy” Web sites.

Smith insisted that Morales is no call girl – merely a busty beauty who who fantasized about working in a skimpy swimsuit. Morales has boasted that she would have done a “perfect job” because of her ample assets that look good in a bikini.

Read more

Akin & Smith, LLC
305 Broadway, Suite 1101,
New York City (NYC) , New York 10007

Workplace Discrimination and Harassment

Federal law makes it illegal to discriminate in the workplace based on race, age, religion, genetics, gender, disability, military service, among other reasons.   If you have been discriminated or harassed in NY, you should contact a workplace discrimination law firm.

Federal law also protects people from sexual harassment in the workplace, and makes certain types of affirmative action procedures mandatory.  Individual states have enacted civil rights and employment laws that expand federal law and cover areas not specified, such as sexual preference.  An attorney practicing sexual harassment can advise you about the civil rights and employment laws you can expect your employer to follow.

Discrimination in the workplace can take place in hiring and firing decisions, promotion and promotion tools (such as discriminatory testing), pay, job duties and assignments, teasing, and improper language and expression (such as being exposed to pornography).  Violation of federal law can also occur when someone retaliates because a worker complained about abuse of their federal rights. 

Legal issues can also arise when someone has taken leave from employment under the Federal Family and Medical Leave Act or the Uniformed Services Employment and Reemployment Act.  These acts specify appropriate leave and reinstatement policies for employers and employees, and if not followed by the employer are actionable.

It is important that someone who believes their workplace rights are being abused take action by calling a discrimination attorney in NYC.  Time limits apply when seeking to redress violations of federal or state employment law.  For that reason, it is important to seek legal representation if you feel your rights in the workplace have been infringed upon. 

Recourse for Workplace Discrimination

There are a number of remedies available to an employee whose employer has violated the law.  These include back and front pay with interest, reinstatement of the employee, special training for employees and award of attorney’s fees and court costs.  In some cases compensatory, punitive, and liquidated damages can be awarded by the court. 

Compensatory damages are monies designed to put the employee back to the position she or he was in before the violation. Compensatory damages can include back pay, back raises, an award of earned time if someone was not hired for a discriminatory reason, and out of pocket expenses associated with the discrimination.  Punitive damages are monies awarded to punish an employer who acted in flagrant disregard of the law.  Liquidated damages double compensatory damages and are awarded in cases of flagrant disregard for the law and under some Titles only. 

This article was provided by the New York sexual harassment attorneys of the Watanabe Law Firm, www.watanabe-law.com, 212.486.7005.

Verdicts & Settelmtents

Harassment lawsuit in NYC

Kaptan v Danchig, 19 A.D.3d 456; 796 N.Y.S.2d 706, 2005;

Rosario v. Universal Truck & Trailer serv., 7 A.D.3d 306, 779 N.Y.S.2d 1, 2004 N.Y. App. Div.;

Sohan v. Long Island College Hosp., 282 A.D.2d 597, 723 N.Y.S.2d 384, 2001 N.Y. App. Div.;

S&T Bank v. Spectrum Cabinet Sales, 247 A.D.2d 373, 668 N.Y.S.2d 641, 1998 N.Y. App. Div.;

Speight v. City of New York, 309 A.D.2d 501, 765 N.Y.S.2d 28, 2003 N.Y. App. Div.;

Graham v. Neutrogena, New York Law Journal, January 4, 2000.

Akin & Smith, LLC -  new york city harassment lawsuit
305 Broadway, Suite 1101
New York , New York 10007
Phone: 1-877-4NYLAWS
AkinAndSmith.Com

Stacy Johnson-Klein, an ex-coach for the women’s basketball team at California State University at Fresno was awarded $9 million to settle a lawsuit that she brought against the university for sex discrimination. Johnson-Klein says that she was fired in 2005 due to her advocacy for greater opportunities for female athletes.

In December of 2007, a jury in Fresno County awarded Johnson-Klein a verdict with a record $19.1 settlement payout. The ruling was appealed by the University, and the judge later reduced payment to $6.6 million. Although Johnson-Klein accepted this new payout, the University once again appealed and sought a new trial. The finalized agreed settlement of $9 million appears to have ended the months of legal battles.

This is the third multi-million dollar lawsuit that CSU at Fresno has had to pay out to female athletics officials for sex discrimination.