The Equal Employment Opportunity Commission (EEOC) recently voiced concerns about the prevalence of employment-related pregnancy discrimination in testimony submitted during a federal hearing. The EEOC highlighted the fact that this issue is widespread despite the presence of more than 30 years of federal employment law designed to protect pregnant women from disparate treatment at work.
]]> Since 2001, the EEOC has resolved well over 50,000 pregnancy discrimination cases, which resulted in more than $150 million in damages. These cases involved issues as varied as wrongful termination, denial of space to pump breast milk, forced leave without proper compensation and denial of promotional opportunities.Testimony revealed that while pregnancy discrimination affects women at every level of employment, it is most prevalent among workers in low-paying jobs. In addition, sexual stereotyping is a contributing factor across the board.
Witnesses theorized that gray areas in the law are inspiring confusion, which is in turn contributing to problematic employer behavior. As a result, some stated that publicizing increasingly clear guidelines may help alleviate the problem. A social media campaign was suggested as a way to potentially spread the word.
Pregnancy discrimination is unacceptable and should not be as widespread as it is in this day and age. However, increased efforts on the part of federal regulators to inform workers about their rights and employers about their duty to avoid discrimination may be a step in the right direction.
Source: Reuters, "Working pregnant women face rampant discrimination: agency," Ian Simpson, Feb. 15, 2012
]]>In a recent complaint, the Equal Employment Opportunity Commission (EEOC) alleged that a Texas employer was guilty of pregnancy discrimination because it fired a female worker who asked permission to operate her breast pump in the privacy of a back room in the office.
]]> When the worker went on maternity leave, she was promised that her position would be saved for her and she consistently indicated her desire to return to work at the end of her leave. However, when she called to schedule her return, she was abruptly told that her position had been filled immediately following her request to breast pump in a back room of the office.Shockingly, the judge who heard the case ruled that the employer was not guilty of discrimination because "firing someone because of lactation or breast-pumping is not sex discrimination."
Title VII of the Civil Rights Act of 1964 has long protected women from discrimination due to "pregnancy, childbirth, or a medical condition related to pregnancy or childbirth." Understandably, legal experts are confounded by the judge's ruling, as lactation and breastfeeding are quite obviously conditions related to pregnancy and childbirth.
The EEOC has yet to decide whether or not it will appeal the ruling. However, federal protections explicitly granted to female employees desiring to breast pump at work should hopefully keep similar cases from arising in Florida and elsewhere.
Source: ABC News, "Judge Backs Firing of Houston Breastpumping Worker," Susanna Kim, Feb. 8, 2012
]]>But few people outside the industry realize that being a model is not nearly as glamorous as the finished product that we see in magazines. In fact, modeling is very often a cut-throat business where young women and men (including minors) are subjected to sexual harassment, wage law violations, unreasonable employer demands and a host of other employment-law-related issues.
]]> Recently, a 29-year-old industry veteran named Sara Ziff decided she wanted to change things for the better. She started working as a model around age 14, and she is well aware of the abuses and pressures young models face.That's why she is founding "The Model Alliance." It is not a model union, but rather a formalized call to action for improving the working conditions and treatment of models, especially those who are still minors.
Ziff and others are calling for or have instituted several specific changes, including an anonymous reporting system during New York Fashion Week where models can blow the whistle on inappropriate conduct from designers, photographers, etc.
A Models' Bill of Rights is also being drafted. Some provisions include:
The general public thinks of modeling as glitzy and glamorous, but there is a dark side to this industry. Sara Ziff emphasizes this message, saying, "Modeling is precarious freelance labor. We have very little job security. It's also a winner-takes-all market . . . Basically, it's a labor force of children who are working in a very grown-up business."
Therefore, we need to implement workplace standards that protect the rights of these young women and men.
Source: San Francisco Chronicle, "Fashion models organize to fend off abuses," Leanne Italie, Feb. 8, 2012
]]>Workers in South Florida who have had to take significant time off of work because of a personal or family-member illness, childbirth, adoption or other family issue are likely familiar with the protections offered by the FMLA. It functions to protect our hard-earned employment positions, even as we take time to fulfill important caregiver obligations.
]]> But because of the way that the FMLA is written, employees in some fields have had a difficult time taking advantage of it. Thankfully, the Obama Administration recently announced that two groups will now be better served by the FMLA: Military veterans' families and airline pilots/crews.In the past, it has been difficult for those in the airline industry to qualify for FMLA leave because of their unique schedules and the ways in which their hours are tallied.
A representative from the Association of Flight Attendants-CWA union believes the new rule will change things for the better. She says that, "It was an uphill battle for many years. This provides peace of mind and real protection for hundreds of thousands of families."
The new changes will also provide more generous opportunities for leave to military veterans and their families. Certain relatives of veterans will be allowed caregiver leave extending for five years after completion of military service, regardless of which branch a vet served in.
Many feel this will provide a more reasonable and humane solution for vets and their families, especially in light of the health concerns of returning soldiers. Conditions such as traumatic brain injury or post-traumatic stress disorder may present symptoms which can be both unpredictable and delayed.
The FMLA has been helping the majority of Americans balance work and family/personal obligations for almost 20 years. Thankfully, proposed changes to the FMLA will make sure that more Americans are able to take advantage of the protections it offers.
Source: The Huffington Post, "Barack Obama Seeks More Generous Medical Leave For Military Families, Airline Workers," Dave Jamieson, Jan. 30, 2012
]]>But there is still more to be concerned about. While it may be hard to believe, it seems that reports of discrimination in the workplace are multiplying. According to data recently released by the Equal Employment Opportunity Commission (EEOC), the number of employment discrimination charges filed in 2011 reached record numbers. Topping the list were complaints related to retaliation.
]]> In all, the EEOC received just shy of 100,000 work-related discrimination complaints last year. Of these, retaliation charges accounted for 37.4 percent, or approximately 37,334 complaints.Also high on the EEOC's list of complaints were several other types of discrimination. In order, the top five most frequent complaints of 2011 include:
Since these numbers add up to more than 100 percent, it seems likely that there was some overlap among charges. For instance, an employee who was fired for being perceived as too old could conceivably file both a retaliation complaint and an age discrimination complaint.
Human resources managers may be able to help businesses bring down the number of these complaints by teaching employers to be more responsive and sensitive to the needs of workers.
One employment attorney recently noted that, "It's important for employers to be reviewing each illness and injury situation with an eye toward violation of family and medical leave laws, the Americans with Disabilities Act, and comparable state Fair Employment and Housing Act and workers' compensation leave laws."
It is unfortunate that discrimination is so common in the workplace. Thankfully, however, this record number of complaints also suggests that an increasing number of employees are willing to stand up for their rights at work.
Source: Sacramento Business Journal, "EEOC gets record number of complaints; many were retaliation," Kathy Robertson, Feb. 1, 2012
]]>With this in mind, it is especially important for victims of workplace discrimination or other illegal employment actions to pursue justice. If you have been a victim of wrongful termination or some other injustice, it may not be an option to simply look for another job.
]]> Although it was not filed in Florida, a recent lawsuit highlights the importance of standing up for employee rights. The Equal Employment Opportunity Commission (EEOC) recently filed a lawsuit against a utility company in Fayetteville, Arkansas, for allegedly violating the Civil Rights Act of 1964.According to the lawsuit, the incident involved a woman who formerly worked as a call center customer service representative. She is a Jehovah's Witness, and the EEOC says that she was fired when she asked her employer for a day off so she could attend a religious convention.
Commenting on the lawsuit, an EEOC district representative said: "This employee's request was so modest and minor it is astounding the company not only refused it, but also fired her. Employees should never be forced to choose between their religion and their job."
Sadly, this is hardly a unique case. Data from the EEOC reveals that religion discrimination charges increased 9.5 percent last year compared to 2010. Hopefully, the sharp increase in EEOC complaints is a sign that more employees are beginning to stand up for their rights, especially when facing a squeezed job market.
Source: BusinessInsurance.com, "EEOC sues utility company in firing of Jehovah's Witness," Judy Greenwald, Jan. 30, 2012
]]>About 53 percent of residents who were unemployed last year were jobless for more than six months. In light of this staggering statistic, it is especially important for those of us who are employed to hold onto the jobs we have. This includes fighting for your rights if you have been a victim of wrongful termination, discrimination, sexual harassment or some other illegal activity that has made it impossible to remain at your current job through no fault of your own.
]]> While these kinds of workplace incidents are almost always illegal and wrong, it is even more important to pursue legal justice in this economic climate. When the economy was strong, some victims chose to simply find another job rather than pursue legal action.However, with some 913,000 Floridians currently out of work, this is hardly a practical option. In fact, some employment professionals in Florida estimate that there are four times as many job seekers as there are job openings.
From a moral standpoint, victims of employment discrimination or injustice should always pursue legal action in order to hold their employers accountable. However, it is understandable that some victims are unable or unwilling to take on such a legal battle, especially when they have other employment options.
But with Florida's employment picture looking so bleak, we may be seeing more Florida workers standing up for their rights and fighting for the jobs that they deserve to keep.
Source: CNN Money, "Worst place to lose your job: Florida," Tami Luhby, Jan. 31, 2012
]]>The attorney who argued the class action before the Court last summer has recently asserted that serious gender discrimination issues are still prevalent inside Walmart's employee ranks. Though the retailer seems to be treating some gender-related issues with increased care, promotional opportunities and pay equity are still disparate between the sexes.
]]> New suits alleging gender discrimination are being filed by women in various geographic regions, including Texas and California. The plaintiffs in these suits hope that their geographic similarities will aid in allowing their claims to be certified as class actions.This point is critical, as the Supreme Court's denial of the original case was rooted in the argument that the 1.5 million original plaintiffs did not share enough common experience to be considered a class, for the purposes of the case.
The regional suits are primarily focused on issues relating to sexism in general, pay and promotional opportunities. Some of the highlighted stories in the Texas suit focus on women with significant experience being passed over for promotion multiple times in favor of younger male employees with little experience.
In addition, the suit alleges that complaints about pay equity have been met with responses like, "That's just the way it is. Men always get paid more." Also, women have been allegedly told that men are paid more because they have "families to support."
Only time will tell if these regional suits will be allowed to move forward. One way or another, employees who wish to air grievances regarding discrimination deserve (at minimum) to be heard by the justice system.
Source: Huffington Post, "Walmart faces long battle on sex discrimination, despite Supreme Court ruling," Lila Shapiro, Jan. 24, 2012
]]>It is thought that diversity in employee population bring diversity of thought, expansion of knowledge and greater depth in the workplace experience. However, diversity in the workforce also seems to be contributing to a record high in the number of workplace discrimination claims being filed in the United States.
]]> During 2011, nearly 100,000 discrimination complaints were received by the Equal Employment Opportunity Commission (EEOC). Though the EEOC has been operating for almost 50 years, it has never received more discrimination complaints in a single year.A former counsel for the EEOC attributes the increase in part to the increased diversity of the American workforce. In response to the data, he noted that, "We're seeing a greater diversity among minority groups in America. We're seeing more workers from India, Pakistan and other countries that bring additional religious complexity to the work force."
This diversity brings many benefits to companies as a whole and to employees on an individual level. However, change on any significant level tends to be followed by an adjustment period. Unfortunately, the adjustment period for unprecedented diversity is inspiring discrimination amongst those slow to accept or understand these changes.
As in recent years, sex, race and retaliation-based discrimination claims were filed in the largest numbers. However, marked increases in complaints filed due to discrimination related to national origin and religion were the unique contributions to the 2011 data. Age and disability-based claims also rose last year.
In Florida and throughout the nation, diversity is becoming the rule rather than the exception. Until the benefits of this reality are understood and respected, discrimination claims may unfortunately continue to climb. However, we can at least celebrate the fact that record numbers of employees are speaking out in defense of their rights.
Source: USA Today, "Job bias complaints in U.S. at record level," Jan. 23, 2012
]]>The accusations against the congressman first came to light last year when the employee worked as a policy advisor on the same commission as the congressman. According to the employee, the first advances came in 2007 during her first meeting, and he allegedly gave unwanted hugs and made sexually suggestive remarks. Further encounters were also documented by the employee, with the most recent incident happening in 2010.
]]> The congressman has denied all allegations and in a statement said, "The acts alleged are contrary to my character and to the main objective of my career in Congress, advancing the civil rights of all people." The congressman is the ranking Democrat on the agency commission, responsible for monitoring compliance with the 1975 Helsinki Accords.An investigation is underway by the House Ethics Committee. The committee is gathering additional information to complete its review of the allegations.
Sexual harassment in the workplace is a serious legal matter. And like the employee in this case, she documented in detail when the harassment occurred. If you find yourself in a similar situation, it's in your best interest to seek a qualified attorney familiar with employment law. An attorney could navigate the complexities involved with a sexual harassment case and could advise you on the best way to protect your rights.
Our legal system is set up to give defendants the opportunity to present their side of the story, and this is also true for the congressman. While the House Ethics Committee is reviewing the allegations, this does not indicate that the harassment occurred. However, the committee has an obligation to investigate all complaints that are brought to their attention.
Source: Reuters, "Report details harassment claim against Congressman Hastings," Alex Dobuzinskis, Jan. 11, 2012
]]>Because this is relatively new territory for employment law, it is not always easy to sort out what disciplinary actions are legal and which constitute wrongful termination. Therefore, the safest way for employees to avoid this mess entirely is to be smart about their use of social media.
]]> Author and blogger Jessica Miller-Merrell recently offered four tips employees should use to avoid getting fired because of Facebook activity. A good starting point would be to read your company's social media policy (if it has one).It is important to see which types of use are ok and which are prohibited. If you have questions or concerns, you may be able to schedule a meeting with human resources or management.
Miller-Merrell also says that it is important to be reserved and discrete when mixing social media into your work life. The best practice is to avoid friending co-workers and supervisors. However, if you do, you should make sure you have appropriate privacy settings in place to avoid sharing anything too personal or controversial with them.
Even if you take precautions, though, it is important to understand that your information may not stay as private as you'd like once it is on Facebook. Even information such as your age or religious views could be read by employers and (wrongfully) used to make hiring and advancement decisions.
When it comes to employment law, social media is still dicey legal territory. Therefore, it is important to make smart decisions about how (of if) you will mix work and Facebook.
Source: SmartBlogs.com, "4 tips for avoiding getting fired for Facebook," Jessica Miller-Merrell, Jan. 13, 2012
]]>Now, an increasing number of companies in Florida and across the U.S. may be banning smokers themselves. And since smokers are not considered a federally protected class, they may not be covered under anti-employment-discrimination laws such as those which prohibit race or gender discrimination.
]]> Fewer companies are choosing to hire smokers, and urine tests which screen for nicotine use are becoming more commonplace as a prerequisite for employment. One supporter of smoker hiring bans insists that this policy makes sense from a business perspective. She notes that tobacco users have annual health care costs that are $3,000 to $4,000 higher than non-users. And because smokers tend to take more breaks, she adds, "There's also an impact on productivity."But there are certainly those who oppose such bans, including people who don't smoke. A Boston University professor affiliated with its School of Public Heath has recently insisted that, "These policies represent employment discrimination. It's a very dangerous precedent."
Over the half the states in the country seem to agree with that sentiment. Smoker-protection laws have been passed in the District of Columbia and 29 states. Florida is not among them.
Smoking has become more controversial in recent decades. And as more Americans kick the habit, those who choose to keep smoking will likely feel increasingly marginalized and vilified.
But as long as smoking itself remains legal, can we really justify using it as a basis for employment discrimination? It may be an unhealthy lifestyle, but the same could be said for things like obesity and caffeine addiction. Will smoker discrimination open the door for other types of workplace discrimination?
Source: USA Today, "Workplaces ban not only smoking, but smokers themselves," Wendy Koch, Jan. 6, 2012
]]>Many agreements also stipulate that employees must pursue claims individually and not as a group. For employees in Florida and elsewhere, these employment agreements often make it difficult or impossible to pursue claims related to everything from sexual harassment to wage and hour violations as a group, even if the problem exists company-wide.
]]> Thanks to a recent ruling by the National Labor Relations Board (NLRB), such employment agreements have essentially been banned. The NLRB ruled that arbitration agreements barring group claims conflict with the National Labor Relations Act of 1935, which protects the rights of workers to engage in concerted action.The ruling will apply to a broad range of non-management workers in the private sector, and does not differentiate between union and non-union employees. A professor, who is an expert on mandatory arbitration agreements, recently noted that more than 25 percent of non-union employees have signed one.
He added that, "This is a big deal. Mandatory arbitration agreements are so widespread, and this would suggest that many of them violate labor law by barring class actions."
Many expect the ruling to be appealed. If so, it will be brought before a federal court of appeals. Hopefully, this important ruling will withstand scrutiny and be properly recognized as a fair and just protection of employee rights.
Source: PostBulletin.com, "NLRB backs workers on joint arbitration cases," Steven Greenhouse, Jan. 9, 2012
]]>Broward County residents who are fans of Lady Gaga may be surprised to hear that one of her former personal assistants is suing the pop star for violations of the Fair Labor Standards Act. The woman says that despite her grueling schedule that regularly had her working more than 40 hours per week, she did not receive overtime pay.
]]> In the lawsuit, which was filed in New York last month, the former personal assistant seeks more than $379,000 in owed overtime pay. She reportedly worked for Lady Gaga in the early part of 2009, then again from Feb. 2010 through March 2011. Her salary was $75,000 per year.Just how much overtime did she work? She says she was kept busy around the clock, "from the earliest working hour, for being responsive to the slightest need throughout the day, and for addressing spontaneous random matters in the middle of the night."
The lawsuit states: "Plaintiff was always behind the scenes and figuratively, if not literally, always at [Lady Gaga's] side."
The role of the personal assistant is an incredibly important one. It is often their hard work and careful attention to detail that allows corporate CEOs and celebrities to fulfill their many obligations. Unfortunately, as this lawsuit seems to demonstrate, personal assistants are frequently taken for granted.
Source: Business Insurance, "OFF BEAT: Lady Gaga's former personal assistant sues pop star for overtime pay," Jan. 5, 2012
]]>In Florida, it is illegal to fire or threaten to fire an employee because of jury duty obligations. But in a recent wrongful termination lawsuit, a 49-year-old South Florida woman alleges that her employers did just that.
]]> The woman was hired in mid November and was terminated less than a month later. After returning home from the office holiday party on Dec. 13, she called the jury hotline and discovered that she was required to report for duty the next day.She says she texted her office manager right away and also followed up with emails and texts the next morning to other company officials at the real estate company where she worked.
She received a voicemail while in the jury room. When she listened to the message during a break, she found out she had been fired.
The woman has since sued her former employer for the firing, but company officials claim that her firing was not related to jury duty. Instead, officials said, the woman was in a probationary period and was fired because of performance issues.
But the plaintiff's attorney doesn't buy this argument. He says: "What this employer did was unspeakable - and hiding behind a probationary period is a pretext. There was no indication she'd be fired. She even went to the holiday party the night before."
Jury duty may be an inconvenience to our daily lives, but it is an important civic duty as well as integral to our legal system. But in lawsuits like this, there may be one silver lining: If the woman can present a strong case, she may find most jurors to be quite sympathetic.
Source: WPTV.com, "Fired for jury duty? Jane Trejo-Beverly, Naples woman, sues employer Island Title 5 Star Agency," Aisling Swift, Jan. 5, 2011
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