race discrimination

Green v. Brennan – U.S. Supreme Court Slams Racial Discrimination at Work

June 9, 2016 | by Nassiri Law

The U.S. Supreme Court recently handed down an important decision that will almost certainly aid victims of workplace discrimination in their efforts to attain restitution.

In Green v. Brennan, what was alleged was a case of severe and long-running racial discrimination against a black mail carrier for the U.S. Postal Service.

Plaintiff was a 35-year- veteran of the Postal Service when the trouble first started. A job for postmaster opened in Colorado. Plaintiff applied, but his bosses passed him over – for someone far less qualified. It was later revealed the person who landed the job hadn’t even turned in an application.

California Equal Pay by Gender – Is Race Next?

May 7, 2016 | by Nassiri Law

Assurance of equal pay is an important issue in California and across the country.

Before last year, California had one of the toughest equal pay laws on the books. It got even tougher in December when lawmakers passed the California Equal Pay Act, which formally went into effect Jan. 1, 2016. The law requires women and men who do substantially similar work to be paid equally – no matter how their jobs are officially described. The goal was to avoid situations in which companies would hide behind job titles to pay women less for doing the same work as men. For example: Housekeepers at a hotel shouldn’t be paid less than the janitors at the same facility who clean bathrooms and common areas – much the same work in both cases.

But now, there is a proposed amendment to that law which would include a provision to ensure those of different races or ethnicity are not given the short stick when it comes to equal pay.

Roscoe’s Chicken N’ Waffles Sued for Employment Discrimination – Jury Awards $1.6M

September 20, 2015 | by Nassiri Law

Roscoe’s Chicken N’ Waffles is a more than just a restaurant. It has become an institution in the City of Los Angeles and is frequented by celebrities ranging from Larry King to Snoop Dogg, as well as droves of tourists who come to the establishment after reading about it in travel guidebooks.

However, to one former employee, it was a place of discrimination, according to a recent news article from CBS Los Angeles. The former employee is African American, and the famous soul food restaurant is an African American owned business, but plaintiff claimed the owners discriminated against him based upon his race. He claimed the owner give full authority to the Hispanic employees and allowed them to run the place, discriminating against the black workers. Continue Reading ›

Disney Accused of Racial Discrimination of Security Guards

August 6, 2015 | by Nassiri Law

In recent years, Disney World in Florida has been the subject of half a dozen similar lawsuits of discrimination on the basis of race, religion and national origin involving some of its 1,000 security workers.

So far, none of the cases has succeeded. A jury ruled against one plaintiff whose case went to trial, and three others were dismissed voluntarily by the plaintiff for either personal or financial reasons. But those who study employment law as well as those who practice it – both in Florida and here in California (home to Disneyland in Anaheim) recognize that six lawsuits over the course of three years – all by security guards and all for the same general reasons – alerts to a red flag of potentially a more serious problem. Continue Reading ›

Truckers Win Racial Discrimination Lawsuit – One of Many in the Industry

February 25, 2015 | by Nassiri Law

Truckers have a tough job, working long hours, traveling long distances and navigating tough terrain with heavy machinery. The job can be made even more difficult when bosses engage in racial discrimination.

Yet time and again, we hear about trucking companies discriminating against their workers on the basis of race. They may assume that because truck drivers are isolated from others in the company, workers may not learn how pervasive the problem is. Employers may also assume that because drivers may have limited job mobility, they may be less likely to speak out.

What we are seeing in recent years, however, are a number of truck drivers who are succeeding in racial discrimination lawsuits. The most recent case involved seven truckers working for the same Denver, Colorado-based firm.

Betts v. McDonald’s Corp. – Can Chain be Liable for Franchisee Employment Actions?

February 13, 2015 | by Nassiri Law

In Betts .v McDonald’s Corp., a large restaurant chain was named as a defendant by 10 Hispanic and African American men who allege their termination by a franchisee of three Virginia-based restaurants amounts to racial discrimination.

It does seem the workers have a fair amount of proof necessary to win their case. Allegedly, supervisors of the franchise reportedly made statements flat-out saying the store was “too dark” and there were “too many black people” there on a day-to-day basis. In fact, the terminated workers were allegedly told directly they failed to fit the company’s desired profile.

These kinds of statements are going to be critical in determining whether racial discrimination was a factor in the workers’ firing. Most discrimination cases lack that kind of direct proof, so the case may be easier than others in that regard.

Court: Successor Liability for Racial Discrimination, Retaliation is Valid

February 11, 2015 | by Nassiri Law

A successor company can be held liable for the discrimination and retaliation of its predecessor, the U.S. Court of Appeals for the Seventh Circuit recently affirmed. The appellate court also found in Equal Emp’t Opportunity Comm’n v. N. Star Hospitality Inc. the successor firm can be compelled to initiate the equitable remedies, as established by the trial court, which include not only payment for judgment, but the adoption of investigative processes and training to prevent future employment law violations.

The finding ensures companies can’t evade liability and responsibility for such wrongdoing by simply dissolving and reforming under a different name or new management.

Court records indicate employee in question is a black male who worked as a cook for defendant. During his time there, he was promoted to assistant kitchen manager, and was by all accounts a good worker.

McDonald’s Faces Suit for “Rampant” Racial and Sexual Discrimination

January 26, 2015 | by Nassiri Law

McDonald’s is facing some of its most egregious accusations of racial and sexual discrimination and harassment, which could result in a significant settlement or verdict for 10 former employees. The federal civil rights lawsuit was filed against the company in January of 2015 in the U.S. District Court for the Western District of Virginia. According to the lawsuit, plaintiffs were subjected to “rampant racial and sexual harassment.” Alleged offenders were high-ranking supervisors and managers who have been accused of demeaning the workers, nine of whom are African American, and one who is Hispanic. Of all the plaintiffs, seven are women.

According to the court documents, supervisors were demeaning, claiming that there were “too many black people in the store.” African-American workers said their supervisors called them derogatory names like “ghetto” or “bitch,” and the Hispanic worker said that she was repeatedly called a “dirty Mexican.”

In addition to the hostile work environment created by the aggressive and ongoing name-calling, the employees were disciplined more heavily than while employees who violated the same rules. The employees were also inappropriately touched on their buttocks and legs. Supervisors also sent the female employees nude and other sexually explicit photographs and in several instances, tried to solicit sexual favors from their employees.

Fired Black Editor Sues People Magazine for Discrimination

December 19, 2014 | by Nassiri Law

Discriminatory practices in the workplace can impact the lowest paid minimum wage workers to high paid executives. There have been cases of discrimination in every industry, from manufacturing to law firms. Earlier this year, a black editor of People Magazine filed a lawsuit alleging discrimination. According to the complaint, the editor was the only black senior employee and alleged that her former boss left her out of magazines, dismissed stories centering around black victims and even disparaged her way of speaking, telling her that, “You’re not at Essence anymore.”

According to reports, the plaintiff has a degree in English and a Master’s in Journalism. In addition to her educational accomplishments, she also held an adjunct position at New York University. The complaint alleges that throughout her successful career, no other editors had a problem with her or her work. People Magazine and senior level editors systematically discriminated her for the way she spoke and communicated, and related it to her race. The lawsuit also alleges that the magazine had a discriminatory editorial policy. According to the complaint, the magazine is entirely run by white people and focuses exclusively on white celebrities and individuals.

The editor was fired last May during what the company called a “reduction in force,” though the plaintiff alleges that the termination was directly tied to her race. She is seeking financial damages against People Magazine as well as its parent company, Time Inc., as well as her supervisor and the former executive of the magazine. While many employment law and discrimination cases will settle out of court, the attorney for the plaintiff is hoping for a trial by jury to send a message to other media companies that they cannot discriminate against employees or when making decisions about which people to feature in their stories or articles.

Discrimination Has Health Impact on Older Chinese-Americans

December 9, 2014 | by Nassiri Law

Discrimination can take many forms—in employment and hiring, housing, or in day-to-day business interactions. While some forms, including employment discrimination, are illegal, other forms are commonplace and may not be chargeable under state or federal law. Not only does discrimination put individuals at a disadvantage, but new research shows that it also can create significant health problems for those who are targets. According to a Reuters report, one in five older Chinese Americans in Chicago has experienced discrimination. The stresses has compounded into negative health consequences, according to a new study.

One of the reasons that Chinese Americans suffer so deeply is that they have a cultural preference for tolerance. Rather than standing up for themselves and fighting back against discrimination, they may prefer compliance. According to researchers, failing to take action, or enduring ongoing discrimination can impact self-esteem, increase psychological distress, and lead to social isolation. In time, this can lead to health risks and lower health status. A professor at Rush University Medical Center and the director of the study points out that many older U.S. Chinese Americans still suffer from considerable discrimination and respond passively.

To come to these results, researchers analyzed data from 3,159 Chinese adults over the age of 60. The participants reported their experiences of discrimination—defined as times when they were prevented from doing something or meant to feel inferior because of race. The individuals interviewed described both the instances of discrimination, as well as their personal response to the incident. According to data, 21 percent of respondents experienced racial discrimination. Eight percent suffered discrimination in the workplace and the most common form, happened in public. Those with a higher socioeconomic status and in poorer health were more likely to have suffered from some form of discrimination.