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Two large technology companies are facing down age discrimination lawsuits, according to recent news reports. One has been filed by the Equal Employment Opportunity Commission (EEOC) and the other personally by a California man. businessmanwalking

The EEOC case has been filed in a federal court in San Francisco against tech giant Google, while the other is against Hewlett Packard in San Diego.

Age Discrimination in Employment Act of 1967 (ADEA) protects people who are over the age of 40 from employment discrimination on the basis of age. The law protects both applicants for jobs and current employees. It covers a host of actions, including:

  • Hiring
  • Firing
  • Promotions
  • Benefits
  • Layoffs
  • Compensation
  • Job Assignments
  • Training

Continue Reading ›

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Amid allegations of sexual harassment, Fox News is reportedly ousting 76-year-old CEO Roger Ailes.womanportrait

An internal investigation was launched after former Fox & Friends host Gretchen Carlson filed a sexual harassment lawsuit against Ailes. That expanded into a wide-ranging inquiry over Ailes’ often controversial management style. Other allegations of sexual harassment have been made as well.

Meanwhile, Ailes has moved to remove the lawsuit, Carlson v. Ailes, to arbitration.  Continue Reading ›

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For decades, fear spawned widespread discrimination against people with HIV/ AIDS that resulted in sufferers losing their homes, jobs, education opportunities and access to medical and social services. sad

A series of federal protections, beginning with the 1990 Americans With Disabilities Act (ADA) and the U.S. Supreme Court case of Bragdon v. Abbot, made discrimination on the basis of HIV/ AIDS unlawful. There is also HIPPA (Health Insurance Portability and Accountability Act of 1996) which protects patients’ privacy.  The U.S. Department of Human Services Office for Civil Rights now offers a clean breakdown of “Your Rights as a Person With HIV Infection or AIDS.”

And yet, it seems HIV/ AIDS discrimination continues to persist, even in 2016. Most recently, it’s been alleged in Arkansas, where the U.S. Equal Employment Opportunity Commission (EEOC) has launched legal action against the operators of a McDonald’s franchise in a city called Bentonville. There, they allege a worker was fired because of his HIV-positive status.  Continue Reading ›

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A Muslim police officer who is Pakistani-American has filed a federal religious discrimination lawsuit against the New York Police Department, alleging he was wrongly suspended during Ramadan for refusal to shave his one-inch beard. razor

The 32-year-old officer says the no-beard policy, the subject of his class action employment lawsuit, is an infringement on the rights of some 100 Muslim police officers employed by the NYPD who are simply trying to exercise their freedom of religion without fear of retaliation or discrimination.

Plaintiff is a 10-year veteran on the force, and his primary duties involve handling disciplinary proceedings against fellow officers. He was reportedly suspended without pay. However, in an emergency hearing before a federal district court judge, the department was ordered to continue paying him for at least another three weeks until his next court date, at which time it will be decided whether he will be allowed to come back to work.  Continue Reading ›

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A former employee of Valve, one of the country’s largest video game developers, alleges her work environment became hostile and she was ultimately fired after she underwent a gender reassignment surgery. womanworking

She alleges she was mocked by supervisors and forced to become an independent contractor when she asked for the accommodation to move to Los Angeles during her surgery and recovery. Then, days after she raised concerns about the company’s alleged use of underage workers being employed full-time as translators, she was fired.

In its response to plaintiff’s lawsuit, A.M. v. Valve Corp., company administrators say they had no choice but to terminate plaintiff because her position was being relocated back to the company’s headquarters in Washington state. However, plaintiff insists she offered to return to Washington, but the company refused.  Continue Reading ›

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Sexual harassment plaintiffs will get a new trial after the New Jersey Supreme Court ruled the trial court erroneously omitted testimony from a co-worker who testified during deposition that a supervisor instructed her to speak negatively about plaintiffs and in favor of the accused harasser. professional

In Griffin v. City of East Orange, the New Jersey Supreme Court determined the testimony of the co-worker, which was not allowed at trial because it was reportedly irrelevant, was in fact directly pertinent to plaintiffs’ claims for compensatory and punitive damages arising from a hostile work environment. Further, these statements, which involved hearsay, overcame hearsay exceptions because it constituted statements by a party’s agent or servant offered against the party (an exception via N.J.R.E. 803(b)(4) ).

The three accusers had alleged a supervisor created a hostile work environment through sexual harassment, quid pro quo sexual harassment and retaliation. She is seeking both compensatory and punitive damages.  Continue Reading ›

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Anyone who has worked in the service industry for any amount of time knows that wage theft is rampant in the restaurant business. But allegedly, national pizza chain Domino’s baked a rigged system right into their payroll software. pizza

The New York Attorney General’s office has filed a lawsuit against Domino’s – both the parent company and the franchise, as joint employers – for systematically cheating workers out of money they were owed. The lawsuit follows a years-long investigation that produced a digital paper trail from each franchised pizza shop straight to the corporate headquarters.

The wage theft lawsuit, which names three franchises plus the corporate parent company, alleges workers were underpaid at least $565,000 at 10 stores throughout New York. This case marks the first time that the attorney general in New York has asserted a fast food corporation is liable as a joint employer for labor violations that occur at franchises. It’s a closely watched case because it could mean greater accountability throughout the industry if the attorney general prevails.  Continue Reading ›

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A California appellate court has upheld a $16 million verdict in favor of a former Staples manager who alleged wrongful termination based on age discrimination.oldwoman

In Nickel v. Staples, plaintiff was 64-years-old when he was fired in 2011 by the national chain. He alleged the termination was in violation of California’s Fair Employment and Housing Act (FEHA). A state court jury agreed, awarding $3 million in compensatory damages and $22.8 million in punitive damages (which was later reduced to $13 million by the judge).

Now, the California Court of Appeal, Second Appellate District, Division Three, has affirmed that verdict, over the protests of the defendant. Continue Reading ›

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In Pico Rivera, a working-class, Latino suburb of Los Angeles, Wal-Mart is the second-largest employer for the region. More than 500 families rely on the big box chain for their income and the company accounts for 10 percent of the city’s tax revenue. There are also a number of workers fighting for better working conditions, including a living wage, regular hours and the absence of pregnancy discrimination. pregnancy4

Here, as a recent UPI article explained, some have paid a hefty price for their activism, including being fired or laid off. They are relying on donations for food and clothing. Still, a number showed up at the shareholder’s meeting this year, petition in hand requesting reinstatement from executives.

Although some are dismissive of Wal-Mart and its practices, we should consider that it is in fact the biggest company and the largest private employer in the world. In the U.S., it employs 1.4 million people and it operates in 27 other countries on five continents. The only other employers that are bigger than Wal-Mart: The U.S. Department of Defense and the Chinese Army. Continue Reading ›

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A recent study by the Center for Worklife Law at the University of California’s Hastings Law School revealed that, after years being discriminated against for taking family leave to which they are entitled, workers are fighting back. Specifically, they are pursuing FMLA discrimination lawsuits (Family Medical Leave Act) at an increasing clip. momenttogether

Many are new parents who face discrimination during pregnancy or right after having a new child. Others are caregivers who are taking on responsibilities of caring for a sick relative.

The other thing the report revealed? The aggregate win rate on FMLA discrimination lawsuits is about 67 percent of the cases that go to trial, which is about five times higher than other types of employment lawsuits. That assumes you are a good, diligent worker who has been the victim of what you believe to be discrimination. (Keep in mind too, cases may be settled to your advantage far in advance of trial.)  Continue Reading ›

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