Orange County discrimination lawyer

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.

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.

Saks Claims Right to Discriminate Against Transgendered Employees

January 23, 2015 | by Nassiri Law

Transgendered employees are a protected class under California state laws and federal law. The Justice Department and the Equal Employment Opportunity Commission hold it is illegal for employers to discriminate against transgendered employees. In a recent turn of legal events, Saks & Co. administrators in a federal motion asserted the company has the right to discriminate against employees for being transgendered.

According to the filing, Saks asked for the dismissal of a former employee’s discrimination lawsuit because transsexuals are not protected under Title VII.

Title VII of the Civil Rights Act bans employment discrimination based on race, religion and gender. According to reports, a transgendered woman alleges she was instructed to separate her work and home life and to begin behaving in a more masculine manner at work. The lawsuit alleges that she was ultimately terminated in retaliation for speaking up about a hostile work environment. Saks attorneys filed a motion in the Southern District of Texas, denying all legal claims. The defense team also alleges that though the discrimination is tied to gender, the discrimination is related to his status as a transsexual. In essence, the defense attorneys are arguing adverse employment action based on plaintiff’s status as a transsexual is grounds for a discrimination action.