Employment Attorney Services' Blog

Tennessee Supermarket Faces Employment Discrimination Lawsuits

In a press release published in its official website, the EEOC announced that a Tennessee Supermarket is about to settle the employment discrimination lawsuit that the agency filed against the latter.

The Piggly Wiggly, which is owned and managed by MWR Enterprises Inc. II, is about to pay $40,000 to settle a race and gender discrimination lawsuit filed against it by the EEOC.

The lawsuit arose when the EEOC learned that the said supermarket violated the federal law concerning discrimination based on gender and race. Allegedly, two stores of Piggly Wiggly intentionally declined to hire African-Americans due to their race. The EEOC also found out that the said supermarket also failed to hire males for cashier positions at several locations.

The EEOC charged the Piggly Wiggly stores in Hartsville and Lafayette, Tennessee for maintaining a segregated work force and for establishing a practice of not hiring male employees for a certain position.

Using either race or gender as a basis for employment decisions or job assignments is a violation of the federal law under the Title VII of the Civil Rights Act of 1964.

After attempting to reach a pre-litigation voluntary settlement through its conciliation process, the EEOC filed a race and gender discrimination lawsuit before the office of the US District Court for the Middle District of Tennesse, Nashville Division.

Aside from the monetary relief, the supermarket is also about to enter a four-year consent decree to establish a written policy stating that all job assignments will be made without consideration to an applicant’s gender or race. Also, the supermarket must create guidelines and procedures for processing job applications and provide training regarding employment discrimination to all its managers. Furthermore, Piggly Wiggly must keep records of similar complaints and post a notice about the lawsuit and settlement in all its store locations.

According to the EEOC’s Memphis District Office attorney, Faye Williams, the law stating that employers may not make any employment decisions on a race or gender basis is very clear. He further said that the agency will pursue in ensuring that such border to employment are removed.

Employers often forget that employment discrimination doesn’t only apply to current employees but also to job applicants. Discrimination on the basis of race or gender can be a disturbing experience. Therefore, an employee has all the right to file for an employment discrimination claim once they experienced such hostility.

Jimmy Fallon and NBC Faces Gender Discrimination Lawsuit

A former employee recently filed a Gender Discrimination lawsuit against Late Night with Jimmy Fallon and NBC.

The lawsuit was filed by Paul Tarascio, a former stage manager at the Late Night with Jimmy Fallon. Allegedly, Tarascio first filed a complaint before the office of the EEOC last July 2010 but he asserts that nothing happened until the agency issued him a “right to sue” which permits him to file for a proper lawsuit.

In his lawsuit, Tarascio claims that he was fired by the comedian Jimmy Fallon along with network officials after he expressed his displeasures for his demotion when a female staffer took his job. 

Allegedly, a female employee who was not qualified for the job took over Tarascio’s position as a first stage manager simply for the reason that Fallon felt more comfortable working with the female staffer chosen the replace him.

Tarascio further claimed that in his years in service, he never received any criticism or negative reviews about his job performance and as matter of fact, he only received appreciations while on the other hand, his female successor is a disaster and always rely on him. Tarascio added that his immediate supervisor implied that he would lose his job due to his gender.

Tarascio is seeking for a court judgment for his back pay and compensation damages in his lawsuit.

An employee experiencing gender discrimination in the workplace can seek protection under the Title VII of the Civil Rights Act of 1964 and the Fair Employment and Housing Act (FEHA). However, if they still feel like something is not going right, then victims approach an employment law attorney may have the right to file for a more comprehensive lawsuit.

Arizona Bank Sued for Age and Gender Discrimination

Obviously, companies still remain unthreatened after the EEOC’s thorough surveillance against existing companies that do not abide with the equal employment laws.

According to the latest news gathered from the official website of EEOC, the agency is suing the Bank of Albuquerque in Phoenix, Arizona for age and gender discrimination.

Bank of Albuquerque is a BOK financial corporation duly organized and existing under the federal government of Arizona, USA.

Recently, the EEOC found out that the said bank illegally discharged two managers, Elizabeth Morantes and Yolanda Fernandez for being above 40 years of age. Apart from the two managers, another employee was also disciplined by the bank’s management for her sex and age.

The EEOC initially tried to reach a voluntary pre–litigation settlement before filing the age and gender discrimination lawsuit at the US Court District for New Mexico in Albuquerque.

The lawsuit is claiming for a monetary relief for the three victims of employment discrimination and order prohibits the bank from being involved in any further discrimination in the workplace. The agency affirms that the two managers discharged were long time employees of the bank while the other one was unreasonably disciplined on a gender basis.

In the lawsuit, the EEOC claims that the bank violated the law imposed by the Title VII of the Civil Rights Act which prohibits age and gender discrimination. The same also provides protection to all employees.

Long time employees deserve to be honored and commended for all the efforts they have exerted in helping a company succeed through the years. Age and gender should not become an issue in the workplace, as nobody deserves to be discriminated.

Being treated unfairly or discriminated in the workplace on the basis of age and gender can be a disturbing experience to any employee. However, employees may seek justice from discrimination attorneys for the discrimination they suffered. In that way, their anguish and emotional stress may somehow be reduced.

Pregnant Worker Sues Employer for Discrimination

Firing an employee because she is pregnant is a violation of federal law and may cause the employer to face stringent penalties.

Consider the case of Greystar Management Services, L.P., which has faced lawsuit after terminating a pregnant worker. 

According to reports on Wednesday, Amada Lucero, housekeeper for Greystar, informed her superior that she is pregnant. The management responded by requiring her to present medical certificate and terminating her employment contract.

Lucero filed a complaint with US Equal Employment Opportunity Commission (EEOC) stating that though she was medically cleared to resume working with cleaning chemicals, the employer removed her from her post. She asserted that she had performed her job satisfactorily, and the termination was unfair, reports said

As stated in the lawsuit Lucero reported the misconduct to EEOC, in which the federal agency filed the lawsuit in US District Court of the District of Maryland. EEOC is seeking compensatory, punitive, and injunctive damages on behalf of the aggrieved employee.

Firing an employee just because she is pregnant is a violation of Title VII Civil Rights Act of 1964. Employers are prohibited from committing acts of discrimination against workers who have temporary disability or medical condition.

Employers also have the responsibility to provide accommodation to pregnant workers. Some examples are adjustment in work schedule and tasks to assist their pregnancy. Firing the pregnant employee is an act of discrimination and assaults her right to earn a living.

The employer should have discussed with the pregnant employee on how she can be assisted through her pregnancy instead of firing her. The employer should have also sought medical advice from the doctor on the safe levels of cleaning chemicals. In these ways, the employer has cleared his or her doubts on keeping a pregnant housekeeper.

For more information on pregnancy discrimination, you may consult with an
employment lawyer in Los Angeles. Your Labor attorney will help you go through the process of litigation.  Dial 1-866-772-2889 or email us at eas@mesriani.com for a free case analysis.

Bank of the West Agrees to Pay $48,000 for Sex Discrimination Lawsuit

Some discrimination acts are obvious enough to spark a legal controversy like a recent hiring preference at Bank of the West in Oklahoma.

According to reports, Bank of the West has been involved in a sex discrimination case after rejecting a qualified female applicant. The employer offers $48,000 as settlement for the case.

The woman applied for a branch manager post at Quail Creek branch. She also requested a two-week child care arrangement. The employer assessed her as the most qualified for the post, but chose to hire a male applicant instead. She later discovered that the male employee has been granted two weeks of child care arrangement, reports said.

Reports said the woman filed a sex discrimination lawsuit with EEOC in the US District Court in Oklahoma. The employer entered into a conciliation process with the EEOC and assented to pay $48,000 as settlement for the case.

The Bank of the West agreed to comply with EEOC regulations such as informing and training its employees on anti-discrimination policies. The employer also assented to report similar cases to the federal agency.

Under Title VII of the Civil Rights Act of 1964, it is illegal to discriminate employees on the basis of sex. It also prohibits employers from refusing to grant employment opportunity to qualified applicants because of gender. It covers the hiring, retention, promotion, and termination stages of employment. Failure to abide with such law carries stringent penalties.

The woman should have been hired as branch manager because she is the most qualified applicant. Her request for child care arrangement should have also been granted. The employer’s preference over the less qualified male applicant is an obvious discrimination act.

Discrimination nowadays spread like wildfire among companies who prefer "convenient workers". Employers tend to refuse application of qualified women solely because they do not want to grant family or medical leave requests. The bad news is the federal law bans such idea.

For more information on sex discrimination lawsuit, you may consult with an employment attorney in California. Your lawyer will help you undergo the process of litigation. You may dial 1-866-772-2889 or email us at eas@mesriani.com for a free case analysis.

Mason County Forest Products Settles Sex Discrimination Lawsuit with EEOC

The price for a wrong act can be expensive.

The Mason County Forest Products company will remember that as they pay $900,000 as settlement for a sex discrimination lawsuit filed by the US Equal Employment Opportunity Commission (EEOC).

The mill company agreed to compensate two female employees for a sexual harassment and discrimination suit filed by EEOC at US District Court in Washington on Wednesday, reports said.

According to EEOC reports, Debbie Bernsten and a co-worker filed a complaint after their employer refused to correct a sexually hostile work environment. The women reported that the management ignored their petition and said, "boys will be boys ."

The women alleged that the manager and male employees hurled offensive remarks and physical intimidation against them. They also received explicit comments that the mill should be staffed with male workers. At one time, they were even locked in a portable lavatory while the men push the unit back and forth.

EEOC entered into a conciliation process with the company. It agreed to pay $900,000 to two women and comply with labor regulations. In addition, the employer agreed to conduct anti-discrimination seminars, revise company policies, and report  similar cases to the agency.

Under Title VII of the Civil Rights Act of 1964, it is illegal to discriminate employees on the basis of gender. Employers have the responsibility to protect workers against sexually hostile environment. They also need to correct the misconduct of managers or other employees. Failure to fulfill such responsibility can result in legal consequences.

Harassment is categorized under gender discrimination, wherein women are protected against unequal treatment or physical assault on the basis of sex. Female workers who experienced unfair employment practices or wrongful termination may report the illegal act to EEOC and pursue a complaint against the party at fault.

For more information on sex discrimination lawsuits, you may consult with an employment attorney in Los Angeles. Your lawyer will help you undergo the legal process. Dial our toll free number at 1-866-772-2889 or email us at eas@mesriani.com for a free case analysis.

Fred Meyer Stores Faces Sexual Harassment Lawsuit

A customer is NOT always right.

This is the stand of US Equal Employment Opportunity Commission (EEOC) when it its officials filed a sexual harassment lawsuit against Fred Meyer Stores Inc. on Wednesday.

According to reports, EEOC filed the suit after female employees of Fred Meyer Oak Grove-Milwaukie reported their manager's failure to address their sexual harassment complaint.

As stated in the lawsuit, the manager ignored the workers' complaints against a regular customer who would sit near the bundy clock, pull them near his body, and touch their private parts. Laura Morrow, one of the complainants, narrated how the regular customer would make offensive remarks and grope her body. The rest of the female employees stated how the harasser would give unwanted hugs and rub up against them.

The supervisors said the employees’ complaints are not actionable unless they see the actual harassment. The manager also dismissed the regular customer's behavior and described the allegations as rumors. The female employees then filed the complaint with EEOC.

The federal agency filed the suit at US District Court in Oregon. EEOC seeks damages on behalf of the female employees. More over, EEOC wants the company to comply with labor regulations, conduct training on anti-sexual harassment laws, and report similar cases.

An EEOC official commented that the employer has the responsibility to protect employees against harassment from superiors, co-employees, and even customers. Fred Meyer Stores' failure to fulfill such duty has resulted in legal consequences.

Under Title VII of the Civil Rights Act of 1964, employers must ensure a workplace that is free from discrimination and harassment. Employers must address sexual assault complaints and correct any misconduct among employees or involved customers.

This recent case proves how firm EEOC is in disciplining employers who fail to abide with labor laws. Even customers cannot appear right when discrimination or harassment laws are violated.
Sadly, this issue and the future of the hypermarket giant are now in the hands of litigators. If Fred Meyer Stores management has corrected the misconduct earlier, their business image may have not been scarred.

For more information on sexual harassment in the workplace, you may consult with an employment lawyer in Los Angeles. Dial our toll free number at 1-866-772-2889 or email us at eas@mesriani.com for a free case analysis.

Dolgencorp Settles Sexual Harassment Suit with EEOC

Failure to address valid complaints of employees may cause legal consequences.

A recent example is Dolgencorp, operating as Dollar General, who disregarded the sexual harassment complaint of three female employees.

According to reports, Dolgencorp failed to correct known sexually hostile work environment. Its executives did not implement disciplinary measures to prevent the accused store manager from committing further sexual assaults to three female employees.

The three women stated in the suit that the manager repeatedly hurled sexually offensive remarks, touched them on private parts, and requested sex. They claimed that the assaults happened from February 2005 to May 2006. The employees reported the employer misconduct to Equal Employment Opportunity Community (EEOC), which then filed the lawsuit at U.S. District Court in North Carolina.

The Dolgencorp then cooperated with a conciliation process with EEOC. The company agreed to pay the aggrieved employees with $50,000 as settlement. Moreover, Dollar General assented to comply with EEOC regulations such as requiring employees to undergo proper training, implementing an anti-harassment policy, and reporting future sexual harassment complaints.

As stated in Title VII Civil Rights Act of 1964, it is the responsibility of the employer to ensure that the workplace is free from sexual harassment. Moreover, the employer has to prevent and correct known misconduct among managers to protect other employees from assaults. Failure to fulfill such duty constitutes liability and legal consequences.

For more information on sexual harassment, you can consult with a labor lawyer in Los Angeles. You may dial our toll free number at 1-866-772-2889, or email us at eas@mesriani.com for a free case analysis.

Employer Settles Job Applicants’ Sex Discrimination Case for $288,000

Can a job applicant file a complaint of discrimination against a prospective employer?

 

Discrimination in employment and during the hiring process is prohibited under both federal and state discrimination laws – this applies to job applicants during the hiring process.

As recently, Tennessee-based ThyssenKrupp Elevator Manufacturing Incorporated has agreed to pay a total of $288,333 to some 248 female job applicants who were denied or rejected when they applied as assembler/packer and for other utility positions in the company’s facility in Middleton. The incident allegedly occurred in December 2005.

The claim was an offshoot of investigation conducted by the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), which found that the company was in violation of state and federal discrimination laws on hiring, specifically Executive Order 11246, which prohibits federal contractors and subcontractors from discriminating on the basis of sex.

As a result, the company was asked to settle the job applicants’ claim and asked to make the financial remedy. The company will also extend 23 job offers to the affected female applicants when positions become available.

The terms of the agreement also include paying wages and interest to the affected applicants and to undertake monitoring and corrective measures to ensure compliance with law and to correct any discriminatory practices.

Our experienced California employment attorneys can help you file a claim against discrimination in the workplace. You may dial our toll free number at 1-866-772-2889, or email us at eas@mesriani.com for free case analysis.

Norfolk Southern Railway Settles Sex Discrimination Lawsuit with $60,000

The Norfolk Southern Railway Corporation will pay $60,000 to a female employee who filed a sex discrimination complaint against it with the US Equal Employment Opportunity Commission (EEOC).

Kathryn Class reported Norfolk's refusal to provide her with necessary training that is needed in order for her to get promoted to yardmaster position. Also, her employer replaced her with a less qualified male worker, claiming that her disqualification is based on the company's anti-nepotism policy, reports said.

Class contested that Norfolk has a history of choosing male employees for supervisory positions. Also, the plaintiff claimed that her employer has consistently allowed relatives to work together in the company.

EEOC received Class' complaint and initiated mediation. Norfolk agreed to pay $60,000 as settlement amount for Class' sex discrimination suit. Also, the company agreed to give the yardmaster position at Baltimore terminal to Class.

Discriminating an employee on the basis of sex or gender is a violation of Title VII of Civil Rights Act of 1964. Employers who violate such labor provision will face corresponding penalties. EEOC, the agency that implements such law, requires employers to comply with existing labor regulations and to order their employees to participate in  discrimination seminars.

The agency upholds that women who are qualified for supervisory positions should be given fair consideration. This includes access to trainings that may complete the hiring requirements.

If you were subjected to  sex discriminatory practices  in the workplace, you may consult an employment lawyer in Los Angeles who can help and guide you throughout the legal process.

You may dial our toll free number at 1-866-772-2889, or email us at eas@mesriani.com for free case analysis.