Employment Attorney Services' Blog

Iowa’s Largest Lawsuit of its Kind Dismissed

A Jury ruled on April 17 that the state of Iowa’s employment policies have not discriminated employees and job applicants based on race. The said case was in fact closely monitored by civil rights activists.

After reviewing Iowa’s largest lawsuit of its kind filed by approximately 6,000 African-Americans, Iowa District Court Judge Robert Blink resolved the case in his ruling by dismissing the complainants’ racial discrimination claim.

In the lawsuit, the complainants are requesting the city of Iowa to pay millions for lost wages and other damages. They further claim that the city of Iowa changes its hiring and promotion decisions which brought an adverse effect on their part.

During the litigation, the complainants called several experts to attest that blacks usually have lower chances of being interviewed, hired, promoted and given salary increase and employment benefits.

However, in Blink’s ruling, it stated that the complainants failed to provide reasonable proof that the state managers subjected its employees, as well as job applicants, to racial discrimination in the workplace.

The said lawsuit, which was referred to as the largest lawsuit of its kind against the civil service system of the government, strategically tested a legal theory that social science and statistics alone can mount widespread employment discrimination.

A spokeswoman from the complainants’ party said that the complainants are reviewing the court’s decision to determine whether or not they have the right to file for an appeal.

Figures show that the state of Iowa’s workforce is only comprised of 2.9 percent blacks while the rest are all white. Hence, one of the complainants’ lawyer is praying that the judge will consider taking a bold action that would make Iowa a leading state in providing fair employment opportunities without any prejudice.

Apparently, complainants need to understand that informing the whole world that they suffered from racial discrimination in the workplace is not sufficient. Necessarily, they still have to prove that the employer violated either the Title VII of the Civil Rights Act or the Fair Employment Housing Act (FEHA) in order to achieve a favorable court decision.

Montana’s Chief Federal Judge Making another Racial Discrimination Comment against President Obama

A Montana Chief Federal Judge was caught making racial discrimination comment against President Barack Obama.

US District Judge Richard Cebull has recently apologized for sending an e-mail containing a racially discriminating joke concerning President Obama. The said e-mail blatantly equated African-Americans with dogs, and raised questions about the President’s mixed racial ancestry.

Cebull said in his explanation that the offensive e-mail came from his brother. He affirmed that he just sent it to some of his old buddies and his main reason is that he is not a fan of President Obama and he is not actually racially discriminating.

In a news report, the LA Times said that they obtained a copy of Cebull’s e-mail message before he forwarded it to some of his contacts, apparently with a joke saying that the e-mail was a bit touching. Therefore, Cebull allegedly said, he was hoping that his colleagues would feel the same way, too. 

The said e-mail features a little boy asking his mother why the mother is white and he is black. The mother replied to his little boy and said “Don’t even go there Barack! From what I can remember from the party, you’re lucky you don’t bark!”.

The e-mail was sent from the Judge’s official e-mail account at work, and the same immediately ignited controversy in Montana. Since then, there were calls on social media sites for his registration.

Although Cebull admitted his wrongdoing last Wednesday and has already apologized, a Montana Human Rights Advocate isn’t buying his explanation and instead said that it is quite hard to believe that a legitimate criticism of the president should involve distributing a joke that basically compares African-Americans with animals.

Cebull is definitely aware about the existing federal laws regarding racial discrimination in the workplace since he is one of the top judges in the state of Montana. He is a Republican. Therefore, everybody in his jurisdiction is expecting him to be the first person to impose equity and justice in his society. Moreover, he should also serve as a role model that does not discriminate anyone based on race, even though he is against a certain person.

German Industrial Conglomerate Faces Racial Discrimination Raps

A huge German industrial conglomerate faces charges for allegedly creating a hostile work environment for one of their former employees in its Chicago office.

The former employee, identified as Montrelle Reese, filed a racial discrimination lawsuit against ThysseKrupp.

Reese, an African-American, was a sales representative at ThysseKrupp Elevator from November 2007 until January, 2012. Reese was assigned at the company’s Chicago office. He said he voluntarily resigned because he can no longer stand the hostile work environment created by his immediate supervisors and other co-workers.

In his lawsuit, Reese claims that his immediate supervisors are calling African-American employees with n-words and names and frequently have a black face routine at company meetings.

The Illinois Department of Human Rights found Reese’s harassment evidences as true and correct and with reasonable cause. The agency further added that the company’s wrongdoing created a hostile work environment which hinders the ability of the employees, including Reese’s, to perform their jobs effectively.

The employment law attorney representing Reese said that his client might be the only person making a complaint, but the company seems to carry on and accept the atmosphere.

A representative from ThysserKrupp denied the allegations, while Reese couldn’t be reached for comments, according to a news report.

It is illegal for an employer to discriminate against an employee on the basis of race or national origin. Apart from the obvious discriminatory practices such as verbal insults and slurs, discrimination also includes employment decisions based on race, like promotions and benefits.

Once an employer shows any practice which can create a hostile work environment, an employee may file a racial discrimination claim.

When you feel like you’re being discriminated based on your race, do not hesitate to file for a discrimination claim whether you are with a group or alone. Don’t be afraid as long as you know you have strong grounds.

Matrix LLC. of Philadelphia Finally Settles Race Discrimination and Retaliation Charges

 

The racial discrimination and retaliation lawsuit filed by the US Equal Employment Opportunity Commission (EEOC) against Matrix LLC., of Philadelphia was finally settled.

The Matrix LLC., one of Philadelphia’s largest cleaning companies, agreed to pay the monetary relief of $450,000 to a class of its 15 former employees. In addition to their monetary fine, the company will also undergo the three year consent decree resolving their court case.

The employment discrimination lawsuit filed by the EEOC against the Matrix LLC, the issue of racial discrimination and retaliation stemmed when a Matrix high-ranking employee allegedly gave an order to one of their supervisors, Barbara Palemi, not to hire any more African-American cleaners. Palemi broke the official’s order and still continued to hire black cleaners amidst orders. Matrix fired her in retaliation for going against the company’s racial discrimination. 

Such discrimination qualified under the violation of Title VII of the 1964 Civil Rights Act. Said provision prohibits discrimination based on race and making it illegal for an employer to retaliate against any employee for going against the company’s instruction to make a hiring decision on a racial basis.

The said cleaning company is restricted from getting involved in any other racial discrimination and retaliation issues. They are also required to conduct trainings for their supervisors and managers about the prohibitions of racial discrimination and retaliation in the workplace. Furthermore, they must also submit a report to the EEOC regarding the discrimination complaints that the company will receive and post a notice of remedial. The consent decree must be duly approved by the US District Court for the District of Pennsylvania.

Same with other companies that have become a subject for litigations, the Matrix immediately cooperated with the EEOC to resolve the discrimination issue arising from their workplace. 

Knowing that the EEOC is always there to protect the employees and implement a fair labor act, everyone is guaranteed with a sure sense of security. However, there are some instances that abusive employers seem to be unreasonable enough not to perform righteousness, in this type of situation, you may ask for assistance from a Los Angeles labor attorney to resolve your concern.

University of New Mexico faces Racial Discrimination Claims

Several employees of the University of New Mexico filed employment discrimination claims against the University on the basis of race.

Allegedly, a black faculty and other staff members of the university suffer from a hostile workplace based on their race. They are of African and American race.


Particularly, the complaint which was also filed with the state’s Department of Education claims that such employees have been excluded from promotion and the black faculty is almost left out from all major positions. Furthermore, they also assert that blacks face a difference in salaries compared with their other fellow worker.

The complaint also claims that over the past decade, almost a hundred percent of doctors who left the university’s medical school and hospital have the same reason for leaving – they all experienced harsh employment discrimination in the workplace.

The group of claimants which was headed by Bishop David Cooper affirms that despite the fact that there were dozens of complaints regarding racial discrimination from their African and American employees in the previous years, the university administrators didn’t even consider making a change.

The group is hoping for a change in the university’s policy and practice in concern with the employment discrimination they are suffering.

On the other hand, the university President, David J. Schmidly and the Head of Health Sciences Center, Paul Roth had spoken out. In their joint statement, they denied the racial discrimination claims. According to them, there is no any form of discrimination against anyone that occurs in the university since they implement very clear policies which outlaw discrimination in the workplace.

The medical school’s spokesman, Billy Sparks also commented on the issue. He said that the allegations about the doctors leaving the medical school and hospital had been raised several years ago. He added that the same has been investigated too and was found to be baseless.

However, in an April report compiled in response to Mr. Schmidly’s request, it showed that the black community in New Mexico has become isolated and required the school for a transformational change.

What the claimants is trying to imply here is the mere fact that despite the growing numbers of complaints about the racial discrimination in the university, nobody seems to pay attention to the issue.

Under the law, paying the employee less or giving them fewer benefits based on race is strictly prohibited.

Two Consecutive Employment Discrimination Lawsuit Filed Against Lake County Employers

Two local residents of Lake County filed their consecutive lawsuits against different employers for terminating them simply because of racial discrimination.

The first complainant who filed for racial discrimination is Byron Baker. Baker is a former employee in CEC Entertainment. He had been in the company for more than two years.

Allegedly, Baker’s manager usually punishes black employees for mistakes while employees are free from their manager’s punishment. In his claim, Baker said that their manager just ignore mistakes coming from their white employees.

Baker was finally terminated when he accidentally broke a glass counter top despite of his offer to pay and replace the broken glass. Now, Baker is claiming for compensatory damages, back pays and others in his lawsuit.

The second Lake County resident to file an employment lawsuit is James Schmal. But this time, the complainant is suing his former employer for disability discrimination. He is a former employee of Environmental Service Department at Franciscan St. Anthony Health Center.

In his lawsuit, Schmal stated that when he was 11 months old, he suffered seizure and as a result of which, he became intellectually and emotionally disabled, included in his disabilities is his being short tempered.

In Schmal’s statement, way beck in February he was suspended and then fired for cursing his employer after they argue about a stack of cardboard boxes left in a disorderly manner. He stressed out in the lawsuit that her former employer violated his rights as stated in the Americans with Disabilities Act.

The Americans with Disabilities Act is a wide range of civil rights law that prevents uncertain circumstances, disability discrimination. This act protects the employees from employment discrimination based on disability.

Due to this two consecutive employment discrimination lawsuit filed by different employees, their federal government might be alarmed retrograding cases of employment discrimination in their county.

Workers of Hampton Inn Franchise Files Race Discrimination Suit

Employees of Hampton Inn Franchise in Colorado, operating as Century Shree Corporation and Century Rama Inc., have filed a class race discrimination suit against the owners, according to US Equal Employment Opportunity Commission (EEOC) on Monday.

Reports said a group of employees who were White and non-Hispanic were wrongfully terminated by the owners of company.

As stated in the lawsuit, the employers believed that non-Hispanic and White employees were lazy. As a result, they fired a group of workers belonging to the above mentioned race regardless of their work performance.

Dewetta McKnight, Wendy Buckley, and Ashlee Flannery initiated the filing of complaint to EEOC. They reported how the owners discriminated against them just because they belong to a particular race, reports said.

Reports said the federal agency filed the race discrimination lawsuit in US District Court for the District of Colorado. The EEOC also filed mishandling of employment records charge against the employers.

The EEOC is seeking compensatory and punitive damages on behalf of the aggrieved employees.

Discriminating against workers on the basis of race or ethnic origin is a violation of Title VII Civil Rights Act of 1964. Employers have the responsibility to promote equal work opportunities and create a discrimination-free workplace.

Firing employees just because they belong to a particular race is unfair. More so, labeling a group of workers as lazy based on stereotypes is unreasonable.

The owners of the company should have based employment decisions on work performance and not on workers' race. The management should have implemented reasonable ways to detect indolent workers rather than succumbing to hearsays.

Being lazy is not in the blood, but in the person's decision not to perform well at work.

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

AA Foundries Faces Racial Harassment Lawsuit

Seeing a hanging noose on workstation is too much for a day’s stress. Such misconduct destroys workers’ confidence as well as affects work productivity. More so, it sparks a harassment suit.

Take the example of AA Foundries Inc. in San Antonio, which is now facing a lawsuit after allegedly subjecting its African-American workers to hostile treatment, according to US Equal Employment Opportunity Commission (EEOC) reports on Friday.

According to reports, the African-American employees have suffered repeated insults and assaults from their supervisor. The group experienced being referred to as "N" and "boy".

As stated in the lawsuit, the aggrieved employees also saw posters and a hanging noose on their work stations. The supervisor would also post racially offensive photos.

The aggrieved employees filed a complaint with EEOC after the employer failed to address the misconduct. The federal agency filed the suit in US District for the Western District of Texas after initiating a conciliation process.

EEOC is seeking unspecified damages on behalf of the African-American workers.

Subjecting a group of employees on the basis of their race is a violation of Title VII of the Civil Rights Act of 1964. Employers have the responsibility to ensure that the workplace is free from harassment or discrimination. Employers also are mandated to correct known misconduct among supervisors and other employees. Failure to fulfill such obligation carries stringent penalties.

The employer should also have corrected the misconduct of the supervisor. The employer should have also allowed the group of African-American workers to undergo grievance procedure to resolve the problem. Ignoring the known hostile workplace is a sure way to spark a racial harassment lawsuit.

To learn more on racial harassment lawsuit, you may consult with an employment lawyer in Los Angeles. Your Labor lawyer will help you undergo the process of litigation.
Dial 1-866-772-2889 or email us at eas@mesriani.com for a free case analysis.


Herzog Roofing Settles Race Discrimination Suit with $71,500

Herzog Roofing has assented to pay $71,500 to seven employees who have complained of race discrimination to Equal Employment Opportunity Commission (EEOC).

The seven employees who have mixed Hispanic, Black, and Indian race reported the employer misconduct to EEOC. The complaint includes description on how the employees and the supervisors have hurled racial slurs and offensive remarks at the aggrieved workers.

Also, the Herzog Management has failed to correct the discrimination acts despite their petitions. Worse, the employer fired the employee who requested for grievance process, reports said.

Reports said the EEOC initiated conciliation and the Herzog management assented to correct its unfair practices. Also, the employer agreed to pay $71,500 as settlement amount.

Furthermore, Herzog Roofing will provide anti-discrimination seminars to employees and managers to prevent similar race discrimination complaints.

Should the employer fail to comply with the EEOC regulations, the employees can pursue litigation. The EEOC will present more documents that show how the employer mistreated workers on the basis of their ethnic origin.

If proven guilty, the employer will have to pay more damages and face stringent penalties.

Employers must be careful in addressing race discrimination complaints among workers. Employees who belong to protected class have extensive rights under Title VII Civil Rights Act. Such law provides protection to workers against hostile treatment and retaliation. Failure to correct existing misconduct can lead to expensive lawsuits and penalties.

To learn more on Race Discrimination, you can consult with an Employment lawyer in Los Angeles. Your Labor attorney will guide you throughout the process of litigation. You may dial our toll free number at 1-866-772-2889, or email us at eas@mesriani.com for free case analysis.

Obama Needs to Add More US Jobs to Retain Presidency

As unemployment rate rise from 9.0% in April to 9.1% in May, some voters could be planning to withdraw their support from President Barack Obama.

Even the US Department of Labor has made no progress when it had only added 54,000 non-farm payroll jobs in May. It is considerably lower than the previous 220,000 additional jobs from February to April, reports said.

Reports said the 9.1% unemployment rate is expected to rise for the following months. Factors such as layoff, business foreclosure, decline in consumer spending, oil price hike, and weak housing market may affect companies and proceed on reducing laborers.

Despite the increasing jobless rate, neither the legislators nor the Obama administration plans to pursue government-sponsored job creation. The recent rejection of "JobsPlan" in the House only shows how bleak employment opportunity is in US.

Obama's failure to address the unemployment, fiscal debt limit, and deteriorating economy has sparked ill remarks from citizens. Should Obama remain passive in facing the economic realities, voters may not remember his name on November 2012. He may be popular among some groups, but it will not be enough to convince the hundred of thousands struggling Americans.
 
Perhaps it’s about time Obama reassess to where his loyalty is: pleasing minority circles or saving his entire country. Illegal labor practices and discrimination cases will increase more if the labor condition in US will not improve.

As the Equal Employment Opportunity Commission (EEOC) report showed, discrimination in the workplace has increased by 7.1 percent. Employees who have disability and ethnic origin have complained of retaliation and hostile treatment from their employers. More so, workers who have filed complaints are either fired or demoted in work.

Such discrimination practices are violation of Title VII Civil Rights Act and have corresponding penalties under Labor law.

If the government continues to ignore these aggravating labor issues, there will be no more prestige left for workers in the United States. Citizens may instead suffer scorn and shame in the remaining months of 2011. This period will be enough to convince them of the need to change the nation’s leader.

For more information on Labor law, you may consult with an Employment attorney in Los Angeles. You may dial our toll free number at 1-866-772-2889, or email us at eas@mesriani.com for free case analysis.