Articles Posted in Employment Discrimination

According to data filed with the nation’s Department of Labor (DOL), Goodwill Industries paid disabled workers in at least 10 states an hourly wage of less than 22 cents in 2011. In fact, two Texas locations reportedly paid more than 50 employees less than a dime per hour. Additionally, an Ohio location allegedly paid a disabled worker a paltry three cents per hour. Goodwill franchises in Florida, Maryland, Michigan, North Carolina, Oklahoma, Pennsylvania, Virginia, and Wisconsin purportedly paid employees 21 cents per hour or less between 2008 and 2011. In contrast, Goodwill executives generally earn at least a six-figure annual income.

A little-known federal law reportedly allows Goodwill Industries and other non-profit groups to pay disabled workers wages that fall below the national minimum. Section 14 (c) of the Fair Labor Standards Act allows employers to pay disabled employees based upon their abilities so long as the employer obtains a wage certificate from the DOL. The law, however, was passed in 1938. According to the National Council on Disability’s Clyde Terry, organizations like Goodwill have failed to maintain appropriate wage levels for disabled employees. As a result, Terry believes that disabled persons are often devalued by their employers. He also stated sheltered workshops like those run by Goodwill should be phased out.

Section 14 (c) apparently allows non-profit employers to use so-called time studies to determine the pay rate for disabled employees. The studies reportedly use a stopwatch to determine the amount of time it takes each worker to complete an assigned task. That rate is then compared with the amount of time it takes an employee who is not disabled to complete the same task. Disabled worker pay rates may fluctuate as time studies are allegedly completed once every six months. Goodwill data shows that 69 franchises in the United States employ about 7,300 disabled workers who are currently eligible to receive an hourly wage below the federal minimum of $7.25.

Although Goodwill apparently acted within the limits of federal law, many disabled workers suffer reprehensible and illegal discrimination. Too many employers in New Jersey and across the nation choose to unlawfully discriminate against employees who suffer from a disability as a result of biased thinking. If an individual’s disability does not physically prevent the performance of any essential job duties, an employer has no legal basis to discriminate. If you feel that you suffered discrimination at work as a result of your disability, you are advised to contact a quality employment lawyer to discuss your rights.
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The United States Equal Employment Opportunity Commission (EEOC) has agreed to settle a religious discrimination complaint filed against the owners of a hotel chain for $45,000. According to the EEOC, the Comfort Inn Oceanfront South in Nags Head, North Carolina refused to honor an employee’s request not to work on her Sabbath. Although the employee’s religious accommodation was initially honored, a new management team allegedly began requiring the woman, who is a practicing Seventh-Day Adventist, to work on Saturdays. After the worker refused to work on her Sabbath, her employment was purportedly terminated.

The EEOC filed a lawsuit against the hotel chain under Title VII of the Civil Rights Act of 1964, which forbids religious discrimination. As part of the settlement agreement, the hotel chain agreed to pay the terminated employee $45,000, implement new operating policies designed to protect workers from religious discrimination, and provide employees with anti-discrimination and anti-retaliation training. In addition, the hotel owners agreed to provide the EEOC with information related to any religious accommodation requests received in the future.

Regional Attorney for the EEOC’s Charlotte District Office, Lynette A. Barnes, stated no worker should be required to choose between employment and religion. Barnes added that employers have an obligation to accommodate the religious needs of employees where there is little impact on the conduct of their business.

Employers in New Jersey are required to make reasonable accommodations for workers with regard to religious holidays and other needs. Generally, discrimination has occurred if an employer fails to make religious accommodations that do not have a major impact on business operations. Employees have a right under both state and federal law to sue for damages if they were discriminated against. In order to recover damages for discrimination, however, workers must be part of a group that is protected by statute. Employees who were discriminated against based upon their religion, age, gender, pregnancy status, race, military status, disability, and more may have a discrimination claim against an employer.

In many cases, employers discriminate against protected classes of individuals by refusing to hire, demoting, terminating, or harassing them. In 2011, the EEOC reportedly filed nearly 2,000 employment lawsuits in New Jersey. Of those, 89 cases involved religious discrimination. If you were the victim of religious or other discrimination in the workplace, you should contact a quality employment attorney to discuss your rights.
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In mid-June, the American Medical Association (AMA) voted to recognize obesity as a disease at the organization’s annual meeting in Chicago. The measure was approved by AMA delegates despite that the group’s Council on Science and Public Health reportedly recommended against it. Although the AMA’s decision has no binding legal authority, it was apparently aimed at focusing more attention on the increasingly common health issue.

Whether or not obesity is a disease has reportedly been debated for a number of years. According to AMA Board member Dr. Patrice Harris, the group decided to recognize obesity as a disease instead of a condition in an effort to change the way the health issue is treated by medical professionals and insurers. In addition, Dr. Harris stated the disease, which now afflicts approximately one-third of all Americans, is linked to a number of additional heath issues such as diabetes and heart disease. Unfortunately, defining obesity can be tough as there is currently no universally accepted definition. Also, the body mass index calculations used by many doctors to diagnose obesity are considered flawed by most medical authorities.

The AMA’s decision is especially interesting because it may have implications for obese employees who suffer workplace discrimination. Although it is currently unclear whether obesity constitutes a disability under the Americans with Disabilities Act (ADA), morbid obesity is considered a disability by the nation’s Equal Employment Opportunity Commission (EEOC). In 2010, the EEOC filed a lawsuit that alleged morbid obesity was a protected disability under the ADA. Last year, the EEOC also settled a case on behalf of a morbidly obese man who suffered discrimination at work.

No matter the cause, disabled employees often suffer unlawful workplace discrimination. Too many supervisors and employers choose to harass or discriminate against individuals who suffer from a temporary or permanent disability. Disabled workers in New York and New Jersey have a right to expect fair treatment. In addition, an employer must provide reasonable accommodations that allow an employee to perform his or her job. If you feel that you suffered employment discrimination as a result of a disability, you are advised to contact a quality employment law advocate to help you protect your rights.
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The United States Supreme Court has reportedly declined to review a challenge to a federal law that states an employer must accommodate a worker who becomes disabled. In United Airlines v. EEOC, the Equal Employment Opportunity Commission (EEOC) sued United Airlines over a company policy that allowed a disabled worker to apply to transfer to another position within the company without giving the employee any sort of preference. Instead, the policy stated that a disabled worker was required to compete with other applicants for any vacant positions. According to the EEOC, the airline violated the “reasonable accommodations” requirement of the Americans with Disabilities Act (ADA). Although a trial court dismissed the case, a Seventh Circuit panel stated the ADA required United Airlines and other employers to appoint a disabled worker to a vacant position if the employee is qualified and the accommodation does not present an excessive hardship for the employer. The appellate court also remanded the case for trial.

United Airlines appealed the appellate decision to the Supreme Court and argued the court’s holding would effectively turn the ADA into an affirmative action law. According to United Airlines, the Seventh Circuit’s decision would make it impossible for employers to select only the most qualified workers for each position. The current presidential administration allegedly urged the high court to allow the Seventh Circuit decision to stand. Because the Supreme Court refused to hear the case, a district court will now consider whether United Airlines could prove a sufficient level of hardship existed in the case that was brought by the EEOC.

Unfortunately, disabled employees often suffer discrimination at work. Too often, employers choose to unlawfully discriminate against or harass workers who suffer from a temporary or permanent disability due to biased thinking. Disabled persons in New York and New Jersey have a right to expect that their employers will provide them with reasonable accommodations that allow them to perform their job. If your request for reasonable accommodations at work is denied, your rights may have been violated. If you believe you suffered employment discrimination as a result of a disability, you should contact a skilled employment law attorney.
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Last week, a proposed class-action lawsuit for alleged gender discrimination that was filed last year in a New York federal court by a female former Greenberg Traurig shareholder was reportedly settled. The shareholder purportedly worked in the law firm’s Philadelphia office for about three years between 2007 and 2010. According to her complaint, the Florida-based law firm violated the federal Equal Pay Act by underpaying its female attorneys.

In a 52-page complaint, the woman claimed she was underpaid by more than $200,000 over three years. She also alleged that she was told her annual bonus was smaller than expected because the male shareholders “had families to support and that she did not need the money.” Her proposed class-action sought to represent more than 200 past and current female shareholders of the firm. Following settlement negotiations, the lawsuit was apparently dismissed with prejudice at the request of both the shareholder and Greenberg Traurig. The exact terms of the parties’ settlement were not disclosed.

The woman’s lawsuit was purportedly filed after she filed a complaint with the nation’s Equal Employment Opportunity Commission (EEOC). Following a federal investigation, the EEOC purportedly stated the organization found “reasonable cause to believe” the 1,700-attorney law firm not only underpaid its professional female employees, but also treated them less favorably than the firm’s male attorneys. According to a spokesperson for Greenberg Traurig, the EEOC’s findings were only applicable to the firm’s Philadelphia office. Still, EEOC statistics state less than four percent of complaints receive a “reasonable cause” determination following an investigation.

This case demonstrates that although women’s rights in the workplace have come a long way in recent generations, women from all walks of life are still unfairly discriminated against. Sadly, no employer is immune from engaging in illegal and unfair discrimination. It is important to keep in mind that gender discrimination is not always immediately apparent. Whenever an employer treats workers differently based solely on their gender, discrimination has taken place.

In some situations, gender discrimination may result in a so-called “glass ceiling” for female employees. This means women may find it difficult to be promoted beyond a certain level within a company. In addition, experienced and qualified female workers may be denied equal compensation despite their skills. If you suffered gender discrimination at work, a quality employment lawyer can help.
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One of the world’s largest medical and diagnostic testing companies in the world, Quest Diagnostics, has reportedly settled with regulators from the State of New York over allegations that the company engaged in employment discrimination. According to the New York State Attorney General’s Office, Quest violated state law by automatically disqualifying job applicants based solely on their criminal history. As part of the settlement, the Fortune 500 Company apparently agreed to pay $70,000 in fines and submit periodic compliance reports to state regulators. The Madison, New Jersey-based company will also reportedly modify its hiring policies, conduct employee training regarding the changed policies, and preserve all of its hiring records. Quest purportedly employs more than 42,000 people nationwide and operates at least 200 facilities in New York.

An investigation into Quest’s hiring practices allegedly resulted after a prospective job applicant filed a complaint with the Attorney General’s Office. In the State of New York, potential employers must consider a number of mitigating factors in conjunction with an applicant’s criminal history. Following the investigation, Quest was accused of refusing to hire applicants with a criminal past without regard for their qualifications, the amount of time that passed since the conviction, and evidence of rehabilitation. In addition, a Quest subsidiary, ExamOne Worldwide Inc., allegedly violated New York law by summarily refusing to consider any applicant with a criminal conviction that occurred within the previous seven years.

As this case demonstrates, employment discrimination can affect job applicants as well as those who are employed. Unfortunately, such discrimination is not always immediately obvious. Under both state and federal law, workers have a right to sue for damages if they were discriminated against. In order to recover financial compensation, employees must be part of a group that is statutorily protected. Workers who were discriminated against based upon their age, gender, race, disability, religion, military status, pregnancy, and more may have a discrimination claim against an employer. Oftentimes, employers discriminate against such classes of persons by failing to hire, demoting, firing, or harassing them. If you suffered employment discrimination during the application process or after you were hired, you should contact a skilled employment lawyer to discuss your rights.
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On May 1st, a federal jury in Iowa awarded $240 million to 32 mentally-disabled workers who were allegedly abused and controlled by their now-defunct employer. According to the nation’s Equal Employment Opportunity Commission (EEOC), the disabled workers were paid 41 cents per hour, housed in unsanitary conditions, denied basic medical care, and physically and verbally abused by individuals who were charged with overseeing their care for years. The EEOC sued their employer, Henry’s Turkey Service, on behalf of the workers after the State of Iowa closed the facility in 2009. The company was allegedly investigated and closed in Iowa after state officials received a complaint from one of the worker’s family members.

According to Sue Gant, a Developmental Psychologist who purportedly testified on behalf of the workers, the disabled individuals were “virtually enslaved” by the company. The Iowa jury allegedly found that Henry’s Turkey Service violated the workers’ civil rights and imposed discriminatory conditions of employment in violation of the Americans with Disabilities Act (ADA). The jury’s award of $7.5 million per worker was reportedly the largest handed down in the 48-year history of the EEOC. Gant stated she believes the jury award was so large due to the level of discrimination suffered by the workers.

President of Henry’s Turkey Service, Kenneth Henry, stated the allegations were exaggerated and said the company has plans to appeal. Although it is unlikely the now-closed Texas-based company has the financial means to pay the award, federal officials have reportedly stated they will work to recover as much as they can for the disabled workers. In 2012, Henry’s Turkey Service was also ordered to pay the workers $1.3 million in back wages.

Although the workers in this case suffered reprehensible discrimination, not all employment discrimination is immediately obvious. Sadly, many employers choose to unlawfully discriminate against employees who suffer from a disability due to biased thinking. If a disability does not physically prevent a worker from performing his or her essential job duties, an employer has no legal basis to discriminate based on that disability.

Workers in New York and New Jersey are protected from disability discrimination no matter the severity of their disability. In addition to more severe limitations such as blindness or paralysis, depression, anxiety, and learning disabilities are protected as well. If you believe you suffered employment discrimination as a result of your disability, you should contact a quality employment law attorney.
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