Retaliation

July 8, 2014

Plaintiff in Employment Discrimination Lawsuit Alleges that Employer Fired Him Because of Religion

A former marketing director for a wireless telecommunications company has filed suit against his former employer for religious discrimination. Mindrup v. Goodman Networks, Inc., No. 4:14-cv-00157, complaint (E.D. Tex., Mar. 20, 2014). He alleges that, after working for the company for years, he was terminated one day after he refused to comply with instructions from a superior that, he claims, violated his sincerely-held religious beliefs. Because the plaintiff alleges that the violations were intentional, he is seeking punitive damages along with lost wages and other damages.

The plaintiff worked for the defendant as Director of Marketing Communications. Part of his job was to send out a daily email message to employees entitled “The Morning Coffee,” which he states that he did for about six years. He alleges that one of the company’s co-founders, who was also a corporate director and officer, instructed him on March 14, 2012 to begin adding Bible quotes to “The Morning Coffee” the following day. The plaintiff, who is a practicing Buddhist, claims that he believed this would not only go against his own religious beliefs, but might offend other employees.

The following day, the plaintiff claims that he emailed the co-founder to decline the instruction, adding that he had “always taken great care to avoid any quotes that would offend others” or his own beliefs. Id. at 4. The co-founder allegedly responded with an email saying “I respect your beliefs.” Id. The plaintiff then claims that the co-founder fired him “in an after-hours telephone call” the next day, March 16, “without any warning or progressive discipline,” because of his refusal to put Bible verses in the daily email message. Id.
Continue reading

July 7, 2014

Teacher Sues New York School, Alleging Discrimination and Firing Based on Age, Marital Status, Sex, and Sexual Orientation

by Resnick Law Group, P.C.

A former coach and physical education teacher has filed suit against his former employer, alleging that he faced unlawful discrimination and was fired in retaliation for speaking out. Kenney v. Trinity School, et al, No. 161600/2013, complaint (NY Sup. Ct., NY Co., Dec. 17, 2013). This case might seem unusual because the plaintiff is a married, heterosexual male with children who alleges that his supervisor, an unmarried homosexual female, discriminated against him based on sexual orientation and marital status. He is asserting causes of action under the New York State Human Rights Law (NYSHRL), NY Exec. L. § 296, and the New York City Human Rights Law (NYCHRL), NYC Admin. Code § 8-107.

According to his complaint, the plaintiff was hired in 1997 to work on a contract basis at the Trinity School in Manhattan. His contract was renewed annually for sixteen years. He claims that he had a good employment record and generally got along with administrators, teachers, and staff at the school. This changed, he claims, when “a homosexual, single, female administrator with no children” became his supervisor. Kenney, complaint at 3. The supervisor allegedly discriminated against him because he is a fifty year-old married man with children.

While the plaintiff had previously received positive reviews on his work, he claims that the new supervisor routinely “berated and reprimanded” him. Id. She also allegedly gave preferential treatment to a younger, unmarried female teacher who did not have children, as well as other similarly-situated employees. The plaintiff claims that the supervisor assigned him work duties that exceeded the requirements of his contract, and refused to take his family responsibilities into account in planning for school activities. He claims that younger, unmarried teachers were not required to perform additional duties.
Continue reading

July 7, 2014

Former Post-Doctoral Student Files Lawsuit Against University, Supervisor, and Fellow, Alleging Sabotage of Experiment and Hostile Work Environment

by Resnick Law Group, P.C.

A former postdoctoral researcher at Yale University in New Haven, Connecticut has filed a lawsuit alleging breach of contract against the university and her former supervisor, along with several tort claims. Koziol v. Yale University, et al, No. NNH-CV14-6045144-S, complaint (Conn. Sup. Ct., New Haven, Feb. 24, 2014). The plaintiff alleges that a postdoctoral fellow, also named as a defendant, tampered with her experiments, and that her supervisor and the university retaliated against her after she reported the misconduct and the fellow was disciplined.

The plaintiff was a postdoctoral researcher at the Yale School of Medicine when the acts described in her complaint occurred. She received a three-year research grant in 2010, and was offered a postdoctoral fellowship position by Antonio Giraldez, an associate professor of genetics at Yale, in April 2011. The one-year fellowship was renewable annually up to four years. The plaintiff alleges that her acceptance of this position created a contract between her, Giraldez, and Yale. She began working at Yale on June 1, 2011.

Giraldez’s lab provided her with zebrafish for use in her experiments. Beginning in July 2011, her experiments began failing because her fish kept dying for unknown reasons. She obtained approval fto install a hidden camera in the lab in January 2012. Camra footage reportedly showed that another postdoctoral fellow, Polloneal Jymmiel Ocbina, had been poisoning her fish. Ocbina reportedly admitted to the sabotage, and either resigned or was fired in March 2012.
Continue reading

May 15, 2014

Federal Judge Holds that Employment Discrimination Based on Sexual Orientation Is Already Prohibited by Title VII

by Resnick Law Group, P.C.

A U.S. district court judge has ruled that Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on certain protected classes, may also apply to discrimination on the basis of sexual orientation. Terveer v. Billington, No. 1:12-cv-01290, mem. op. (D.D.C., Mar. 31, 2014). While many state anti-discrimination statutes expressly include sexual orientation as a protected class, the federal Title VII does not. The judge allowed the case to proceed on the basis of sex discrimination, religious discrimination, and retaliation under Title VII.

The plaintiff was hired in February 2008 to work for the Office of the Inspector General of the Library of Congress. His direct supervisor was, according to the court, “a religious man who was accustomed to making his faith known in the workplace.” Id. at 2. The plaintiff became friends with the supervisor and his family. The supervisor’s daughter learned that the plaintiff is homosexual in August 2009, after which the supervisor’s treatment of the plaintiff changed considerably.

The supervisor allegedly began to give the plaintiff ambiguous instructions for work assignments, assigned him as the sole employee on projects that needed multiple people, and lectured him on the sinful nature of homosexuality. The plaintiff reported his concerns to the next-level supervisor, who allegedly told him the employees have no rights in his opinion. No remedial action was taken. In June 2011, the plaintiff was denied his within-grade pay increase, and the supervisor allegedly subjected him to “hostile and abusive interrogation” when he learned of his intent to appeal the denial. Id. at 6. After taking medical leave twice, the plaintiff alleges that he was constructively discharged in April 2012 because of ongoing discrimination by the two supervisors.
Continue reading

March 31, 2014

New Jersey Law Against Discrimination Now Protects Workers from “Salary Secrecy” by Prohibiting Retaliation for Inquiring About Wage Discrimination

by Resnick Law Group, P.C.

An amendment to the New Jersey Law Against Discrimination (NJLAD) that took effect in January 2014 protects employees from retaliation by employers for asking about co-workers’ salaries as part of an investigation into wage discrimination. Prior to this amendment, New Jersey labor law already protected workers, commonly known as whistleblowers, who investigated or reported various unlawful practices by their employers, but did not protect workers who investigated certain practices. Many companies employment have “salary secrecy” policies that prevent employees from inquiring about other employees’ wages, making wage discrimination claims difficult.

Despite laws at the state and federal level prohibiting overt wage discrimination based on gender, the gap in wages between men and women is alive and well in New Jersey and around the country. Salary secrecy is among the biggest reasons for this continued disparity. Companies discourage employees from discussing pay with one another, and in some cases, even terminate employees for asking about other employees’ wages. A 2012 Forbes article found that companies with salary secrecy policies often had little justification for the policies aside from management’s unwillingness to explain their salary decisions to others. Such policies may also increase employee dissatisfaction and reduce overall efficiency, while more transparent policies have had positive results. The new amendment to the NJLAD effectively bans salary secrecy in New Jersey.

New Jersey law prohibits sex discrimination “in the rate or method of payment of wages.” N.J. Rev. Stat. § 34:11-56.2. It also prohibits employers from retaliating against employees who complain to the employer or the New Jersey Civil Rights Commission about alleged wage discrimination. N.J. Rev. Stat. § 34:11-56.6. The statute does not specifically mention investigations of possible wage discrimination, and this is where salary secrecy policies can prevent employees from asserting their rights.
Continue reading

March 28, 2014

Lawsuit Claims Employer Fired Plaintiff for Reporting Racial Discrimination, Sexual Harassment Within Company

by Resnick Law Group, P.C.

A federal lawsuit accuses a New York business of firing the plaintiff in retaliation for his report of unlawful employment practices. Giraldo v. The Change Group New York, Inc., et al, No. 1:14-cv-00375, complaint (S.D.N.Y., Jan. 21, 2014). The plaintiff, who is a gay man, also alleges that he was subjected to ongoing sexual harassment, discrimination, and a hostile work environment based on sexual orientation. The lawsuit asserts causes of action for retaliation, discrimination, and harassment in violation of federal, state, and city law.

The plaintiff was employed as a sales consultant by a currency exchange group in Manhattan from December 2012 until November 2013. He alleges multiple instances of harassment by two managers in the office, including inappropriate comments about his sexual orientation. One of the managers allegedly displayed similar behavior towards female employees and customers on a regular basis. The plaintiff claimed that he also frequently made “ethnically and racially discriminatory comments towards African American employees,” Muslim employees, and the plaintiff, who is Hispanic of Colombian descent.

In a seemingly-anonymous email sent to company executives just after midnight on October 8, 2013, the plaintiff complained about the two managers’ allegedly widespread discrimination and harassment. He identified multiple specific instances of inappropriate sexual and racial comments directed to the plaintiff, and inappropriate comments and behavior directed at others. He also noted his concern that speaking out publicly would cost him his job, as people who expressed dissenting opinions were often “squashed or treated as heretics” by the managers. He specifically stated that if he attached his name to the email, he believed he would be fired.
Continue reading

March 20, 2014

Lawsuit in New Jersey State Court Accuses Police Department of Sexual Harassment, Race Discrimination, and Harassment

by Resnick Law Group, P.C.

A lawsuit filed in a New Jersey Superior Court against a police department and several police officials seeks over $1 million in damages for alleged race discrimination, sexual harassment, and retaliation. The plaintiff in Cruz v. Old Bridge Police Department, et al alleges that the department ignored her repeated complaints of sexual harassment because of her race, and then subjected her to retaliation and a hostile work environment that prevented her from returning to work. The New Jersey Law Against Discrimination (NJLAD) protects workers from employment discrimination based on factors like race and sex, and includes sexual harassment as a form of gender discrimination.

The plaintiff, according to local news coverage, was hired in May 2004 as an auxiliary police officer for the Old Bridge Police Department. This is a part-time position that works certain events, assisting the police department by providing crowd and traffic control. She alleges that a lieutenant began sexually harassing her shortly after she was divorced by asking her questions and making comments of an inappropriate sexual nature, and with direct sexual advances. She asserts that she asked him to stop and reported the matter to the department’s Internal Affairs unit, but the harassment continued.

When the lieutenant was promoted to captain, he became the plaintiff’s direct supervisor. She claims that he created a hostile work environment by “ostraciz[ing] here” and behaving in a “disrespectful and…demeaning manner.” The department ignored her complaints, she claims, because she is a black Hispanic woman. She received a charge of “conduct unbecoming” that she claims was false, and in September 2011 she was suspended without pay for allegedly submitting false time records in order to increase her pay. She also denies this charge. The department did not fire her, but reportedly also did not set an end date for her suspension. The township listed her employment status as “did not return,” according to the Home News Tribune. She either quit or was terminated by the department in December 2011.
Continue reading

January 29, 2014

Settlement Shows Workplace Sexual Harassment Can Happen Anywhere in New Jersey and Elsewhere

by Resnick Law Group, P.C.

Three employees of the King County Sheriff’s Office will reportedly receive $1 million as part of a workplace sexual harassment settlement. In their lawsuit, three female Sheriff’s Office workers claim two of their male supervisors in the Special Assault Unit made lewd comments and exhibited other inappropriate behavior towards them. The two men are also accused of mocking the sexual assault victims the department works to protect and engaging in retaliation against the three women. According to the female employees, their formal complaints regarding the inappropriate conduct were dismissed or ignored for several years. Because of the County’s alleged indifference to the offending behavior, the women eventually filed a sexual harassment lawsuit that was accompanied by the sworn statement of at least six current and former Sheriff’s Office workers.

Prior to settling the case, a newly elected Sheriff, John Urquhart, transferred the two men accused of perpetrating the alleged harassment to different units. In the case, the women sought a combined total of up to $9 million in compensation for the emotional distress each female employee reportedly endured at work. Following mediation, the women agreed to split a $1 million sum three ways. The plaintiffs also demanded that the Sheriff’s Office provide annual sexual harassment training to workers and issue a formal apology. King County agreed to comply with both additional demands, but refused to admit liability as part of the settlement agreement.

Although this case occurred in Washington, it shows that sexual harassment can happen at any workplace. In New Jersey, most employment law complaints allege sexual harassment or sex discrimination. According to data from the United States Equal Employment Opportunity Commission, more than 600 sexual harassment or discrimination cases were filed in the State of New Jersey in 2011. Additionally, the number of sexual harassment claims filed in New Jersey has reportedly increased by approximately 10 percent since 2006. If you believe that you suffered workplace sexual harassment or discrimination, you should discuss your rights with a skilled New Jersey employment lawyer.
Continue reading

January 15, 2014

Hudson County Jury Awards Former Public Safety Director $440,000 in Back Pay for Unlawful Race Discrimination

by Resnick Law Group, P.C.

An eight-member Hudson County jury has awarded a former City of Hoboken employee $440,000 in back wages for discrimination. In the lawsuit, former Public Safety Director Angel Alicea, who is Hispanic, alleged that he resigned from his position in 2011 after he suffered race discrimination and retaliation at the Hoboken Police Department. Alicea also claims Mayor Dawn Zimmer intentionally underpaid him, sought to replace him with a white man, and attempted to destroy his reputation.

When he resigned, Alicea was reportedly earning $27,000 per year in his part-time role with the city. He was later replaced by a full-time employee who earns $110,000 annually. At trial, Mayor Zimmer testified that Alicea was asked to resign after she discovered the former Public Safety Director lied to her about meeting with a key witness in a high profile sting operation. According to Alicea, the meeting Mayor Zimmer described never took place. Alicea stated he believes he was asked to resign under threat of being fired for disclosing alleged improprieties related to steroid use and drug testing within the department.

Although a majority of jurors found the City of Hoboken discriminated against Alicea, their verdict stated Mayor Zimmer did not engage in illegal race discrimination against the man. The next day, a separate hearing regarding punitive damages was cancelled after the parties reached a settlement agreement. That agreement is now pending approval before the Hoboken City Council.
Continue reading

January 13, 2014

OSHA Award Demonstrates that Employers in New Jersey and Elsewhere May Not Retaliate Against Workers Who Refuse to Violate the Law

by Resnick Law Group, P.C.

The owner of an Ohio-based trucking company recently agreed to pay two former truckers more than $300,000 after it fired them in violation of the Surface Transportation Assistance Act’s (STAA) whistleblower provisions. The two men were allegedly fired for refusing to operate a commercial vehicle in violation of federal law after one of the men was cited by West Virginia State Police for carrying an excessive load and operating a tractor-trailer without a log book, commercial driver’s license, or required vehicle information displayed. Both men were reportedly terminated from Star Air Inc. for refusing to continue driving company vehicles until the issues were resolved.

After the two men filed a discrimination and retaliation complaint with the United States Department of Labor’s Occupational Health and Safety Administration (OSHA), an administrative law judge ordered the company to reinstate the workers with back pay. The judge’s order was later upheld by the agency’s Administrative Review Board. As part of a consent agreement, the trucking company will pay the men $302,000 over the course of three years. If the payments are not made, the company and its owner will be liable for the entire award of nearly $700,000 issued by the U.S. District Court for the Northern District of Ohio, Eastern Division, in Civil Action Number 5:12-cv-02833.

OSHA is responsible for enforcing the whistleblower protections enumerated in the STAA and multiple other Acts. In general, employers may not retaliate against workers who raise specific concerns that are protected by federal law or notify the federal government regarding their concerns. Additionally, employees who are terminated or suffer other retaliation for voicing their concerns may file a complaint with OSHA.
Continue reading