According to the Labor Department, a $5 million settlement has been reached with chip maker Intel Corp. over allegations of pay discrimination against its female, African American and Hispanic employees. 

As part of the agreement, Intel will pay $3.5 million in back wages and interest. It is also allocating at least $1.5 million in pay adjustments over the next five years for U.S. workers in engineering positions. 

Intel said Tuesday that it is pleased to have resolved the matter and said it achieved global pay equality in January. 

Like many other tech companies, Intel employs mostly white and Asian men, especially in technical positions such as engineering. According to its most recent diversity report , 27% of its employees are women, 9% are Hispanic and less than 5% African American.

Across the board, studies show women are frequently paid less than men for performing the same job. While the Equal Pay Act and Title VII of the Civil Rights Act are designed to prohibit such discrimination, pay disparity remains a problem for many Florida women, in part because the laws themselves include a number of procedural hurdles that must be cleared before an equal pay claim ever reaches a trial court.

Employees are supposed to be free from wage discrimination based on race, color, religion, gender, age, national origin, or disability. These rights are protected by the Equal Pay Act of 1963, and Title VII of the Civil Rights Act of 1964. Despite all these protections, there are many studies that document the significant wage disparities between men and women, and between white people and people of color. Sadly, this also means that the pay gap is the worst for women of color.

The Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 prohibit discrimination on the basis of gender, and require that men and women be paid equally for equal work. There are very important differences in these laws, which is why you need to work with an experienced and knowledgeable employment discrimination attorney who knows the differences between the two, and can advise you on the best course of action for you lawsuit.

In order to prove a case of race or gender-based wage discrimination an employee must show that an employer treats workers differently based on race, color, gender, or national origin.

Race-based wage discrimination is prohibited by Title VII of the Civil Rights Act of 1964, which states it is illegal for an employer to discriminate based on race. Race-based discrimination can be committed against an employee, or even someone who is applying for a job. Some examples of race-based discrimination includes: 

  • Pay rate
  • The decision whether or not to hire an applicant
  • Title
  • Promotion
  • Benefits

It is illegal for an employer to make an employment decision with regard to any of these terms of employment based on race, gender, color, or national origin. Race and gender-based discrimination does not necessarily have to be overt. An employer may have committed race or gender-based wage discrimination by implementing seemingly-neutral policies that disproportionately affect people of a particular race or gender.

A successful race or gender-based discrimination claim can include the following compensation: 

  • Back pay
  • Lost wages 
  • out-of-pocket expenses
  • Court costs and attorneys’ fees
  • Damages for emotional and mental anguish

Punitive damages, which are given out to punish your employer for violating the law. These are only awarded in situations where the employer acted intentionally or in a particularly egregious way.

With that said, many people facing discrimination in the workplace are scared to come forward out of fear of being retaliated against by their employer. Our Florida Discrimination Attorneys at Whittel & Melton want you to know that the law strictly forbids retaliation against employees for reporting illegal discrimination. If you have complained of discrimination or made a report to HR, and after you said something, your employer demoted or terminated you, or diminished your wages and/or benefits, you may very well have a claim for retaliation. To prove a claim of retaliation, you must prove that you suffered an adverse employment action because you complained about or reported discrimination.

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Did you know that in much of Florida, a person can be fired or not hired simply because they are gay, bisexual or transgender? 

Yes, blatant discrimination is still perfectly legal even after the U.S. Supreme Court ruled same-sex marriage to be legal more than four years ago. 

Currently, a bipartisan group of state lawmakers, backed by big business, is yet again trying to change that.

Multiple Tampa Bay-area legislators have introduced bills for the 2020 legislative session that would prohibit businesses from discriminating against their employees on the basis of gender identity or sexual orientation.

Both Senate Bill 206, sponsored by Sen. Darryl Rouson, D-St. Petersburg, and House Bill 161 would amend the state’s Civil Rights Act of 1992 to prohibit such discrimination. The act already prohibits discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age or handicap.

The bills also would prohibit businesses and landlords from discriminating for those same reasons, but the language allows for discrimination for religious reasons.

For nearly a decade now, lawmakers have tried to pass an anti-LGBTQ discrimination bill, but the efforts have not made headway in Florida’s GOP-controlled Legislature.

This leaves many questioning if this is the year change will happen. The public policy director for Equality Florida, created in 1997, which advocates on behalf of the LGBTQ community, said 60 percent of Floridians are protected from discrimination by ordinances passed by cities and counties, including Hillsborough and Pinellas and all three counties in South Florida.

The issue has widespread bipartisan support with recent polling showing nearly 70 percent of both Americans and Floridians back protections against anti-LGBTQ discrimination. Twenty states have already passed similar legislation.

Dubbed the “Competitive Workforce Act,” lawmakers are selling the legislation as not just the right thing to do, but as a way to lure businesses to Florida.

Some of the biggest political donors in the state, such as Disney and NextEra Energy, the parent company of Florida Power & Light, strongly support it. 

Those companies and more than 450 others have created a nonprofit to advocate for the bill, arguing that anti-LGBTQ discrimination costs the state an estimated $362 million a year in lost productivity, turnover and inability or difficulty recruiting employees.

Last year, the bills were co-sponsored by nearly half of all lawmakers, but Republican leadership in both chambers prevented the bills from getting a hearing in any committee.

Neither House Speaker José Oliva, R-Miami Lakes, nor Gov. Ron DeSantis responded to requests for comment about where they stand on next year’s bills.

Next week, the U.S. Supreme Court is set to hear arguments in three cases that deal with whether it’s legal to fire workers for their sexual orientation or gender identity.

Without statewide laws, being fired for being gay or transgender remains a real fear for many Floridians.

Discriminating against someone in the workplace due to their sexual orientation or gender identity is still a major issue in the United States, as this article points out quite clearly. Our Florida Discrimination Attorneys at Whittel & Melton firmly believe that no one should be discriminated against, regardless of who they are or what their sexual orientation is.

Examples of LGBTQ discrimination can include:

  • Being harassed by your boss or co-workers because of your sexual preference
  • Your co-workers or employer making derogatory comments about homosexual, transgender, or bisexual individuals
  • Being denied a promotion because of your sexual preference
  • Being treated differently by your boss because of your sexual orientation
  • Being denied insurance or other work benefits because of your sexual orientation

A federal appeals court recently ruled that the Civil Rights Act prohibits workplace discrimination against LGBTQ employees. While the court decided that “discrimination on the basis of sexual orientation is a form of sex discrimination,” there are still no federal laws that make it clear that LGBTQ discrimination in the workplace is against the law. Several states have passed bills to protect these workers, but most states are still without any type of anti-discrimination laws. 

The following states currently prohibit discrimination based on sexual orientation and gender identity:

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Hawaii
  • Illinois
  • Iowa
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • Nevada
  • New Jersey
  • New Mexico
  • Oregon
  • Rhode Island
  • Utah
  • Vermont
  • Washington

The following states currently prohibit discrimination based on sexual orientation, but not gender identity:

  • New Hampshire
  • New York
  • Wisconsin

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On Thursday, numerous local government officials from 31 U.S. states pressured McDonald’s Corp’s to do a better job of protecting workers from groping, obscene comments and other forms of sexual harassment, adding their voices to an employee-led campaign that has seen walkouts at several stores.

In a letter to CEO Steve Easterbrook, 115 mayors, commissioners, city councilors and school board members asked McDonald’s to meet with workers, hear their stories and together craft tougher policies to effectively stamp out harassment.

The officials are part of an advocacy network called Local Progress.

MCDSMembers of the U.S. Congress have written similar letters and employees have ramped up pressure on McDonald’s at a time that the chain and other fast food restaurants have struggled to find and retain enough staff.

The letter said McDonald’s employees have filed more than 50 sexual harassment complaints with the U.S. Equal Employment Opportunity Commission. Reuters could not verify this because EEOC complaints are not public.

When asked to comment on the letter, McDonald’s referred to its Aug. 28 statement announcing a new training program for safe workplaces, which has support from more than 2,000 franchisees.

“Together with our franchisees, we have a responsibility to take action on this issue and are committed to promoting positive change,” said Chris Kempczinski, McDonald’s USA president. “These actions are one more step we are taking to raise awareness at all levels of McDonald’s that will transfer both inside and outside the workplace.”

Workers and those organizing them are trying to pressure McDonald’s, the largest U.S. restaurant chain by sales, to boost wages and address violence and harassment problems at its roughly 14,000 U.S. locations, most of them independently owned.

On Tuesday, workers at a Los Angeles McDonald’s walked off the job to protest, saying retaliation for reporting sexual harassment is rampant and they have been excluded from policy discussions, according to organizers and news reports – one of several similar protest in the last year and a half.

Last year, McDonald’s started working with RAINN, the largest anti-sexual violence organization in the country, to improve its policies.

McDonald’s released an announcement in August that they were implementing an even broader program focused on mitigating violence, harassment, bias and bullying, to start in October.

McDonald’s says they are doing everything they can to stop sexual harassment. In a statement, the company said:

“We have strong policies, procedures and training in place specifically designed to prevent sexual harassment. . . . To ensure we are doing all that can be done, we have engaged experts in the areas of prevention and response.”

Fast food companies and other restaurants often try to blame illegal behavior on their franchisees. Franchise arrangements are where one company buys the right to use the branding, trademarks and products of a larger company in exchange for a fee and royalties on profits. Due to how corporate controls these restaurants, it can be somewhat murky when trying to identify the responsible party: the franchisee or the corporation.

The franchising company often has policies for everything from advertising to food preparation. Franchisees, however, usually do not have the same degree of established policies and procedures for things like hiring or investigating sexual harassment complaints. This can translate to mean that such complaints do not receive the response they should under the law. 

While McDonald’s has said in multiple statements that it has implemented trainings to prevent sexual harassment in its company, it remains unclear whether McDonald’s efforts have been passed down to the franchisees. 

Sadly, many fast food workers, or employees of restaurants, fail to realize that the sexual harassment they experience in the food industry is unlawful, or that they have any recourse when management ignores their complaints.

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Power Design, an electrical contractor that’s completed more than 1,000 projects nationwide, is facing a lawsuit in the District of Columbia, where officials claim the company illegally misclassified hundreds of workers to lower wages and avoid payroll taxes.

The suit claims that instead of classifying the workers as employees, the St. Petersburg-based company used two labor brokers to classify at least 535 electrical workers as independent contractors. As a result, the workers did not receive overtime, sick pay or, in dozens of cases, even the minimum wage, according to the lawsuit. 

“Power Design cheated hundreds of district workers out of their hard-earned wages and stripped them of their legal rights,” District of Columbia Attorney General Karl Racine said in an announcement of the suit. “When companies misclassify employees as independent contractors, they steal from their workers and gain an unfair advantage over competitors that follow the law.”

The District of Columbia’s Workplace Fraud Act requires construction companies to classify workers in most circumstances as employees who are paid at least a minimum wage, overtime and other benefits, officials said.

To classify a worker as an independent contractor, a construction company has to prove that the worker does the job independently, is typically self-employed and does work that falls outside the core business of the company.

Independent contractors must pay all their own taxes, are not protected by most labor laws and do not have access to workers’ compensation or unemployment insurance.

Racine’s office also sued JVA Services and DDK Electric, contending that the Maryland-based companies acted as labor brokers to help Power Design cut costs and avoid its legal responsibilities. Their primary business, officials said, involved supplying Power Design with an average of 30 to 40 workers, but in one case as many as 90, for its projects.

Officials said that from 2014 to 2017 Power Design worked at least 10 large construction projects in the District of Columbia, among them the edgy LINE hotel and several luxury apartment complexes. 

According to the lawsuit, the company:

  • Never listed the workers in question as employees on Power Design’s payroll.
  • Paid less than the district’s minimum wage of $10.50 per hour to 24 workers in early 2016 and less than the minimum of $11.50 per hour to 39 workers after it rose in the middle of that year.
  • Did not pay at least 180 workers overtime to which employees are entitled in 2017.
  • Did not provide any misclassified employees with sick leave.
  • Did not pay unemployment insurance tax for any of the misclassified workers.
  • Cut costs to the point that it could submit low bids that won contracts away from competitors who complied with the law.

The Attorney General’s Office said it is seeking to recoup tens of thousands of dollars in unpaid minimum wages and overtime for workers, tens of thousands of dollars more in unpaid unemployment insurance taxes.

It also is seeking penalties from $1,000 to $5,000 for each misclassified worker and each failure to keep payroll records, which officials said could add up to millions of dollars in penalties.

In April, Power Design was ranked No. 2 among large companies in the Times’ annual Top Workplaces survey.

In response to the survey, Power Design said it had 526 employees, more than 130 active projects, a 70,000-square-foot national headquarters facility in St. Petersburg’s Gateway area and accumulative revenue exceeding $1 billion. The company also made the Top Workplaces list from 2013 to 2017.

Just because your employer has classified you a certain way or given you a certain job title does not mean that you are classified correctly as far as the state and federal governments are concerned. In order to qualify for the protection of federal (FLSA) or state labor law, an individual must be classified as an “employee.” Companies will often classify workers as “independent contractors” so they can avoid federal requirements to pay overtime and federal minimum wage.

Many businesses prefer to have their work performed by independent contractors rather than employees in order to avoid employment taxes and employee benefit costs. Employees are entitled to benefits and legal protections that independent contractors are not.

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Following an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Flipper’s Pizza T. & B. Inc. – operating 11 Central Florida Flippers Pizzeria restaurants – has paid $27,425 in back wages to 70 employees for violating the overtime provisions of the Fair Labor Standards Act (FLSA). 

The employer also paid $1,810 in civil money penalties for a child labor violation.

WHD investigators found the employer paid overtime-eligible assistant managers flat weekly salaries, without regard to the number of hours that they actually worked. This practice resulted in overtime violations when those employees worked more than 40 hours in a workweek but were not paid overtime in addition to those salaries. 

Additional overtime violations resulted when the employer calculated overtime for tipped employees incorrectly, basing those rates on servers’ cash rates only. The law requires employers to pay tipped workers overtime at time-and-one-half of at least the federal minimum wage of $7.25 per hour. WHD also found the employer employed a 17-year-old minor to operate a motor vehicle to make deliveries, a violation of FLSA child labor requirements. The employer also failed to maintain accurate payroll records.

“Businesses employing minors have a special responsibility to ensure the safety of these workers by not having them perform any duties deemed hazardous,” said Wage and Hour District Director Daniel White, in Jacksonville, Florida. “The Wage and Hour Division staffs local offices and provides online resources to assist employers in complying with the law. We encourage all employers to take advantage of these free compliance assistance resources, and to reach out to us with any questions.”

Under the Fair Labor Standards Act (FLSA) and Florida Law, any employee who works more than 40 hours in a workweek is entitled to compensation for the excess hours, either by:

  • Allowing or requiring the employee to take compensatory time off at the rate of 1.5 hours for each hour of overtime (government employees only) or
  • Receiving pay for overtime at the rate of 1.5 times the employee’s regular rate of pay.

Our Orlando Unpaid Wage & Overtime Lawyers at Whittel & Melton have seen employers cheat their employees out of overtime pay using some pretty slick techniques. While these complex and difficult-to-prove methods might be hard to spot, there are three major ways in which employers violate overtime laws:

  1. An employer may fail to pay overtime wages at the rate required by Florida law.
  2. An employer may misclassify an employee as exempt (also known as salaried) and not pay overtime when the employee should be properly classified as non-exempt and eligible for overtime pay.
  3. An employer may demand or allow an employee to work “off the clock” without pay, when the employer should actually be paying overtime wages.

If your employer has tried any of these methods on you, or you believe they might be doing something else to short you on overtime pay, our Orlando Unpaid Overtime Attorneys at Whittel & Melton are here to help. We want to expose their unlawful behavior and make sure you are paid what is owed to you. 

The U.S. Department of Labor’s Wage and Hour Division, which enforces federal wage laws, lists these as top wage-theft industries:

  • Nursing
  • Casinos
  • Homecare
  • Nannies or Childcare
  • Restaurants
  • IT Workers
  • Construction
  • Retail
  • Oil and Gas Field Services
  • Security Guard Services
  • Call Centers

It doesn’t matter where you work or what you do. If you think your employer is cheating you out of your overtime pay or engaging in other wage theft, let us review your case. 

If you regularly work more than 40 hours per week without getting any overtime pay, your employer owes you a large sum of money. You are legally entitled to collect all unpaid overtime from your employer. Our Florida Employment Lawyers at Whittel & Melton know how to help you recover the money that rightfully belongs to you. Let us evaluate your situation and determine what course of legal action is best. While it may seem like an insurmountable task to make an FLSA complaint about your employer, it is important to remember that employers cannot retaliate against you for exposing FLSA violations.

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Seven employees at the Florida Department of Health clinic in Haines City have spoken out publicly regarding being harassed by management for speaking Spanish at work.

They say they have been made to feel like criminals for simply speaking Spanish. 

The seven nurses and clerks at the Florida Department of Health clinic in Haines City are outraged over their workplace’s attitude towards them speaking their native language to each other.

The women are all Puerto Rican and say they were hired because they are bilingual. Haines City does have a high Hispanic population. 

Despite this, they say management has forbidden them to speak Spanish to each other.

They claim the harassment intensified in the last year, but has gone on much longer.

The women filed a complaint with the Polk County Health Department and have also reached out to the Tallahassee office. However, they say no action has been taken.

Activist groups like Alianza for Progress have taken notice and are stepping in to support the women.

The Florida Department of Health has yet to make an official statement regarding these complaints. 

Being verbally abused, intimidated, and/or harassed at work can be incredibly stressful and traumatic. This creates what is better known as a hostile work environment, and many employees who experience this kind of abuse from their employer or a coworker often feel like they have no options to end their suffering. That is simply not the case, and our Florida Discrimination Attornyes at Whittel & Melton can help you understand how to resolve these issues. We see too many victims of hostile work environments feel pressured to either quit their job or suffer through continued harassment and intimidation, but we can help to find you other options. 

Discrimination is defined by Florida state and federal law as the unfair and often hostile treatment of another individual based on their race, color, sexual orientation, or personal characteristics. In regards to Spanish speakers, they are often discriminated against because of their ethnicity and their cultural background. In the state of Florida and throughout the United States, discrimination in the workplace is against the law. When off-color comments or harassment about race happen in the workplace, this creates a hostile work environment. 

A lawsuit can be filed against your employer if they are allowing discrimination and harassment in the workplace to happen and fail to do anything about putting a stop to it. Discrimination and harassment in the workplace can take on various forms, so it is imperative to find an attorney in Florida who understands the rights of employees to review your case. 

There are several elements that must be present when it comes to hostile work environments based on discrimination lawsuits against your employer, inculding:

  • It must be shown that your employer is discriminating against you based on your religion, disability, race, color, or age in some way.
  • It must be shown that your employer’s behavior and actions have lasted for an extended period of time. With that said, you cannot sue your employer for one off-handed comment. Any and all incidents where your employer created a hostile work environment should be documented, recorded and filed with your company’s HR department.
  • Your employer’s actions must be consistent and severe enough to affect your ability to perform your everyday work duties. 
  • If your company has done nothing to eradicate issues of abuse or harassment, then you can move forward with legal action against your employer.

If you, your co-workers, or anyone else you kow has been the victim of a hostile work environment based on discrimination, it is in your best interest that you seek legal guidance from our Florida Discrimination Attorneys at Whittel & Meton who can guide you on filing a lawsuit against your employer for creating and facilitating a hostile work environment. We are Spanish-speaking Florida lawyers who can fight aggressively on your behalf to achieve a successful outcome for your case.  

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On Sunday, Afton Williamson, star of ABC’s ‘The Rookie,” announced she would not be returning to the drama starring Nathan Fillion.

The Rookie actress says she was the victim of sexual harassment and racial discrimination.

The actress, who co-starred on the cop drama from showrunner Alexi Hawley (Castle), ABC Studios and Entertainment One, announced her departure from the show in a lengthy post on her verified Instagram account.

Williamson claims she experienced racial discrimination and racially charged inappropriate comments from the hair department as well as from the drama’s executive producers starting with the pilot and continuing throughout the show’s first season. What’s more, the actress says the harassment was reported to Hawley and the showrunner never passed it along to human resources. Her issues escalated into sexual assault during The Rookie’s wrap party, she said.

Sources say Entertainment One — the lead studio on The Rookie — launched and has an ongoing investigation into Williamson’s claims. It’s unclear if the investigation was opened before or after Williamson departed the show. News of her departure hit the press July 26 and sources say she made the decision to not return for season two a few days before that.

“The allegations involve a production from Entertainment One. In late June, eOne made us aware and informed us that they launched an investigation that is ongoing. The safety of working environments is a top priority for us, and we take this matter very seriously,” an ABC spokesperson said in a statement.

“We take claims of this nature very seriously. We have initiated an independent investigation which is ongoing and as such, it would not be appropriate to comment at this time,” eOne said in a statement of its own late Sunday afternoon.

Williamson’s full post from Instagram is below.

I will not be returning for Season 2 of The Rookie. I owe it to you my amazing fans to share the Truth. Throughout the filming of the pilot, I experienced Racial Discrimination/Racially Charged inappropriate comments from the hair department and bullying from Executive Producers. During the Season, it continued along with Sexual Harassment from a recurring guest star and the racist commentary & bullying from the Hair Dept. Head escalated into Sexual Assault at our Wrap party.The Sexual Harassment though reported directly to the Showrunner/EP remained undocumented and was not reported to HR as promised. The Hair Dept. Head was fired ONLY after the sexual assault and NOT for an entire year of outward racism/racially charged language and bullying behavior in and out of the Hair and Makeup trailer. HR protocol was never adhered to following the above reports given by me to my Showrunner/EP and an investigation was never issued for any of my claims. The only time I was asked to participate in an investigation was after a meeting I called in June following our Season 2 announcement. This meeting included the Showrunner and two other producers as well as my agent and SAG-AFTRA Union Rep. It was clear to all present in the meeting that the Showrunner had not shared my reports with the any of the producers. After my initial report of sexual harassment, I was assured that the actor would be fired. I was also asked to film with him the very next day as a courtesy to the script, even though we had not begun filming the episode yet. This actor reappeared on our call sheet at the end of the season, I was even written in scenes with him. I asked the Showrunner about this and he admitted to me that the actor had not been fired nor had he gotten HR involved. I was asked to return this season, and promised that “everything was handled.” The investigation hadn’t even begun and Season 2 had already started filming. I turned it down and I walked. Now is the best time in the world to be a woman and I have a platform so it’s time to use my Voice. Strength comes from within. It comes from Above. “Greater is He that is within Me than he that is in the world.”

Being able to work in an evironment that is free from discrimination and harassment of any kind is part of our basic human rights and freedoms. When unlawful conduct affects your employment, unreasonably interferes with your work performance, or creates an intimidating, hostile, or offensive work environment, our Florida Employment Discrimination Attorneys at Whittel & Melton can help you recover financial compensation for your suffering.  

We routinely represent employees who have suffered discrimination based on their race, age, disability, taking of protected leave for medical reasons, or to care for a family member under the Family and Medical Leave Act, national origin, gender – including pregnancy discrimination and sexual harassment, sexual orientation, and religion. 

We can help with all types of workplace discrimination cases, including: 

  • Acts that occur before employment begins, like discriminatory hiring practices
  • Acts that occur during employment, such as discrimination in compensation, promotions, or other terms and conditions of employment
  • Acts that result from the taking of protected leave under the Family and Medical Leave Act
  • Acts that result in employment ending, such as wrongful termination
  • Any retaliatory actions employees face from their employers following a complaint about discrimination and harassment at work

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An employee of Boeing at their plant in North Charleston who found a noose hanging above his desk earlier this year says the company knew about “an atmosphere of racial hostility and harassment towards African Americans,” according to a federal lawsuit filed last week.

The man says he worked at the South Carolina plant for eight years and complained several times about racism in the unit where he had been assigned since 2017, the lawsuit says.

The man, who is black, says white coworkers urinated on his desk and in his seat “numerous times” and used a racial slur daily, according to the court filing. When he complained about the harassment and racism, the man says he was moved to a different unit that did not have air conditioning.

The racism at the plant gained international notoriety earlier this year after the man found a noose hanging above his desk, according to the lawsuit.

Boeing released a statement saying that most of the man’s “allegations were never brought to the attention of management, giving the company no opportunity to investigate these claims. The single issue he did raise was dealt with promptly and in a fair manner.”

Boeing says it fired the employee who hung the noose in the sprawling factory where the company assembles the 787 Dreamliner.

The man had to take medical leave twice because of the effects of the racist environment in the plant, the lawsuit says.

In a statement, Boeing said there are no “no validity to his allegations.”

While the man remains a Boeing employee, he is currently out on family medical leave, according to the suit.

Federal, state and local laws strictly prohibit an employer from discriminating against an employee based on race. These laws protect employees from being treated less favorably than other employees, receiving fewer job or promotional opportunities, termination and more, strictly based on race.

Different Types Of Race Discrimination

There are two types of cases when it comes to race discrimination. The first type is disparate treatment/ hostile work environment cases, and the second type is disparate impact cases. Disparate treatment cases involve an employee who is intentionally discriminated against due to their race. Disparate impact cases involve an employee who is discriminated against by employment policies that negatively affect them because of their race.

Race discrimination can take a variety of forms. The following are just a few examples of how race discrimination in the workplace can occur:

  • An employee is treated differently than other employees based on their race, including harsher disciplinary actions
  • An employee is denied promotions, training, or other employment benefits due to their race
  • An employee has suffered retaliation for taking action against a discriminatory employer
  • An employee has suffered wrongful termination motivated by racial discrimination

Racial Harassment at Work

Hiring practices, intentional discrimination, and unfair practices are not the only ways employers can discriminate. Harassment is also a huge issue with regards to racial discrimination. A hostile work environment based upon race can also be terms for a case against your employer.

Race harassment can involve inappropriate humor, intimidation and even physical violence. Oftentimes, incidents start out small and escalate when not addressed thoroughly and aggressively enough. Challenging racial harassment at your workplace can be tough, but an assertive stance must be taken by your employer to make sure this type of behavior is noy tolerated.

Any co-worker can be a source of race harassment, from upper management to lower-level employees. While management may not be participating in the harassment,  if they are aware that it is occurring and do nothing to stop it, they can be liable for the harassment. Employers are obligated to protect their employees from race harassment, so failing to do so can make them just as guilty as the person(s) carrying out the harassment.

The Next Steps

If you do have a race discrimination or harrassment case,, the next step involves submitting a claim to the Equal Employment Opportunity Commission. This step is necessary, but can be overwhelming. Our Florida Workplace Discrimination Attorneys at Whittel & Melton can help with the submission and much  more.

Our discrimination and harassment lawyers know the impact that race harassment/discrimination can have on your self worth as en employee, which can negatively impact your work performance. We have the resources needed to help you protect your rights and remedy your current situation.

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A Panama City Beach resort and restaurant group has been ordered to pay $60,000 in back wages and fines after federal investigators determined that they cheated their employees.

After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), By The Sea Resorts Inc. – based in Panama City Beach, Florida – will pay $38,513 in back wages to 78 guest workers for violating overtime requirements of the Fair Labor Standards Act (FLSA) and labor provisions of the H-2B visa program.

In total, $7,304 in back wages were found as a result of FLSA violations, while $31,209 in back wages were found for H-2B violations. By The Sea Resorts Inc. also paid a civil penalty of $12,695.

McDonald’s has been hit with another round of lawsuits from current and former employees who claim management brushed off or ignored their experiences of sexual misconduct at work.

The Time’s Up Legal Defense Fund, the Fight For $15 movement to raise minimum wages and the American Civil Liberties Union announced the charges Tuesday, shedding light on 23 new complaints against the fast food chain and two lawsuits stemming from previous allegations.

McDonald’s cooks and cashiers at both corporate and franchise locations say they reported instances of sexual harassment and assault to their supervisors, but were either ignored or mocked, according to the lawsuits.

A McDonald’s worker from Louisiana whose co-worker allegedly attempted to rape her in a bathroom stall, said “nothing has changed” since her colleagues first began speaking out about sexual harassment at McDonald’s three years ago.

The advocacy groups, joined by “Top Chef” host Padma Lakshmi, are expected to hold a press conference outside McDonald’s corporate headquarters in Chicago later Tuesday to support the workers and raise awareness of their fight.

In a letter addressed to Lakshmi on Sunday, McDonald’s stated it’s “committed to ensuring a harassment and bias-free workplace” and outlined recent efforts the company has taken to “create safe and respectful” workplaces, including a bolstered sexual harassment policy and a hotline for reporting complaints.

“In the next two months, McDonald’s and [the nonprofit Rape, Abuse & Incest National Network] will facilitate additional conversations with U.S. restaurant employees and other relevant external stakeholder groups to help inform and further strengthen our policy and trainings,” the company wrote in its letter to Lakshmi. “These conversations underscore our commitment to continuous improvement and being responsive to the changing needs of our business and employees — now and in the future.”

A spokeswoman for McDonald’s told HuffPost that the company did not plan to address the allegations publicly outside of its letter to Lakshmi. She noted that roughly 95 percent of U.S. McDonald’s locations are independently-owned franchises and do not fall under the corporate umbrella.

Of the 23 new complaints announced Tuesday, 20 of the charges were sent to the U.S. Equal Employment Opportunity Commission and the three others were filed as civil rights lawsuits, according to a spokeswoman for Fight For $15.

Some of the workers say they were as young as 16 or 17 years old when they were subjected to sexual misconduct at McDonald’s and that their complaints resulted in their hours being cut or termination, according to the lawsuits.

Dozens of sexual harassment charges have been filed against McDonald’s since 2016.

According to a recent EEOC report, nearly 40% of women have experienced sexual harassment in the workplace. If you’re being sexually harassed at work, there is no need to suffer in silence. Our Florida Sexual Harassment Attorneys at Whittel & Melton are here to help you understand the laws set in place that protect your rights. Federal, state and local laws protect all employees from unwelcome sexual advances, threats, demands and propositions.

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