Articles Posted in Discrimination Lawyer

A $7.5 million class action settlement between Wal-Mart and a former employee who challenged the retail chain’s lack of health insurance benefits for her same-sex spouse was approved by a federal judge on Monday.

The settlement will pay for claims by current and former Wal-Mart associates in the U.S. and Puerto Rico that they were unable to obtain health insurance for their same-sex spouses from 2011 to 2013. About 380 claims have been submitted.

U.S. District Judge William Young approved the settlement after a brief hearing in federal court in Boston.

The lawsuit was filed in 2015 by a Wal-Mart associate from Massachusetts who said the company denied medical insurance for her wife. Bentonville, Arkansas-based Wal-Mart Stores Inc. began offering benefits for same-sex spouses in 2014.

The female associate, whose wife died of ovarian cancer in 2016, said she was pleased Walmart was willing to resolve the issue for her and other associates who are married to someone of the same sex.

Under Title VII of the Civil Rights Act of 1964, it is illegal for an employer to discriminate against an employee on the basis of race, age, sex, religion, and/or national origin. For this specific case, attorneys argued that Wal-Mart violated Title VII when they refused to offer spousal health benefits because the associate and her spouse were of the same sex.  

Our Florida Discrimination Lawyers at Whittel & Melton are strong advocates for LGBT employees. We firmly believe that all employees should be treated fairly in the workplace. We are committed to making sure justice is obtained when any employee’s rights are violated.

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Boeing and Airbus Group tooling supplier Electroimpact have been fined $485,000 after an investigation yielded it had a discriminatory hiring policy.

Boeing and Airbus use Electroimpact robotic machines throughout their jetliner factories, including to help make wings for their top-selling 737 and A320 single-aisle aircraft.

An investigation found evidence that Electroimpact and its founder refused to hire Muslim applicants and “engaged in religious and/or national origin harassment.”

Electroimpact founder Peter Zieve had the primary responsibility for screening applicants and conducting final interviews, according to reports.

About 95% of Electroimpact’s 474 engineers are white, the statement said, citing a report to the U.S. Department of Labor.

Electroimpact said that it did not conform to the personal views of its founder and that Zieve was no longer involved in the company’s hiring process.

Boeing plans to use Electroimpact machines to help make wings for its forthcoming twin-aisle 777X aircraft.

Other Electroimpact equipment is also used in construction and assembly of Boeing’s 787 Dreamliner carbon fiber composite fuselage sections.

Airbus in a statement noted the diversity of its team around the world and said it values the benefits that different cultures bring.

Despite federal and state laws put in place against discrimination based on religion or national origin, it still happens everyday in workplaces across the United States. The law makes it crystal clear that there is no legitimate excuse for discriminating based on religion or national origin. Our Florida Discrimination Lawyers at Whittel & Meton proudly help victims of someone else’s biases and prejudices in the workplace. If you are involved in such a situation, we can help you bring a claim against your employer to pursue financial compensation.

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According to a new study, men have been as likely to move into predominantly female jobs as the other way around over the last 15 years, but not all men.

It is the men who are already disadvantaged in the labor market: black, Hispanic, less educated, poor and immigrant men.

While work done by women continues to be valued less, the study demonstrates, job opportunities divide not just along gender lines but also by race and class.

At the same time, the women who have continued to delve into more prestigious male-dominated professions in that period are likely to be white, educated, native-born and married, according to the research, which has not been published yet.

The gender composition of jobs matters for reasons of equality — fields with a majority of men pay 21 percent more than those with mostly women. Also, the fastest-growing jobs are dominated by women, while the fastest-shrinking ones are predominantly male.

The jobs that have become more female are generally professional or managerial ones, according to the study.

More Female

Natural sciences managers

Veterinarians

Optometrists

Ushers and ticket takers

Brokerage clerks

Agricultural inspectors

Print binding and finishing workers

Dentists

Animal trainers

Agricultural and food scientists

Less Female

Computer operators

Counter and rental clerks

Radiation therapists

Inspectors and testers

New account clerks

Models and product promoters

Engine and machine assemblers

Electrical assemblers

Biological technicians

Furnace operators

Sex or gender discrimination in the workplace involves treating someone poorly because of their sex, whether they are applying for a job or are a current employee. While women can perform the same duties as men with the same skill and success, the issue of sex discrimination is still present in many workplaces and can hold women back. This is not to say that men cannot be discriminated against – in the past this has been predominantly an issue with women, but as times change and new studies like this one come out, it is clear that gender discrimination can equally be directed towards men.

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Almost 250 women and men are making sexual harassment claims against one of the nation’s largest jewelry companies, Sterling Jewelers, which operates under the name of Kay Jewelers and Jared the Galleria of Jewelry.

Claims of demeaning women and encouraging sexual discrimination are sweeping headlines.

Among the declarations, there are reports of a rape, male managers cavorting in a swimming pool with topless female employees at a mandatory manager’s conference and a witness who tells of a male manager suggesting that a female co-worker swipe a credit card between her breasts.

The declarations portray Sterling Jewelers as fostering a workplace where senior men treated young saleswomen as sexual objects, including groping, demeaning and demanding sex in return for better jobs and job security.

These declarations are part of a private class-action arbitration case first filed in 2008. It alleged female employees at the conglomerate were routinely sexually harassed, paid less and passed over for promotion at Sterling, which operates close to 1,500 stores in the United States.

There are statements that have come to light that describe top male managers at the company sending “scouting” parties to stores to find female staffers to target for sex.

The managers so frequently demanded sex from female workers in exchange for better positions within the company that there was an internal phrase for it called “going to the big stage.”

The class-action case includes 69,000 current and former females employees of Sterling.

Requests for sexual favors and physical conduct of a sexual nature are all forms of sexual harassment. If you are being harassed by being asked or told to perform sexual favors, call our Florida Sexual Harassment Lawyers at Whittel & Melton at 866-608-5529 to discuss your case. Your consultation is always free and everything discussed is kept fully confidential.

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The U.S. Equal Employment Opportunity Commission (EEOC) has filed a discrimination lawsuit against Pioneer Health Services Inc., a healthcare company in rural Georgia, alleging it unlawfully discriminated against an employee due to her disability.

A social worker and therapist for Pioneer Health Services became ill in July 2012 and was hospitalized as a result of liver failure. She took medical leave from the company during this time. After her procedure, she was slated to return to work, however, she had postoperative complications. According to the EEOC, the woman asked Pioneer Health for an additional four weeks of leave. The company allegedly denied her request and fired her.

The EEOC district direct issued the following statement:

The ADA and Family and Medical Leave Act operate independently of each other. Where an employee has exhausted her FMLA leave and she requests additional leave, the employer must engage in the interactive process to determine whether additional leave under the ADA is warranted.

The EEOC seeks monetary damages, compensatory and punitive damages, and injunctive relief.

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A Philadelphia man is suing his former employer, Hampton Inn – Pine Grove, alleging discrimination, retaliation, unpaid wages, violation of Workers’ Compensation acts and wrongful termination.

The man filed a complaint on Jan. 30 alleging that the employer discharged him from employment for raising a concern about a company policy.

According to the complaint, the man suffered damages from being required to report to work earlier than his scheduled shift without being paid for those hours. He holds his former employer responsible because they retaliated against him by terminating his employment.

Florida is an at-will employment state, which means employers can fire workers for any reason except those that are based on discrimination or in violation of an employment contract. Just because Florida is an at-will employment state does not mean workers do not have rights. In fact, if you were fired for unlawful or illegal reasons, you may be able to take action against your employer.

Our Florida Wrongful Termination Lawyers at Whittel & Melton can start helping you right away. We can review your claim and determine if your employer violated your rights in any way. If you were wrongfully terminated, we will make it our mission to hold your employer accountable.

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A top engineering executive at Uber is gone just five weeks after his hire was announced. According to a report, the man failed to disclose that he’d left his previous job at Google because of a sexual harassment allegation.

The man denied the allegation and said he left Google a year ago for his own reasons.

This is just the latest turmoil at Uber. Last week, Uber found itself wrapped up in an unrelated sexual harassment catastrophe that stemmed from a detailed essay published by a former female Uber engineer, who charged that her prospects at the company evaporated after she complained about sexual advances from her boss. In the post about her year at Uber, the woman said that the company’s human resources department ignored her complaints because her boss was a high performer.

Uber CEO Travis Kalanick has called for an independent investigation of those issues, and the company has hired former Attorney General Eric Holder to help.

The hashtag #DeleteUber is making a comeback with this news.

Sexual harassment is something that no employee should ever have to tolerate at their place of work. When harassment happens on the job, it results in a hostile work environment. When someone must perform job duties in a hostile workplace, they may suffer from mental anguish and/or not be able to complete their work tasks. If their productivity drops, they could lose their job.

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A nurse has filed a $6.5 million lawsuit against St. Petersburg General Hospital and parent company HCA Holdings for allegedly using a positive drug test as the reason for terminating her when she says the move was really in retaliation for filing a discrimination complaint.

The nurse was one of four African-American nurses employed at St. Petersburg General, which is owned by HCA. She was the only African-American charge nurse and filed a race discrimination complaint with the Equal Employment Opportunity Commission in 2013.

However, when she slipped on a wet floor at that hospital, she had to submit to a urine drug screen. On May 23, 2014, she was told by the hospital that her drug test was positive and she was immediately suspended and then fired later that day.

Once notified of the test result, she obtained proof from her pharmacy that she possessed a prescription for the medication. Regardless, she was terminated.

The woman’s lawsuit, filed in federal court in the Middle District of Florida, comes after the EEOC issued her a “right to sue” letter on Nov. 3, 2016, after she made a new complaint for retaliation for her termination.

Florida state and federal laws protect workers against racial discrimination in the workplace. People of every national origin are legally entitled to work in an environment where they are treated equally. Employers have a duty to uphold policies that prevent racial discrimination in any form.

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A Broward County man alleges a Plantation restaurant only paid his regular wage rate for overtime hours and that he was retaliated against for complaining about the pay practices.

The man filed a complaint on behalf of himself and other similarly situated individuals on Jan. 4 in the U.S. District Court for the Southern District of Florida.

According to the complaint, the man claims that on Nov. 10, 2016, his work hours were reduced and he was subsequently terminated by the company in retaliation for his demand to be adequately paid overtime wages for hours worked in excess of 40. The man holds the company accountable because they allegedly failed to pay plaintiff for overtime compensation at the correct rate and failed to maintain proper time records of all hours worked.

He is seeking actual damages for unpaid overtime wages, interest, double/liquidated damages, attorneys’ fees, costs of suit, and further relief as the court deems just.

If you have recently been fired and believe that you have grounds for a wrongful termination lawsuit, our Florida Wrongful Termination Lawyers at Whittel & Melton can help. We are committed to getting justice for our clients, which is why we will launch an immediate investigation into your claims to determine if you have a valid claim. We know how unfair it can be to lose your job due to retaliation or discrimination, which is why we will fight for your rights and make sure we do everything in our power to help you achieve a successful outcome for the injustice you have suffered.

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A Clermont resident formerly employed as a server at Outback Steakhouse alleges he was not paid minimum wage.

The man filed a complaint on Jan. 12 in the 5th Judicial Circuit of Florida – Lake County against OS Restaurant Services LLC, doing business as Outback Steakhouse, alleging violation of the Florida Minimum Wage Act.

According to the complaint, the man says that he suffered damages from being paid wages at the rate less than the minimum wage. He holds the restaurant responsible because they allegedly failed to pay him the proper minimum wage and instead improperly used a tip credit.

The man requests a trial by jury and seeks liquidated damages, all unpaid wages, interest, all legal fees and any other relief as this court deems just.

In the state of Florida, the tip credit is $3.02 an hour, which means Florida employers may pay tipped employees as little as $5.08 an hour. However, if this lower minimum wage plus the tips the employee earns does not add up to at least the full state minimum wage, the employer must make up the difference. The minimum wage in Florida is $8.10 per hour.

Wage and hour cases can be complex, which is why our Florida Minimum Wage Violations Lawyers at Whittel & Melton urge you to speak with us right away if you think you have a case. If you are being cheated out of minimum wage, let us help you. Call us immediately at 866-608-5529 to understand your legal rights because you have limited amount of time to take action, and if you wait too long, you may lose your right to file a lawsuit.

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