Articles Posted in Discrimination Lawyer

A former employee is suing BioPlus Specialty Pharmacy Services Inc. for alleged breach of contract, gender discrimination, hostile work environment and retaliation.

The woman filed a complaint on July 21 in the Orange Circuit Court against Bioplus Specialty Pharmacy Services Inc., alleging that the company breached its duty of good faith and fair dealing.

According to the complaint, the woman alleges that she suffered damages on April 18, 2016 due to the company’s alleged unlawful employment practices and discrimination because of her gender, including allegedly reducing in her compensation by half, which forced her to resign.

She holds the company responsible for allegedly creating intolerable working conditions for her, and for allegedly interfering with her contractual rights to enjoy the same benefits and privileges as other employees.

Gender discrimination in the workplace entails failing to hire someone or firing someone because of their sex or gender. It can also include failing to promote worthy candidates, paying less salary to a worker of one sex or one gender identification than another, creating a hostile work environment, and any other acts of unlawful discrimination. If you have experienced any of the above scenarios or have been treated unfairly at work, you may be the victim of discrimination.

Our Florida Discrimination Lawyers at Whittel & Melton have proven experience protecting the rights of all workers in our state. We represent residents in Miami, Orlando, Tampa, St. Petersburg, Clearwater, Ocala, Gainesville, Jacksonville, and everywhere in between. We understand what acts constitute gender discrimination and what rights and remedies are allotted to employees. We work tirelessly to help workers recover financial damages for their suffering.

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A former employee is suing Fields Motorcars of Florida Inc. for alleged age discrimination and wrongful termination.

The man filed a complaint on June 27 in the Orange County Circuit Court, alleging that Fields Motorcars of Florida Inc. breached its duty of good faith and fair dealing.

According to the complaint, the man alleges that he suffered economic damages on Jan. 26, 2016 as a result of being terminated from his employment. He was allegedly fired due to a single complaint from a customer about his driving.

The man holds Fields Motorcars of Florida Inc. responsible for allegedly acting with malice and reckless disregard for his protected rights, and for allegedly terminated him in bad faith without reasonable grounds.

State and federal laws are set in place to prevent employers from discriminating against individuals or treating them unfairly in the workplace based on factors such as age, gender, race, national origin, and religion. Florida law is quite clear: mistreating workers is unfair and any type of discrimination is illegal. Employers who mistreat their workers can be subjected to various civil and sometimes even criminal punishments.

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A Pinellas County woman alleges that she suffered discrimination and harassment because of her gender while working for her former employer.

According to the woman’s complaint, she alleges she was employed as a buyer and produce manager from January 2014 until her forced resignation/constructive discharge on Jan. 7, 2016. She alleges that a co-worker attempt to grope her on Jan. 7, 2016, and that the co-worker was not reprimanded or investigated.

She is seeking reinstatement, unpaid wages, compensatory and punitive damages, attorney’s fees and costs of this action.

While some people claim to be “huggers” or “touchy-feely,” please understand that no one has a right to hug or touch you if you are not OK with it. Unwelcome touching of a sexual nature is classified as sexual harassment under the law.

If you have been subjected to inappropriate touching in the workplace, our Pinellas County Sexual Harassment Lawyers at Whittel & Melton can help you take action to make it stop and hold the responsible party accountable. We will help you assert your right and seek financial damages for the personal trauma as well as financial impact the sexual harassment endured has placed on you.

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A jury has awarded $4.5 million to a former employee who sued an Iowa hospital for age bias and retaliation.

The jury’s July 24 decision came after a 10-day trial of Grinnell Regional Medical Center and two administrators. The lawsuit states that the hospital fired the man in June 2015 from his post as lab director while in remission from breast cancer and hired a younger replacement.

It is believed that the man was targeted because he’d declined an order to retire following his initial diagnosis in November 2013.

The hospital’s attorneys deny the firing and subsequent hiring of a new director had anything to do with the man’s age or cancer diagnosis. A hospital spokeswoman says the hospital intends to appeal.

Discrimination in the workplace is not only unfair, but also illegal. There are several different federal laws that offer protection from discrimination based on disability, race, color, religion, sex, or national origin. Age discrimination has its own unique set of laws called the Age Discrimination in Employment Act (ADEA). Job applicants and employees who are over the age of 40 are usually covered by the ADEA.

Under the ADEA, it is unlawful to discriminate against a person over 40 because of their age when it comes to:  

  • hiring
  • firing
  • promotion
  • layoff
  • compensation
  • benefits
  • job assignments
  • training

Moreover, employees who speak out against age discrimination have legal protection from retaliation.

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A judge has ordered Google to hand over salary records to the government in an ongoing investigation by the US Department of Labor (DoL), which has accused Google of discriminating against women.

Google must provide the federal government with a 2014 snapshot of the data, along with contact information for thousands of employees for possible interviews, according to a ruling made public on Sunday.

Judge Steve Berlin also denied part of the government’s request for records and partially sided with Google, which had argued the department’s demands were overly broad and could violate employee privacy.

The limited records Google must release could help the DoL build a formal pay discrimination case against the company. The department argued that additional records would help explain the “extreme” gender pay gap it uncovered in an initial audit.

The DoL first publicly accused Google of “systemic compensation disparities” in April, testifying in a hearing that its preliminary investigation found that women across a wide range of positions at the Mountain View campus were paid less than men.

Google has vehemently denied that it discriminates against women, publicly claiming it has closed its gender pay gap globally. In a Sunday blog post, Google said it was “pleased” with the decision and would comply with the order, providing the “much more limited data set of information”.

discrimination and sexism in recent months, including Tesla, Palantir, Oracle and smaller startups across Silicon Valley.

Employment law covers many aspects of an employee’s relationship with an employer. Employment laws exist to protect employees from being discriminated against or harassed in the workplace. Our Florida Employment Lawyers at Whittel & Melton can help you determine if you have a legal claim against your employer and walk you through the proper steps to take.

Every employment law case is different and involves a unique set of facts. The laws are complicated, requiring a careful in-depth review to determine if you have a valid claim.

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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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