As evidenced in a transgender discrimination case, the EEOC will not hesitate to pursue claims against employers for gender identity discrimination.
The EEOC settled a case on behalf of a transgender individual (the first of its kind) after following a landmark EEOC determination in 2012 that found that discrimination based on gender identity, change of sex, sex stereotyping or transgender status is a form of sex discrimination under Title VII. Read the determination here.
Based on this determination, the EEOC plans to focus on new emerging protected classes and the application of sex discrimination provisions for lesbians, gays, transgenders, and bisexual individuals. However, while gender identity and sexual orientation discrimination are not protected classes under federal law at the moment, there are many states that protect these classes from discrimination. But based on this milestone settlement, it's not hard to see that this class may be protected under federal law in the future.
If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.
Monday, September 30, 2013
Wednesday, September 25, 2013
EEOC Sues Mattress Firm for Age Discrimination
The EEOC has announced today that it has filed suit based age discrimination against Mattress Firm on behalf of a group of older workers in the Las Vegas area.
Store managers and employees over the age of 40 were forced out and treated less favorably than newly hired younger employees. These older employees were held to higher work standards, demoted to work under less experienced and younger staff, denied promotions, denied training, and had their commissions diluted. Many of these older workers felt compelled to quit, and those who stayed were forced out.
The EEOC first tried to resolve the matter through the pre-litigation process of conciliation. However, the EEOC was forced to file suit. In the suit, the EEOC seeks back pay and liquidated damages, as well as injunctive relieft to prevent further age discrimination within the company.
If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.
Store managers and employees over the age of 40 were forced out and treated less favorably than newly hired younger employees. These older employees were held to higher work standards, demoted to work under less experienced and younger staff, denied promotions, denied training, and had their commissions diluted. Many of these older workers felt compelled to quit, and those who stayed were forced out.
The EEOC first tried to resolve the matter through the pre-litigation process of conciliation. However, the EEOC was forced to file suit. In the suit, the EEOC seeks back pay and liquidated damages, as well as injunctive relieft to prevent further age discrimination within the company.
If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.
Monday, September 23, 2013
Facebook "Like" Status and Your Job
This week, the Fourth Circuit Court of Appeals held that "liking" a status on Facebook is Constitutionally protected free speech. This decision came after a sheriff fired six employees who supported another candidate for sheriff by "liking" his Facebook post. The Court found that "liking" the candidate was the equivalent of showing political support by putting a sign on their lawn, and therefore is Constitutionally protected.
If you are the victim of discrimination or have been wrongfully terminated, contact Ambuter Law for your free case evaluation.
If you are the victim of discrimination or have been wrongfully terminated, contact Ambuter Law for your free case evaluation.
Tuesday, September 17, 2013
Does Lady Gaga Owe Unpaid Wages?
Lady Gaga's former assistant, Jennifer O'Neill, has filed suit against Lady Gaga for unpaid wages. O'Neil alleges that she is owed 7,168 hours of unpaid overtime pay, amounting to $393,000.00 based on her annual salary of $75,000.00.
In response to the allegation, Lady Gaga has filed a 200 page witness statement, where she called her former assistant "a disgusting human being," and states that she does not believe her former assistant is owed any money.
In a legal document, Lady Gaga stated "[O'Neill] thinks she’s just like the Queen of the Universe. And, you know what? She didn’t want to be slave to one, because in my work and what I do, I’m the Queen of the Universe every day."
O'Neil claims that she had to virtually work 24 hours a day, 7 days a week, and that she never got a day off. According to Gaga, that is not her problem “You know, I did six shows a week and I make a lot of money. I work. I work 24 hours a day. I’m not [the one] standing next to [someone] holding tea, waiting for them to take a sip, that is not what I do. Not that people that do that don’t deserve their pay, but I’m just pointing out that I deserve everything that I’ve worked for. I deserve every dollar of it. And she deserves every one of her $75,000 that we agreed to. But she does not deserve a penny more."
You can read the case here.
If you believe that you are owed unpaid wages, contact Ambuter Law for your free case evaluation.
In response to the allegation, Lady Gaga has filed a 200 page witness statement, where she called her former assistant "a disgusting human being," and states that she does not believe her former assistant is owed any money.
In a legal document, Lady Gaga stated "[O'Neill] thinks she’s just like the Queen of the Universe. And, you know what? She didn’t want to be slave to one, because in my work and what I do, I’m the Queen of the Universe every day."
O'Neil claims that she had to virtually work 24 hours a day, 7 days a week, and that she never got a day off. According to Gaga, that is not her problem “You know, I did six shows a week and I make a lot of money. I work. I work 24 hours a day. I’m not [the one] standing next to [someone] holding tea, waiting for them to take a sip, that is not what I do. Not that people that do that don’t deserve their pay, but I’m just pointing out that I deserve everything that I’ve worked for. I deserve every dollar of it. And she deserves every one of her $75,000 that we agreed to. But she does not deserve a penny more."
You can read the case here.
If you believe that you are owed unpaid wages, contact Ambuter Law for your free case evaluation.
Monday, September 16, 2013
Do I qualify for Unemployment?
In order to receive unemployment compensation in Florida, you must meet the eligibility requirements. In order to be eligible, you must meet the requirements below.
During the base period, your work history and earnings must meet all of the below requirements:
- Your past earnings must meet the required minimum thresholds;
- You must be unemployed through no fault of your own under Florida law; and
- You must be able, available, and actively seeking employment.
During the base period, your work history and earnings must meet all of the below requirements:
- You must have earned wages in at least two of the four calendar quarters that make up the base period;
- Your earnings in during the entire base period must be at least one and a half times your wages in the highest paid quarter of the base period; and
- You must have earned at least $3400 during the entire base period.
Wednesday, September 11, 2013
Fired for Headscarf
A Hollister sales associate was fired for refusing to remove her headscarf while working in the stock room. The 19 year old sales associate stated that she wore the headscarf for religious reasons, and refused to remove it. Two weeks after refusing to remove her headscarf, the associate was fired for violating the company's "look policy" which bans headwear.
A federal judge ordered Abercrombie & Fitch, Hollister's parent company, to pay the former associate damages for violating discrimination laws.
When the sales associate was terminated in 2010, she filed a complaint with the Equal Employment Opportunity Commission (EEOC). At the time she had filed her complaint, the EEOC was investigating two similar claims against Abercrombie & Fitch. Both claims involved women stating that Abercrombie & Fitch would not hire them because they wore hijabs.
According to court records, Abercrombie & Fitch rejected a deal made by the EEOC that stated that all employees should be able to wear headscarves. Abercrombie & Fitch supposedly rejected the deal, stating that store associates “reinforce the aspirational lifestyles represented by the brands,” and that they are “a central element in creating the atmosphere of the stores.” Abercrombie & Fitch also argued to the court that store associates should be classified as “living advertisements” and that their appearance is protected by commercial speech.
However, the federal judge presiding over the case could not find that letting associates wear hijabs hurt sales. Damages paid to the victims will be determined at a future date.
If you are the victim of employment discrimination, please contact Ambuter Law for your free case evaluation.
A federal judge ordered Abercrombie & Fitch, Hollister's parent company, to pay the former associate damages for violating discrimination laws.
When the sales associate was terminated in 2010, she filed a complaint with the Equal Employment Opportunity Commission (EEOC). At the time she had filed her complaint, the EEOC was investigating two similar claims against Abercrombie & Fitch. Both claims involved women stating that Abercrombie & Fitch would not hire them because they wore hijabs.
According to court records, Abercrombie & Fitch rejected a deal made by the EEOC that stated that all employees should be able to wear headscarves. Abercrombie & Fitch supposedly rejected the deal, stating that store associates “reinforce the aspirational lifestyles represented by the brands,” and that they are “a central element in creating the atmosphere of the stores.” Abercrombie & Fitch also argued to the court that store associates should be classified as “living advertisements” and that their appearance is protected by commercial speech.
However, the federal judge presiding over the case could not find that letting associates wear hijabs hurt sales. Damages paid to the victims will be determined at a future date.
If you are the victim of employment discrimination, please contact Ambuter Law for your free case evaluation.
Friday, September 6, 2013
Negative Job Outlook for Disabled Workers
In a U.S. News & World Report article released today, an August report showed a negative outlook for disabled workers looking for work. The report showed that fewer disabled workers are employed and participating in the workforce and that more are looking for work.
The August report also showed that despite small improvements in the job market, working age people with disabilities who are employed had continued to decrease, which was not the case for those without disabilities; those without disabilities showed a slightly more positive employment outlook.
As stated by Andrew Houtenville, an associate professor of economics at the University of New Hampshire's Institute on Disability, "It looks like people with disabilities participated in the Great Recession – they lost jobs, they exited the labor force – but they're slower to recover. This is a trend that we may see continue and I think the fear of everyone involved in employment policy ... would be that people with disabilities don't recover from the recession."
Despite the negative trends, the Kessler Foundation CEO has stated that some Fortune 500 companies are implementing programs to hire those with disabilities.
To read the full article, click here.
If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.
The August report also showed that despite small improvements in the job market, working age people with disabilities who are employed had continued to decrease, which was not the case for those without disabilities; those without disabilities showed a slightly more positive employment outlook.
As stated by Andrew Houtenville, an associate professor of economics at the University of New Hampshire's Institute on Disability, "It looks like people with disabilities participated in the Great Recession – they lost jobs, they exited the labor force – but they're slower to recover. This is a trend that we may see continue and I think the fear of everyone involved in employment policy ... would be that people with disabilities don't recover from the recession."
Despite the negative trends, the Kessler Foundation CEO has stated that some Fortune 500 companies are implementing programs to hire those with disabilities.
To read the full article, click here.
If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.
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