What is Mediation?

Mediation is a process through which a dispute is settled through mutual agreement of both of the parties involved. The parties get together in the presence of a mediator, discuss the case, and through analysis come to an agreement regarding what the outcome of the dispute should be. Mediation through the Equal Employment Opportunity Commission, as in all mediation cases, must be a voluntary process for both parties.

How the EEOC Handles Mediation

The Equal Employment Opportunity Commission selects cases for mediation, and then proceeds with the mediation process through meetings at mutually agreed upon times and places. Many participants in the EEOC mediation process claim a successful outcome. If a mutual agreement is reached, then that agreement is legally binding.

A Simpler, More Straightforward Process

Mediation, put simply, cuts out the headaches and turmoil of litigation. It is often a shorter process, enabling both parties to put the pain of the discrimination claim behind them as soon as possible. In addition, mediation is often more satisfying to both parties. While attorneys should be present during the mediation process, mediation tends to be less of a burden for all involved than litigation.

Other Reasons to Mediate

One key advantage of mediation is privacy. Individuals are not forced to go through the very public nature of a day in court. Embarrassing events and details can be discussed at length, in private, with no fear of public consequences.

You Still Need an Attorney

Whether or not you choose to move forward with the mediation process, you should still have an attorney standing by your side through the process. As mentioned above, mediation is just as legally binding as a court case, and as such should be treated with the same gravity and respect.

For the best employment attorney help available, call the Law Offices of Valli, Kane & Vagnini. You need an expert team of attorneys with decades of experience in employment law to help ensure your mediation or litigation is completed successfully. Call now to discuss how Valli, Kane & Vagnini can help.

An Isolated Incident?

The accusations are clear, complete, and troubling. The sixteen Hispanic and African American employees claim use of the N-word on the job, other racially derogatory name calling, and preferential work assignments given to white employees while minority employees were forced to do dirty jobs. White workers were permitted overtime earnings, say the plaintiffs, while minorities did not receive the same opportunity. The plaintiffs claim that promotions were purposefully given to white workers in preference over minority workers. Equally troubling to some is that the charges were leveled not against one manufacturing plant, but two. This is not indicative of an isolated incident, but, according to the plaintiffs, a cancerous racial discrimination problem.

Coca-Cola’s Defense

Coca-Cola is firing back, claiming that many of the charges involve incidents that are years old, and resolved. In addition, the company claims several minority employees are defending the company as opposed to the workers who have brought the lawsuit. Coca-Cola further claims that no culture of racial or discriminatory practices exists at the two manufacturing plants in question, which are both based in New York. Finally, Coca-Cola claims diversity is a corporate value, an instilled passion of Coca-Cola associates around the world.

Past Litigation

Coca-Cola has lost racial discrimination cases before. Most notably, the company settled the largest discrimination case in American history in 2000. The accusations were similar: black employees claimed that Coca-Cola denied pay raises, promotions and positive evaluations based on race. The payout was nearly $200 million, a huge blow to a company that stands for American fun. At the time, the corporation avowed commitment to nurturing diversity in its workforce.

A Sound Case, or a Continuing Saga?

Is the latest chapter in Coca-Cola’s storied history of racial litigation a ruse on the part of over a dozen employees, or a legitimate claim against a company that never made good on its decade-ago commitment to ending illegal racial policies? Only the courts can decide.

Are You a Victim?

If you feel you’ve been victimized by discrimination, like the Coca-Cola employees discussed above, you need an attorney that knows racial discrimination law. Call the Law Offices of Valli, Kane & Vagnini now. Take action today to end racial discrimination in the workplace.

The four men, all identified in court papers as "Muslims of Arab descent," worked as managers at the Dallas/Fort Worth area locations. Hussein Chamseddine was employed by the franchise for 12 years, Rami Saleh and Brandon Adam each for five years, and Chekri Bakro for 24 years.

According to a complaint filed in a Texas district court, the men allege they were fired without cause.

"They weren't terminated because someone complained or because someone didn't like their attitude," said Sara Kane, a civil rights attorney representing the men. "They were fired because of who they are. That is the determining factor."

All four men were terminated between March and October of 2010. Together they filed a complaint with the U.S. Equal Employment Opportunity Commission, which found merit in the men's claim that they were harassed and terminated due to religion and national origins.

"The IHOP corporation has a four-step disciplinary procedure," Kane said. "The franchisee did not follow any of those steps."

Kane, along with attorney Jay Ellwanger, filed suit on behalf of the men Tuesday, against IHOP and Anthraper Investments, the firm that owns the four franchises involved in Plano, Fort Worth, Arlington and Burleston, Texas.
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The suit alleges that the men experienced harassment from Anthraper management, including derogatory comments made by the company's President and COO John Anthraper, Vice President Alex Anthraper, and Texas District Manager Larry Hawker.

In one instance, the complaint states the men were attending a managers' meeting in 2010, where Hawker said, "Arab men treat women poorly and with disrespect, we're going to let these people go and have new faces coming in."

Outraged by the company's actions, Kane said, "This is not a Muslim issue, this is a human issue."

"It is completely disheartening and disgraceful to know that this is still going on and should not be tolerated by anyone in our society," she said. "No one else should take this case lightly because if it can happen to them, it can happen to you."

Kane said that over the years, each of the four men earned positive reviews from supervisors and none had experienced any disciplinary complaints or actions.

The complaint also says that every year, as the anniversary of September 11 approached, the men received emails from supervisors asking them to "lay low" at their restaurants.

Representatives of Anthraper Investments did not return phone calls to ABC News for comment. A woman who answered the phone at the home of John Anthraper said he was out of the country.

The IHOP Corporation issued the following statement regarding the lawsuit:

"We believe the employment practices of our company and our independent franchisees are non-discriminatory and inclusive. We have a long history of supporting diversity in all aspects of our business. Our franchisee believes the allegations are without merit and looks forward to the fair conclusion of this matter."

As for the four plaintiffs, all of whom are U.S. citizens and residents of Texas, Kane said none has been able to secure employment since their termination.

"How do you work somewhere for 12 years and have no explanation or not being able to provide a reference from a previous employer?" Kane said.

All of the men are fathers, with children of varying ages. "This has devastated their families, and we hope whatever actions are being taken to prevent them from gaining employment elsewhere will cease."

Kane said her clients are seeking back wages and payment for emotional damages following their terminations.

For Original Article: Click Here

WFAA

Posted on April 17, 2012 at 10:02 PM

Lawyer James Vagnini told The Post that Joseph Huessin and the others also plan to sue IHOP franchisee Anthraper Investments. Anthraper and IHOP denied the charges.

The Equal Employment Opportunity Commission investigated and found there was cause to believe the IHOP managers were harassed, Vagnini said. The EEOC doesn’t comment on investigations.

Read more: http://www.nypost.com/p/news/business/at_ihop_it_flap_jack_l8S68T6BYpYKLadV8vAbnO#ixzz1sQYwhHg4

For original article Click Here

The managers worked at IHOP locations in Plano, Burleson, Fort Worth and Arlington — all owned by Anthraper Investments.

“It became very clear to them that they were no longer wanted,” explained attorney James Vagnini, who represents the men in their lawsuit. “One by one, over the course of about four to five months, each of them was fired.”

According to the lawsuit, the managers had “performed their jobs without incident” for anywhere between seven to 14 years, enduring harassment about of their religion. “On 9/11, they would get an email from the owner of Anthraper Investments saying, ‘Lay low, it’s 9/11.’ Comments referring to Arabs as dogs. That Arab men don’t treat women fairly,” said Vagnini.

The lawsuit claims that the situation got worse in 2010. During a meeting, a new district manager allegedly said, “We’re going to let these people go and have new faces coming in.” By the end of the year, all four Muslim managers were fired. According to the lawsuit, each manager was being fired for a performance issue.

“They’ve been humiliated beyond anything,” said Vagnini. “I’ve seen 40- and 50-year-old-men break down and cry talking about how they have to explain to their kids in college that they can’t afford the next semester because they don’t have the job they had.”

The plaintiffs filed a complaint with the Equal Employment Opportunity Commission, and an investigation completed in January found “reasonable cause to believe that… Arabs were discriminatorily harassed and discharged based on… national origin.” Now, attorneys are suing, hoping that the company will change its ways.

A spokesperson for IHOP said, “We have a long history of supporting diversity in all aspects of our business. Our franchisee believes the allegations are without merit and looks forward to the fair conclusion of this matter.”

For Original Article Click Here

A group of Nassau County civil rights activists on Friday welcomed the filing of murder charges against the alleged killer of Trayvon Martin in Florida, while lamenting what they called a rise in hate crimes on Long Island and nationwide.

"We're pleased Mr. [George] Zimmerman has been arrested, and we expect the legal system will do its job," said Garden City civil rights attorney James Vagnini. "But there has been a rise in racially motivated incidents in this country."

Vagnini, along with NAACP officials and a former regional director of the state division of Human Rights, held a news conference at the Coral House in Baldwin two days after Zimmerman was charged with second degree murder for the shooting death of Trayvon Martin, 17, on Feb. 26 in Sanford, Fla.

Prosecutors say Zimmerman, a neighborhood watch volunteer, followed and confronted the black teenager after police dispatchers told him to back off. Zimmerman says Martin attacked him after he had turned away and was returning to his vehicle.

Leah Jefferson, of Patchogue, the former state official who now works in women's health care, said she had seen a rise in complaints of job and housing discrimination on Long Island shortly before she left job five years ago. "It doesn't seem that anything has changed," she said, referring to the Martin shooting.

Freeport-Roosevelt NAACP President Douglas Mayers said swastikas and nooses symbolizing the lynching of black men are still being found around Long Island. "There were recently reports of a swastika in , and I'm hearing about nooses all over the place," he said.

Last summer in West Hempstead, a building door frame on Westminster Road was marked with profanity and a swastika symbol.

He said blacks still seem to bear the brunt of such discriminatory action.

Vagnini said the death of Martin, who was unarmed, will be remembered for "sparking a new discussion on race in America."

" Sara Kane is a compassionate individual and my experience with her and her associates was very gratifying. Most importantly, they took time to listen to me and then they went to bat for me and provided me with a fabulous outcome. I will be forever grateful. This firm is the one you should choose."

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