{Read in 7 minutes} At the end of November, we filed a lawsuit entitled Mathis v Educare Community Living Corp, et al. Educare is a large community living corporation that does business in the United States. It’s a division of the ResCare Corporation, which provides all kinds of home health-aide services.Continue reading
{Read in 3:30 minutes} In my last article, I discussed a pattern of discrimination in terms of the disparate impact on African Americans. But what does “disparate impact” mean? In 1971 the Supreme Court adopted the position of the Equal Employment Opportunity Commission (“EEOC”). In Griggs v. Duke Power Co. (1971), the Court invalidated an employer’s requirement that applicants have a high school diploma and/or pass aptitude tests for hire and transfer into more desirable departments where prior to the enactment of Title VII the company had restricted blacks to labor positions. Specifically, the Court stated:
The Act proscribes not only overt discrimination, but also practices that are fair in form but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude [blacks] cannot be shown to be related to job performance, the practice is prohibited . . . Congress directed the thrust of the Act to the consequences of employment practices, not simply the motivation.Continue reading
We are pleased to announce that Sara Wyn Kane, a partner at Valli Kane & Vagnini LLP has been selected for the 2018 New York Metro Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in the State of New York.
Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of lawyers who have attained a high degree of peer recognition and professional achievement. To ensure a credible and relevant annual list, attorneys are selected from more than 70 practice areas and all firm sizes.
The annual selections are made using a patented multi-phase process that includes:
The objective of Super Lawyers is to create a credible, comprehensive, and diverse listing of exceptional attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel.
The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers. The local publishing schedule is:
Please join us in congratulating Sara Wyn Kane on their selection. For more information go to SuperLawyers.com.
A racial discrimination lawsuit brought by six workers on a North Dakota job site is set for trial in late 2019. Continue reading
Law360, Los Angeles (July 12, 2016, 4:56 PM EDT) — Valeant-owned Medicis Pharmaceutical Corp. will pay $7.2 million to settle a class action alleging gender discrimination and other claims brought by female sales representatives of the medical cosmetics company, according to a final settlement order signed by a D.C. federal judge Monday. Continue reading
A stuffed monkey hanging from the ceiling in the shipping department at Univar USA’s Dallas distribution chemical facility is part of the evidence two Dallas men are providing in their lawsuit alleging racial harassment by some co-workers.
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The Equal Employment Opportunity Commission (EEOC) has recently clarified its regulations regarding how employers use criminal background checks when making the decision whether or not to hire an individual. The EEOC’s decision to clarify those regulations apparently came about as a result of the organization’s long standing concern that criminal history and race are too often associated when employers make hiring decisions. While the EEOC issued a clarification, not a game-changing reinterpretation, it is important for employers and employees to understand these regulations.
Criminal History Should Not Affect Employment
In broad strokes, the EEOC suggests that criminal history should not be a factor in a hiring decision. However, the organization recognized that, in some cases, criminal history is a required factor of consideration in some segments of the American workplace. As such, the Equal Employment Opportunity Commission has set up a series of best practices designed to prevent or alleviate how an individual’s criminal history may affect a hiring decision.
Background Checks are Not Forbidden
According to Title VII, criminal background checks are not forbidden. In fact, it would be legally impossible to eliminate criminal history as a consideration for hiring in every job in the US economy. For instance, sex offenders must be legally screened from working as teachers in public schools, Banks might require that fraud and larceny not be a part of an employee’s recent past.
Criminal History as a Factor in the Hiring Decision
However, the EEOC’s intent in this clarification appears to be a desire to minimize the importance of criminal history in hiring decisions. But what was the driving factor behind this clarification policy, and how does it relate to Title VII, which says nothing about discriminating against employees on the basis of criminal record? The driving force, according to the Equal Employment Opportunity Commission, was race.
Criminal History and Race Discrimination
Title VII regulations’ prohibition against race discrimination may be, according to the EEOC, inexorably linked. The organization posits that criminal history may be used as a protective shield by companies so that they might discriminate racially, especially against African American and Hispanic individuals. If a company amplifies the negative impact of an individual’s criminal background as a smokescreen for racial discrimination, then Title VII regulations have been violated.
If you feel you were turned down for a job due to racial discrimination and inappropriate factoring of your criminal background, you need to speak to a lawyer. Call the law offices of Valli, Kane & Vagnini to find out how we can help.
The Civil Rights Act of 1964 changed the landscape of human rights across the country. Title VII is the most hotly debated portion of that law in that it forbids discrimination based on five key metrics: race, color, religion, sex and national origin. In spite of the law’s nearly fifty years as a part of United States Code, it still requires active, repeated interpretation to ensure proper enforcement. The Equal Employment Opportunity Commission is responsible for making sure that act is enforced. Since Title VII’s inception, the EEOC has never ruled that transgender individuals are covered under the sexual discrimination cause of that Act—until April 2012.
Past EEOC Rulings Regarding Transgender Sexual Discrimination
Has discrimination on the basis of gender alignment always been a Title VII issue? Historically, it has not. In the past, when complaints were filed with the EEOC regarding discrimination against gay, lesbian, bisexual or transgender individuals, the complaint was handled as discrimination on the basis of sexual orientation. On three past occasions ranging from 1984 to 1986, the EEOC ruled that transgender discrimination did not constitute a Title VII claim. In April 2012, as the EEOC reviewed a complaint by Mia Macy against the Bureau of Alcohol, Tobacco, Firearms and Explosives, the EEOC ruled differently. As a result, transgender complaints are now considered under the purview of Title VII.
What is Gender Discrimination?
Gender discrimination under Title VII occurs when employment opportunities are denied or the terms and conditions of one’s employment are altered due to an individual’s gender. The interpretation of the law, previous to 2012, has excluded transgender individuals. The new interpretation of the law is important to the transgender community and for Title VII law. As an interpretation of an existing law, it may fundamentally modify the legal system’s understanding of gender.
When is Gender Discrimination Appropriate Under the Law?
Are there situations where gender discrimination is deemed legally appropriate? Yes, there are. Gender preferences are permissible when an employer takes an affirmative action hiring policy to rectify past discrimination. In addition, there are narrow cases where gender discrimination is inherent to the working conditions, i.e. male or female modeling, etc.
A Time of Change in Transgender Rights
With this important EEOC ruling regarding transgender discrimination under Title VII, the American legal understanding of transgender rights is in flux. If you would like to find out more about the rights and actions surrounding an act of transgender discrimination, contact Valli, Kane & Vagnini for a free consultation.
Those who suffer sexual harassment in the workplace do not have to tolerate the behavior; there are options. However, people who suffer through sexual harassment in the workplace are often hesitant to report the behavior. They are intimidated by the fear that reporting this degrading and demeaning behavior could have negative consequences. These feared consequences could include termination, damage to prospects of future employment, demotions and negative transfers. These potential negative consequences can be mitigated by empowering the sexually harassed individual to stop the behavior and demand redress for the professional and emotional distress as a result of the illegal behavior.
Sexual Harassment and Employment Law
Sexual harassment falls under the federal employment discrimination laws. In many areas, it not only violates United States federal law, but state and local laws. Employers are obligated to take action to prevent sexual harassment at the workplace. If sexual harassment is reported to the employer, immediate action must be taken to deal with the situation. In addition, the employee reporting sexual harassment is legally protected from retaliation by the employer.
What is Sexual Harassment?
Sexual harassment comes in many forms. Some of these forms include:
Should I Pursue a Sexual Harassment Lawsuit?
Individuals victimized by sexual harassment are often reluctant to pursue a lawsuit. They are often caught in the dilemma of fearing the potential of negative consequences of reporting sexual harassment, while knowing that action must be taken. Attorneys experienced in sexual harassment cases take great care in the way they treat clients that have been victims of harassment. Great attention will be given to the privacy of the client. And, if possible, the case will be pursued on a completely private basis through negotiations with the employer or through filings with agencies such as the EEOC which are charged with the responsibility of investigating claims of such harassment.
Whether it is sexual harassment or other forms of discrimination in the workplace, it is important to understand the rights and legal options of the worker. If an employer has violated your rights, set up a no cost consultation with a law firm that is experienced in workplace discrimination.
