Employment Blog

When Discriminatory Behavior Produces a Hostile Workplace

Fans of television shows like The Office May think they know a thing or two about a dysfunctional workplace, but countless professionals experience real hardship amid their daily business endeavors. Unfortunately, the costs of said hardship often include far worse than quirky pranks and misunderstandings. Nevertheless, that which qualifies as a hostile work environment depends on the extent to which one is subject to discrimination and whether that discrimination makes

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Lawsuit Against Colorado Based Company Sparks Discussion About Multiple Discrimination 

Workplace discrimination is something that most adults are familiar with through direct experience or word of mouth. Unfortunately, the reality of multiple discrimination types affecting one person is not often discussed. Multiple discrimination in the workplace occurs when an employee is harassed or mistreated because he or she is a member of more than one protected group. Cherry Creek Mortgage, a Colorado-based lender, found themselves in the middle of a

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Highland Ranch Private School Faces Discrimination Lawsuit

After the number of reported gender and race related complaints fell to an all-time low in 2006, the claims of discrimination are increasing yet again. The serious problem of employment-related discrimination has recently touched the community of Highlands Ranch, Colorado after disturbing allegations were revealed in a lawsuit. The former principal of Merryhill School shocked parents and school staff by filing a discrimination lawsuit in the United States District Court

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Major Nevada Discrimination Case Does Not Go Delta’s Way

Based on the verdict rendered by a Nevada Federal Jury, Delta Air Lines now finds itself paying the price for employment discrimination due to a lawsuit filed under the Americans With Disabilities Act. The unnamed plaintiff will be awarded $1.3 million that includes punitive damages on account of the original claim that Delta failed to render proper accommodation to an HIV-positive employee and later terminating said employee after a related

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Oregon Laws on Racial Discrimination at Work: Cascade Management Breaks Rules

Oregon has a history of problems with race relations. Therefore, a number of laws and provisions were enacted in order to ensure that workers would no longer be subjected to racism and discrimination at work. The Cascade Management case demonstrates some of the tensions that still exist in the workplace today in Oregon. Recently a property management company called Cascade was found guilty of creating a hostile workplace environment for

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How to Know if Employment Discrimination is Impacting You

Whether you are an employee or an independent contractor, it is important that you understand your rights under the law, particularly when it comes to discrimination. That is a lesson that ride service Uber is still learning as three of its engineers file a lawsuit alleging sex and race-based discrimination under the federal Equal Pay Act, a law that Nevada employers must follow as well. As recently reported by CNN

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Crop Production Services Accused of Hiring Discrimination

The state of Colorado has found itself in the middle of multiple immigration-related protests and lawsuits. Just one month ago Governor John Hickenlooper announced that Colorado would join 15 other states in the filing of a lawsuit challenging a federal government plan to end protections that prevent young immigrants from being deported. In the middle of the volatile situation, one Colorado company finds itself facing accusations of citizenship-related discrimination.  However,

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Hertz Lawsuits Draws Attention to Ongoing Disability Discrimination Problems

In 1990 the Americans with Disabilities Act (ADA) was passed to protect individuals who are qualified for employment from being discriminated against based on a disability by current or prospective employers. Even though the act has been in place for almost three decades, disability discrimination is still an issue that employees deal with on a daily basis. The Hertz Corporation has recently made headlines after a manager at the company’s

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What Discrimination Law Means to Your Business

As most companies know, any sound workplace must remain a safe and welcoming environment for employees. In addition to facilitating productivity and a more efficient outcome, these kind of editions are essential to protecting the legal rights of workers and assuring that business in general remains on the right side of the law. There is no shortcut when it comes to treating employees fairly. That is especially true when it

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Age Discrimination is Not to be Tolerated

Are you immensely qualified, yet unable to obtain a job in your field? If so, you are not alone.  Systems Engineer Cheryl Fillekes claims that Google refused to hire her despite her impressive qualifications. Why? Cheryl is 47 years old. She is now part of a class action suit involving close to 300 people claiming discrimination on the basis of age. Google denies the claim, but the court saw fit

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The Connection Between Discrimination and Wrongful Termination

Losing a job for reasons that contradict company policy while violating Federal law creates a scenario allowing the former employee to fight for reinstatement. Unfortunately, the personal, professional, and financial difficulties caused by a sudden termination sometimes lead to a situation where the affected party does not pursue a wrongful termination case. This is especially true if the work life of the former employee was made difficult because of various

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When Employment Discrimination Goes Viral

In the past accusations of discrimination at the workplace only became public knowledge if a major news outlet decided to cover the story. The rise of social media has changed that by giving every individual an opportunity to share his or her experience with millions of people worldwide.  When former Versace employee Christopher Shapiro’s allegations of racial profiling and racial discrimination by a manager went viral, the internationally famous brand

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Another Victory for LGBT Rights

While some states, including Oregon, have chosen to prohibit employment discrimination on the basis of sexual orientation or gender identity, federal law currently does not. Recent legal developments seem to signal that a fundamental change may be on the horizon, and LGBT rights activists have had several recent successes. For example, the highly anticipated Supreme Court decision in the Defense of Marriage Act case United States v. Windsor invalidated the

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SWAT Officer Sues For Gender Discrimination

A Virginia Beach police officer filed a complaint in federal court against her supervisors and the Virginia Beach Police Department for gender discrimination and retaliation. Nicole Kosman has been an officer of the Virginia Beach Police Department for ten years. In 2009, she became the first woman accepted into the Department’s SWAT Team. Unfortunately, it appears the Team and the Department still held on to the gender preferences that had

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Facebook is Former Employee’s Worst Nightmare

When most people think of a lawsuit, they think of the dramatic trials that they see on television and in movies. In reality, however, the majority of cases never go to trial. Instead, the two parties can negotiate outside the courtroom and come to a settlement agreement. Trials can be lengthy and costly, therefore settlement saves both parties time, stress, and money. The parties have the opportunity to be creative

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$1.2 Million Awarded in Religious Discrimination Case

Ali Aboubaker moved to the United States from Tunisia almost 25 years ago and began working for Washtenaw County in Michigan in 1991. Aboubaker started as a bus driver and later moved up to maintenance technician. However, over the years, Aboubaker applied for numerous promotions for which he believed he was qualified, and was continually passed over. Finally, in 2008, the County terminated his employment. Aboubaker, a Muslim, wears a

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What are Essential Job Functions in ADA Cases?

Title I of the Americans with Disabilities Act (ADA) aims to allow people with disabilities to have equal opportunities to join the workforce. First, the law prohibits discrimination, harassment, or retaliation against applicants or employees with real or perceived disabilities. Additionally,the law requires employers to make reasonable accommodations for employees with disabilities if such accommodations would allow the employee to perform the essential functions of their job and would not

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Teacher Fired For Being Unmarried And Pregnant

A Catholic school in Montana recently fired one of its teachers because she was pregnant. She was not actually fired just for being pregnant; she was fired for being pregnant and unmarried. Shaela Evenson taught at the school for almost ten years before an anonymous letter was sent to the school district informing them of her pregnancy. Evenson was considered an “excellent teacher” prior to her termination. However, her actions,

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Gender Neutral Employee Sues Former Oregon Employer

Since 2008, the Oregon Equality Act has protected employees in the state from discrimination based on their sexual orientation or gender identity. The law defines gender identity as the gender that a person believes they should be, not their biological gender. Gender identity protections apply also to transgender individuals or those who do not fit traditional gender stereotypes in their look, dress, or behavior. A recent lawsuit out of Portland

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Not All Discrimination Claims are Valid

Many employees in Oregon and across the United States suffer unlawful workplace discrimination every day. Such employees deserve full protection under federal and state anti-discrimination laws, and deserve to be fairly compensated for any violations of their rights under the law. However, like any type of civil action, some workplace discrimination claims are unfounded. Some employees file claims because they are angry over their termination and want to get back

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Olympia’s First Strip Club Begins Hiring

The Olympian recently reported on Desire Video’s Craigslist post seeking applicants for all positions. Desire Video’s owner proposed an adult cabaret to Olympia’s Community Planning and Development officials last year, and it appears his proposal was approved. According to the Craigslist post, no experience is necessary for dancers or wait staff, but experience is preferred for DJs and security personnel. They will even provide training if necessary for qualified applicants.

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Costco To Pay Millions For Promotion Discrimination

Just before the end of 2013, the Seattle Times reported that Costco reached a tentative settlement in a lawsuit with some of its female employees. The lawsuit originated with a single employee and later became a class action encompassing many female employees. After nearly a decade, the parties appear to have reached an agreement. The Lawsuit & Settlement In 2002, Shirley Ellis filed her initial discrimination claim with the Equal

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Everett Police File Racial Discrimination Lawsuit

Last week, three police officers in Everett, Washington, filed a lawsuit alleging racial discrimination in Everett’s police department. The three officers’ lawsuit against the police department was filed in federal court, and claims the officers were denied promotions, received harsher treatment than Caucasian officers, and dealt with a hostile work environment because of their race. According to Komonews.com, the officers have over 60 years of combined experience in the police

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Casino Employees to take Race Discrimination Claims to Trial

Two cocktail waitresses at a casino will now be able to take their claims to trial, according to the federal Court of Appeals for the Seventh Circuit. The plaintiffs in this case, Stacy Alexander and Kim Rogers, are both African-American females, and were both long time cocktail waitresses at the Casino Queen in Illinois. They filed a racial discrimination claim against their former employer for various forms of discrimination they

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Oregon Employer Wins Complicated Harassment Case

Though employees deserve to be compensated when their rights are violated at work, not every discrimination, harassment, or wrongful termination claim is valid. Sometimes, there are underlying problems at work and angry or terminated employees wrongfully assert that their employer violated the law in some fashion. In one recent Oregon case, an Administrative Law Judge found in favor of the employer, deciding that, based on the complicated facts, the employee’s

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Councilman Sworn Into Office With Colander On Head

A member of the “Church of the Flying Spaghetti Monster,” also known as a Pastafarian, was sworn into his councilman position with a colander on his head earlier this month. In a recent Talking Points Memo article, the fact that there is a picture of Christopher Schaeffer being sworn into office in New York with a colander on his head actually was noteworthy. The Church of the Flying Spaghetti Monster,

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Archie Comics Female CEO Gender Discriminator?

According to a recent Washington Post article, five white men are suing Archie Comics female co-CEO for sexual harassment and gender discrimination. Nancy Silberkleit, the widower of one of Archie Comics three founders, became the co-CEO of the company in 2008. Interestingly, Silberkleit’s co-CEO and half-brother of the second founder of Archie Comics sued to have Silberkleit removed from her position due to instability and alienation of the company’s employees.

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Discriminated Against For Wanting To Have Children

A Hawaiian retailer will pay $60,000 for discriminating against one of its employees before and after she gave birth to her child. Step Three, Ltd., which does business as Sandal Tree, is a retailer of women’s sandals with stores across Hawaii. The company will be settling with one of its former buyers. The buyer underwent infertility treatments and eventually became pregnant. While undergoing treatments she was subjected to offensive comments

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Too Old To Wait Tables At Ruby Tuesday?

Ruby Tuesday has decided against fighting its age discrimination suit in court and will take a settlement. The Equal Employment Opportunity Commission (EEOC) brought the age discrimination case against the restaurant after complaints arose around six of its chains. While Ruby Tuesday is not admitting guilt or that there actually was age based discrimination, it is agreeing to pay $575,000. Additionally, Ruby Tuesday will be taking steps to prevent future

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Winter Holidays in the Workplace

As previously discussed on this blog, employers are not required by law to provide employees with time off on nationally recognized holidays. However, Title VII of the Civil Rights Act of 1964 does require employers to reasonably accommodate an employee’s sincerely held religious beliefs and practices. Such reasonable accommodations can include allowing time off for religious observances on holidays, or allowing an employee to express religious beliefs through holiday decorations

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Sexual Harassment at Archie Comics?

Archie Comics has brought the United States beloved and wholesome characters such as Archie, Betty, Veronica, Jughead, and Sabrina the Teenage Witch. However, behind the scenes at the company, things do not seem to be so wholesome. The co-CEO, Nancy Silberkleit, faces a recent lawsuit filing alleging discrimination and retaliation based on employees’ gender. She claims such discrimination is impossible because the employees in question are white men and she

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Diabetic Employee Files ADA Claim

The Americans with Disabilities Act of 1990 prohibits workplace discrimination against any employee with an actual or perceived disability and requires that employers provide reasonable accommodation for any disabled employee who is otherwise qualified to perform essential job functions. An employer may not refuse to hire, refuse to promote, discipline, or terminate an employer based on his or her disability. Furthermore, an employer may not retaliate against an employee with

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Employer Wins Odd Sexual Harassment Claim

A hospital recently prevailed in an unusual sexual harassment case brought by a female technician, Sara Debord. The alleged facts of the case spanned over five years and are somewhat convoluted, involving Facebook posts, cold hands, sexual harassment accusations, and payroll fraud allegations. Basic Facts Debord worked as a nuclear medicine technician in the department of radiology, under the direct supervision of Leonard Weaver, the director of radiology. Debord began

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California Teacher Fired For Being A Lesbian?

A former California English teacher is suing the Hesperia Unified School District for discrimination. Julia Frost worked for the school district from 2011 to 2013 as a probationary teacher. After her contract was not renewed, Frost filed her lawsuit believing she was harassed, had to work in a hostile work environment and was terminated all because she is a lesbian. The Story According to the Seattle PI article, Frost claims

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National Labor Relations Board Investigates Wal-Mart

Wal-Mart makes headlines fairly regularly these days. Occasionally, the headlines are good sometimes the headlines are not good. One of the recent less positive headlines came in the form of a picture of food collection bins for Wal-Mart employees by Wal-Mart employees at a Cleveland Wal-Mart Superstore store. Some employees felt the need to start a food drive for their fellow employees who could not afford to have holiday dinners,

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More Companies Taking Steps to Prevent Discrimination

The Human Rights Campaign (HRC) released its 2013 Corporate Equality Index (CEI) recently. The CEI looks at the policies and programs companies have in place to protect and include LGBT employees. Eleven years ago there were almost no laws protecting LGBT employees from sexual orientation discrimination in the workplace. HRC felt the need to survey the employment situation for LGBT individuals so they, and everyone else, would know which corporations

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Political Correctness "Fails" and Discrimination

A few months ago, Seattle found itself in a bit of an uproar when an official raised the issue of using the term “brown bag” when advertising events. The official was greatly concerned about political correctness and fear that “brown bag” could be racially derogatory not simply referring to the traditional color of paper lunch bags. Hallmark also found itself faced with a surprising political correctness disaster when it decided

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Discrimination Is Less Fruitful for Del Monte

The Los Angeles Times’ recently reported on Del Monte’s $1.2 million discrimination settlement. Del Monte is a major grower of fruits and vegetables; hires employees to harvest the products; and then ships the products to stores for our enjoyment and consumption. Unfortunately, Del Monte along with a number of labor contractors had a growing problem with discrimination in its pineapple fields. In 2011, the Equal Employment Opportunity Commission (EEOC) brought

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Text Messages Make Headlines in Harassment Lawsuit

A Chicago news source reports on a former doorman for Sidetrack, a popular bar in Chicago, suing the bar and a couple of its managers for sexual and religious harassment. Sexual harassment lawsuits at bars, sadly, are not uncommon or generally newsworthy unless they contain an interesting twist. In this case, the bar is a gay bar, owned by gay rights pioneers in Boystown, which may have been the first

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Seattle Program and Starbucks Helping Vets Get Jobs

Finding a job can be hard, particularly in this economy. Finding a job after spending years in the military can be even harder, especially if your training is in an area that does not transfer to civilian life easily or obviously. Laws can prohibit discrimination against returning veterans, but sometimes additional programs and assistance is needed for those making the dramatic transition back to civilian life and employment. Veteran Employment

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Son Experiences Retaliation for Father's Actions

Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace based on a person’s race, among other factors. However, the law goes a step further to protect employees who oppose, report, complain of, or participate in an investigation regarding workplace discrimination. The law prohibits an employer from taking any adverse employment action against employees who participate in the above opposition to discrimination. Examples of adverse employment

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Special Agent-in-Charge of Seattle's FBI Field Office Continues Gender Bias Claim

It is not often that a long and distinguished career and having the distinction of being the “longest serving” anything would be the basis of a discrimination and retaliation lawsuit, but it is. An agent at the Federal Bureau of Investigation’s Seattle field office is claiming gender discrimination and pay raise discrimination. The shocking part is that the agent is in charge of the entire field office and that the

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