Employment Blog

Muslim Employee Faced Many Kinds of Discrimination

Employment discrimination can come in many forms. Title VII of the Civil Rights Act of 1964 specifically outlaws workplace discrimination based on a person’s race, color, religion, sex and national origin. Furthermore, discrimination due to a woman’s pregnancy or childbirth is illegal under the category of sex discrimination. Most discrimination cases involve one particular type of discrimination, however a recent case out of Washington, D.C. involves several different types of

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Woman Wins Against Abercrombie and Fitch in Religious Discrimination Lawsuit

Abercrombie and Fitch fired a Muslim woman, Hani Khan, for wearing her hijab at work because they claimed that her wearing a headscarf could hurt business. Khan filed and won her discrimination lawsuit against Abercrombie and Fitch in federal court. This lawsuit arose just a few years after another discrimination suit against the company for not hiring a girl who wore a hijab to her interview. The company has an

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Wrongful Termination for High-Risk Pregnancy

Pregnancy should be an enjoyable time in a woman’s life. In 1978, the United States Congress passed the Pregnancy Discrimination Act, which made it unlawful to discriminate against a woman based on pregnancy, potential to become pregnant, birth of a child, or any medical needs or condition related to a pregnancy or birth of a child. This law prohibits harassment based on pregnancy as well as discrimination in any employment

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Former Abercrombie Employee Prevails on Religious Accommodation Claim

Previously on this blog, we discussed a currently pending lawsuit on behalf of a female employee who was fired by Disney because her hijab did not fit in with the “Disney image.” A recent decision may give that Disney employee hope for winning her case. On September 3, 2013, a federal court in California ruled for a female employee of Abercrombie & Fitch who had also been fired for wearing

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Public School District Harassed Injured Worker

In order for behavior in the workplace to constitute harassment under Title VII of the Civil Rights Act of 1964 or other employment laws, the offensive conduct must be pervasive or severe enough to cause a hostile work environment for the victim. In order to determine whether a work environment is, in fact, hostile, a court will use both objective and subjective standards. For instance, objectively, a reasonable person would

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Employment Non-Discrimination Act Gets a Vote in the Senate

Many people across the nation may have more to be thankful for at Thanksgiving this year because these individuals may be one step closer to employment equality. Currently gay, lesbian, bisexual, and transsexual individuals can be fired in 29 states based solely on their sexual orientation. Furthermore, there are 33 states where an employee can be fired for his or her gender identity. In those states there are no laws

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Employees Over 50 Enjoy Their Jobs More, But It Is Not All Roses

In 2005, the national retirement age was pushed from 65 to 67 and the average age of our population is getting older. When you combine these two facts, particularly in this economy, there is a good chance that employers will have many employees over the age of 40. For most people this may seem like a very obvious statement and not worthy of attention. But for employers it is something

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Seattle Man Fired Over His Beard Wins Lawsuit

A Seattle man fired because of his beard later won over $66,000 because of that very same beard. The Seattle P-I reported on Abdulkadir Omar, a Seattle Muslim man, who was hired as a security guard by a security firm, American Patriot Security, to guard a Kent FedEx building. He was hired with his beard, which according to his religious beliefs he is not allowed to shave off. He started

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Two Growing Seattle Tech Companies Announce IPO, But Gender Gap Persists

The Puget Sound Business Journal reported on Tableau Software and Zulily’s recent announcements for their IPOs. But the story was not about the two companies’ future financial prospects or even the services they provide. The article focuses on a continuing trend in the tech industry. The trend is a stark lack of women at the top, both in management and on the Boards of Directors. While underrepresentation of women in

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Prohibited Interview Questions

Most employers know that it is against Oregon laws to discriminate against any employees on the basis of race, national origin, color, sex (includes gender, pregnancy and sexual harassment), sexual orientation, age (18 or older), disability, religion, marital status, family relationship, or association with a member of a protected class. Federal laws further prohibit discrimination against most of these protected classes. Employers should have strict workplace anti-discrimination policies put in

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Court says White Employee did not Suffer Discrimination

Earlier this fall, a court dismissed the widely publicized case against celebrity cook, Paula Deen, stating a white plaintiff who witnessed discrimination against black employees did not suffer discrimination herself. Now, another court has dismissed another discrimination claim brought by a white employee, though the circumstances in this case are different from the Deen case. Catherine Baker worked as a marketing director in charge of finding potential job applicants for

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Irregularities in Interviews Can Show Bias

A case currently in Oregon courts, Devi v. Oregon Department of Corrections, asserts the importance of consistent interviewing to avoid discriminatory practices. The plaintiff, Harish Devi, began working as a corrections officer at Oregon Department of Corrections’ Shutter Creek Correctional Institution (SCCI) in 1995. In 2011, Devi was one of thirty-two employee referred for consideration for promotion to sergeant. Evidence was presented that the last promotion of a minority officer

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Yet Another Development in Recent Cases Against Abercrombie

Abercrombie & Fitch has faced more than one lawsuit this year alleging religious discrimination against Muslim females. The lawsuits revolved around an employees and an applicant who claimed they had been the victims of discrimination because they each wore a hijab, a headscarf, in accordance with their religious beliefs. Though Abercrombie recently settled the case filed by the two former employees for $71,000, the company received a much more favorable

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Pregnant Bartender Fired For Not Looking Like A Hooker

The Los Angeles Daily News reported recently that a pregnant bartender working at a Studio City pub, the King’s Head Pub II, was fired because she did not look a “California hooker.” A month before Amanda Lambert became pregnant she left her job as a bartender at another bar to take the bartending position at the King’s Head Pub. Shortly after she informed her boss that she was pregnant, he

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FMLA Leave Eligibility for Same-Sex Spouses

On June 26, 2013, the United States Supreme Court issued its landmark decision in United States v. Windsor, which struck down Section 3 of the Defense of Marriage Act (DOMA) and mandated that the federal government recognize same-sex marriages for the purpose of federal benefits. This decision would extend several federally-mandated employment benefits to same-sex couples, as well as leave privileges under the Family and Medical Leave Act. The decision

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Workplace Religious Discrimination Can Affect Anyone

The Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against employees or applicants on the basis of race, color, religion, national origin, or sex. The EEOC defines religious discrimination as treating an applicant or employee unfavorably based on his or her religious beliefs. The term religious beliefs encompasses not only those attributed to traditional, organized religions, but also

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REI Sued for Retaliation and Discrimination by Paralyzed Employee

A few months ago, Seattle P-I reported on James Osborne’s multiple and continuing battles with REI. In 2007, Osborne was paralyzed when an REI brand bicycle he was riding broke apart and crashed. As a result of the crash, Osborne’s arms and legs were paralyzed for a while and though he can now walk around with the use of a cane, he still suffers from his injuries. He, along with

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EEOC Files Two Disability Discrimination Lawsuits

The Equal Employment Opportunity Commission (EEOC) recently filed lawsuits against two major corporations, claiming unlawful employment discrimination against individuals with disabilities. Both Kaiser Permanente, the nation’s largest managed healthcare consortium, and retail giant Kmart face allegations of failing to make reasonable accommodations for a current employee and prospective employee, respectively, with a disability. If found, these actions would violate the Americans with Disabilities Act (ADA), a federal law protecting American

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E-Verify Discrimination

Immigration reform has been and continues to be a complex and controversial political issue. One major point of contention has been undocumented workers. In 1997, the United States government started the E-Verify program in an effort to prevent and reduce undocumented workers’ ability to find employment. It is an online program that matches information provided on I-9 forms with the government’s employment eligibility records. If there is a mismatch between

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Employee's Race Discrimination Claims Against Paula Deen Dismissed

A federal judge dismissed a former employee’s race discrimination claims against Paula Deen, according to an article in the Seattle P-I. The judge ruled that the employee, who is white, does not have the right to bring a claim based on workplace discrimination against African-American workers. However, the judge did not dismiss the employee’s sexual harassment claims against Deen’s brother, Bubba Hiers. This case is an interesting example of potential

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Washington Congressman's Bill Would Prohibit Discrimination Against Military Veterans

United States Representative Derek Kilmer, from Gig Harbor, Washington, submitted a bill to congress that would provide anti-discrimination protections to military veterans. Tacoma-based The News Tribune reports that the protections would be similar to those provided to other protected classes such as race, religion, or gender. Senator Blumenthal from Connecticut proposed the same legislation in the U.S. Senate. If passed, this bill would allow military veterans to bring a discrimination

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Kitsap County Women Receive Jury Award in Sexual Harassment Suit against Employer

When a person gets his or her first job it can be an exciting time. A paycheck, a uniform, new duties and responsibilities can be rewarding and fulfilling. However, after the honeymoon period ends, and coworkers and supervisors get more comfortable working together, a terrible pattern can emerge. Many workers can become exploited when asked for sexual favors by a supervisor, and can become trapped when they don’t know their

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Poll Indicates 15% of Women Believe They Have Been Unfairly Denied Promotions

Sexual bias continues to be a significant and pervasive problem in the United States. On average, women tend to earn less than their male counterparts and are often underrepresented in executive or supervisory positions. In addition, thousands of people each year are subjected to inappropriate and demeaning sexual discrimination year each, many of whom are women. Sexual discrimination in the workplace is prohibited by both state and federal law, and

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Former Clallam County Employee Settles Employment Discrimination and Retaliation Charges

An Employment Discrimination and Retaliation Case in Clallam County An employment law case out of Port Angeles made headlines earlier this summer in the Washington employment law community and in local news. According to the Peninsula Daily News, an employment discrimination charge filed with the Washington State Human Rights Commission and the United States Equal Employment Opportunity Commission in March 29 finally came to a settlement. The case highlights the

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Employment Discrimination Case Highlights Pregnancy-Based Discrimination in the Workplace

The Story A story from the Seattle PI this week highlights the many different types of employment discrimination claims that an employee may bring against a supervisor under employment anti-discrimination laws. Jesse Hernandez, head of the Arizona State Board of Executive Clemency was under investigation after a female employee complained that he discriminated against her in the workplace. The woman was a clemency board employee. She complained in May that

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Merrill Lynch Reaches $160 Million Settlement in Racial Discrimination Lawsuit

Brokerage firm Merrill Lynch has agreed to pay $160 million to settle claims of racial discrimination from 1,200 current and former brokers. Seattle-based KIRO 7 reports that if the trial judge approves the settlement, it will be one of the largest settlements reached in a workplace racial discrimination case. In this case, the plaintiffs were 1,200 African-American brokers who claim that they were the victims of racial discrimination. One of

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"Reverse Discrimination" Leads to $620,000 Verdict for White Police Officer

A federal jury awarded $620,000 to a white police sergeant in his race discrimination lawsuit against the St. Louis Police Department, the Police Board of Commissioners, and other city officials. According to an article from the St. Louis Post-Dispatch, Sergeant David Bonenberger applied for an assistant director position at the police academy, but was not even interviewed for the post because of race. While race discrimination against white employees may

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$2 Million Race Discrimination Verdict Reversed Due to Attorney's "Irregularities"

A $2 million jury verdict in favor of Jeffrey Chen, the former chief of police in Medina, Washington, was reversed by a federal judge as unsupported by the evidence. Seattle Weekly News reports that the trial judge in the case determined that the jury reached its verdict because of passion or prejudice based on Chen’s attorney’s improper remarks at trial. Although Chen’s favorable verdict was reversed, he will be able

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Oregon Age Discrimination

Discrimination is a pervasive problem in the United States today, affecting millions of employees every year. Both state and federal law protect workers from certain kinds of discrimination. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, religion, color, sex or national origin. When it comes to age, the Age Discrimination in Employment Act of 1967 prohibits employers from discriminating against workers over

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Target's "Diversity Memo" Leads to Discrimination Lawsuit

Three former employees at Target have filed a workplace discrimination and retaliation lawsuit against the company, according to an article in the Seattle P-I. The lawsuit stems in part from a “Multi-Cultural Tips” memo that included many racial and national origin stereotypes about people of Hispanic descent. Target states that the memo was only used at one location, and that it is not a reflection of the company’s values. However,

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Specific Job Descriptions Can Help Avoid Discrimination Lawsuits

When an employee brings a discrimination lawsuit against his employer, the employee’s job description is one piece of evidence that Washington courts will consider. For that reason, well-written job descriptions can help employers defend themselves against discrimination claims. What Should a Job Description Contain? Employers should make sure that job descriptions include specific nondiscriminatory criteria to guide employment decisions. Most good job descriptions will have the following: -An accurate job

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Proposed Federal Law would Prohibit LGBT Employment Discrimination

The recent Supreme Court decision striking down key provisions of the Defense of Marriage Act (DOMA) may signal a new era for lesbian, bisexual, gay, and transgender (LGBT) rights in the Unites States. That decision held that the provision of the law defining marriage as the “union between one man and one woman” for the purposes of federal law violated the due process and equal protection clauses of the United

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What Constitutes Disability Discrimination?

Discrimination in the workplace is a pervasive issue in the United States, and the problem includes discrimination against people with disabilities. Both state and federal law prohibit employers from discriminating against employees that have disabilities, and require that employers provide “reasonable accommodation” for such employees. The federal law prohibiting discrimination against disabled employees is the Americans with Disabilities Act (ADA), while the state law regarding such discrimination is found in

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Oregon Man Suing DOJ for Sex Discrimination

In Oregon, state law prohibits discrimination on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, or age. One particularly pervasive form of discrimination occurs when a person is subjected to sexual harassment in the workplace. Such harassment could take the form of inappropriate comments, touching, advances, or communications between employees or between a supervisor and employees. Sexual harassment can occur between members of the same

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Washington Agricultural Workers Settle Sexual Harassment and Retaliation Lawsuit

Five workers from a farm in Lind, Washington agreed to a $650,000 settlement with National Food Corporation for their sexual harassment and retaliation claims. An article in the Seattle Times reports that the workers were sexually harassed by their supervisor and then fired when they reported the harassment up the chain of command. The workers’ story is a textbook example of unlawful retaliation against employees who oppose workplace discrimination. According

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Discrimination for English as a Second Language

It is well-known in places of employment that Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of race, color, religion, sex and national origin. However, employers sometimes do not realize that their behavior actually constitutes discrimination under Title VII. One common example is when an employer treats an employee differently because English is not his or her first language or

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Poll Indicates that Majority of Americans Favor LGBT Workplace Rights

The issue of lesbian, bisexual, gay, and transgender rights has been in the spotlight as of late, not least of all due to the highly anticipated decisions on the issue that were released by the Supreme Court recently. Those decisions, known colloquially as the DOMA and Prop 8 decisions, bolstered LGBT rights advocates and were widely seen as a victory for the movement. While the Prop 8 decision was decided

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Proving Pretext in Age Discrimination Claims

A jury found that Seattle Central Community College (“SCCC”) did not wrongfully discriminate against 73-year old administrator Joan Ray because of her age, according to an article posted on Capitol Hill Seattle Blog. Ray had filed an age discrimination lawsuit against SCCC when it did not renew her contract and replaced her with a younger administrator. The college argued that budget cuts forced it to consolidate positions and that the

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Supreme Court Limits Justice for Employees

In the midst of the United States Supreme Court’s decisions regarding DOMA, Proposition 8, and the Voting Rights Act, two decisions affecting discriminated employees have been overlooked by many. The decisions are both very important, however, since they both make it more difficult for employees to hold their employers responsible for Title VII violations. One case involves an employee who brought suit for racially-based discrimination, and the other involves a

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Employer's English-Only Policy Leads to Discrimination Lawsuit

An article from the Seattle P-I reports that the ACLU has filed a discrimination lawsuit on behalf of Bryan Baldizan and Lupe Gonzales, two Whole Foods employees suspended for complaining about the store’s English-only policy. We recently discussed that language gaps in the workplace might be a form of discrimination based on national origin. In the same way, an English-only policy might amount to unlawful discrimination. Baldizan and Gonzales say

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Oregon and Federal Laws Against LGBT Employee Discrimination

Many laws exist on the state and federal level prohibiting employment discrimination based on factors such as race, color, national origin, age, gender, and disabilities. Employment discrimination refers to any discriminatory employment practices such as bias in hiring, job assignment, promotion, compensation, and termination, as well as various types of harassment. In addition to these standard discrimination laws, twenty-one states plus the District of Columbia and Puerto Rico have enacted

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How Does the DOMA Decision Affect LGBT Employees?

On June 26, 2013, the Supreme Court of the United States reached a landmark decision in United States v. Windsor that struck down the Defense of Marriage Act (DOMA). DOMA prohibited the federal government from legally recognizing same-sex marriages and from providing federal benefits to same-sex married couples. The decision held that section 3 of the Act was unconstitutional, thereby entitling same-sex married couples in the United States to the

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