Metro Detroit's Metroparks police department currently stands accused of at least four instances of employment discrimination, such as favoring minority employees over older, white men in granting promotions. If these allegations prove true, this is an example of race discrimination, age discrimination and potentially gender discrimination in the workplace, none of which are appropriate.
]]> One suit against the Metroparks system was filed by Harley Rider, a commander with the department who is white and 63 years old. He claims that he was unfairly passed over for the police chief position in favor of a minority candidate, and that he suffered retaliation after he complained.Rider says this discrimination was all a deliberate effort on the part of the Metroparks deputy director to diversify the department, and older white males have suffered for it. He claims that he was more qualified for the position of police chief than the man appointed in 2008, who is 15 years younger than Rider.
Rider also claims he often heard comments about how the department was doing everything possible to bring in more minority employees. Representatives for the park department have disputed the claim that it favors diversity over ability, though they do say that diversity is a good goal for any workplace to have.
While all the facts of this case will certainly come out in the trial set to start in July, it's important for all Detroit workers to take notice now. Discrimination of any kind in the workplace should not be tolerated, whether it is discrimination based on age, sex, religion, pregnancy or sexual orientation.
In some cases, an employee's age or other personal factors might be relevant to determining whether the employee is qualified to do the job well. However, promoting or hiring one employee over another based on age or national origin, rather than ability, is illegal. In these cases, an experienced employment law attorney can make sure an employee's rights are protected.
Source: Detroit Free Press, "Metroparks police department accused of unfair hiring, promotion," Eric D. Lawrence, May 14, 2012
]]>Recently, the woman was awarded $5 million in punitive damages, plus $120,000 for lost wages, after she sued for religious discrimination. Her story should remind Michigan readers that they do not have to tolerate disrespect in the workplace.
]]> Generally speaking, to win a case like this, the woman would have had to prove that she was subjected to harassment and that her employer knew about it and did not do enough to stop it. In this particular instance, if the woman had been harassed by her coworkers but never told her supervisors about it, she would not have won because AT&T could have successfully argued that it never had a chance to correct the behavior. However, in this woman's saga, it seems that her boss was part of the problem; she claimed that at point, in 2008, he tore her hijab off her head to expose her hair (a violation of Muslim tradition). Thus, this woman did her part by alerting AT&T to the harassment and AT&T did not do its duty in curbing the offensive behavior.Source: The Associated Press, "AT&T to pay Muslim woman $5M in harassment case," May 5, 2012
]]>Workers at the Caterpillar plant in Joliet, Illinois, are locked in a contract dispute with the company. They recently turned down a proposed six-year contract and are reportedly on the verge of striking if they cannot convince management to see their side of things. Strikes, of course, tend to be the last arrow in employees' collective quiver because they are so drastic. They make management angry and are hard for employees to sustain because they mean workers will have to go without paychecks for the duration of the work stoppage.
]]> About 800 workers are employed by the Joliet plant, which makes hydraulic units, and although Caterpillar has maintained that it can meet its production demands even if there is a strike, there is some question as to whether that is true because demand for Caterpillar equipment in North American markets has exceeded expectations. Naturally, Caterpillar wants to strike while the iron is hot and fulfill all its orders, so it can't gamble too much in these circumstances.In situations like this, where tensions are running high, it is helpful to have an attorney who is a skilled negotiator on your side. Such lawyers understand that there is not much room for a misstep and can often strike the right note between pushing hard to meet your goals and realizing when the other side has nothing to give. It's a delicate maneuver and takes training, experience and some degree of intuition to achieve.
Source: Reuters, "Caterpillar braces for strike amid labor dispute," April 30, 2012
]]>Teachers in Madison heights were recently asked to take a 10 percent pay cut. Not only that, but the cut was made retroactive to the beginning of the year, meaning that the next several paychecks teachers receive will be quite meager as large portions are taken out to compensate for the larger paychecks they've received until now.
]]> Teachers are not happy about this, naturally. Their union and the Board of Education have been wrangling over the possibility of a pay cut for quite some time and negotiations have gotten quite heated. One teacher said that forcing a 10 percent pay cut would mean that some teachers would not be able to meet their mortgage payments or pay for daycare for their children.The 10 percent pay cut has not been formalized yet, so there is a chance that ongoing negotiations could result in a different resolution.
We understand that times are hard and that sometimes painful cuts must be made, so we are not taking the side of either the teacher's union or the Board of Education. However, because we understand the importance of having teachers who can focus on the classroom, we hope this employment dispute is resolved fairly and quickly.
Source: The Detroit Free Press, "Citing hardship, Madison Heights teachers plan to fight 10% pay cut," April 19, 2012
]]>Jung's replacement is a good opportunity for us to discuss the right and wrong way to terminate an employee.
]]> Most employees are at-will employees, meaning that they can be fired almost at any time for nearly any reason (presuming that reason does not involve age, gender, national origin, etc.). However, many top employees, such as Jung, often have an employment agreement. Such agreements not only set out things you would expect, such as pay and benefits, but also things such as what will happen if the company and employee decide to part ways.With employment agreements, it is not uncommon for the employer to come to regret the terms of the departure provision and to try to renege on them. When that happens, it is crucial that the employee concerned obtain legal representation and work to preserve the rights and benefits he or she negotiated upon first joining the company. That has not happened with Jung yet (that we know about, at least) but as we said, it s not uncommon. It would be wonderful if employees could trust their employers to do what they said they would, but that just is not always the case.
Source: The Washington Post, "The women atop Avon: A look at the backgrounds of Andrea Jung, Sheri McCoy," April 9, 2012
]]>Recently, the American Family Life Assurance Co., better known as AFLAC, agreed to pay over $16,000 to a former employee after it fired the employee for taking time off several times over a longer period of time. The settlement ends the former employee's wrongful termination suit.
]]> AFLAC claimed that the employee had not properly documented why the leave was necessary, but after an investigation, the U.S. Wage and Hour Division found that the employee had filled out the necessary paperwork and that it was AFLAC's fault for mis-classifying the time off.The case concerned the Family and Medical Leave Act, which allows workers to take up to 12 weeks of unpaid time off for certain family and medical circumstances without fear that they will be fired or will lose their healthcare coverage.
As this case shows, the FMLA is not always easy for people to understand, be that person an employee or an employer. Sometimes, the guidance of an employment law attorney who understands and works with this law may be necessary.
Source: WTVM-TV, "Aflac agrees to pay former employee nearly $17,000 in FMLA suit," April 3, 2012
]]>The workers, who are now considering suing for wrongful termination, all worked in the same office. Although we have only heard their side of the story, it sounds like a very strict and harsh place to work -- they were not allowed to talk to each other in their cubicles and could not go to the break room to get coffee while they were on the clock.
]]> If that was the worst of it, it might not be so bad. But it isn't.On March 16, the 14 workers were summarily dismissed, they say, without any sort of explanation. Their theory is that they were fired because they all wore orange shirts to protest the new rules (orange to mimic the color worn by prison inmates).
The office where the employees worked would not comment on the matter.
Since we do not know all the facts and are only working with one side of the story, we cannot presume to know that we know what happened here. However, it does seem fair to say that it was a good idea for these workers to investigate whether they have a cause of action against their former employer. If an employer wants to be harsh, strict and run a tight ship, that's fine -- as long as by doing so he or she is not violating any employment laws.
Source: ABC News, "Fired Orange Workers Couldn't Speak Over Cubicle Walls?" Susanna Kim, March 27, 2012
]]>Does that seem like a violation of employee rights? Certainly in a privacy sense. But in a legal sense, the jury is still out, so to speak.
]]> This practice appears to be most common in public-service jobs, such as working for a government agency or a police department. While it is natural that these organizations want to hire respectable and upstanding people to represent them, it certainly seems like an invasive practice.The American Civil Liberties Union recently had to intervene in the case of a Maryland prison guard who was asked for his Facebook password upon returning from a leave of absence. Supposedly, the man's employer wanted to make sure he had actually been to his mother's funeral when he was on leave.
No matter what, it's just a good idea to make sure that your "social media presence," (i.e. Facebook, Twitter, LinkedIn, etc.) does not contain anything that would embarrass you or make you look bad because, obviously, people can see it.
But if you ever find yourself in a situation where you believe you were denied employment or punished professionally for something your employer found online, you may want to speak to an employment law attorney about the matter. It is entirely possible that nothing untoward occurred, but you want to make sure that the rights to which you are entitled have not been disrespected.
Source: The Associated Press, "Employers ask job applicants for their Facebook passwords," Manuel Valdes, March 21, 2012
]]>About 45 percent of employers use sites such as Facebook, LinkedIn and Twitter when they are trying to decide things like whom to hire or whether an employee is worth keeping on staff, according to a firm that monitors how we use the Internet. Now, not all those decisions are negative, but still, this is an interesting area of employment law because it raises the risk an employer could make a decision based on improper grounds.
]]> Case in point: 35 percent of the companies surveyed said they had chosen not to hire an applicant based on something they found online. A big thing employers watch out for, supposedly, is whether a person is using the Internet to speak ill of a previous employer or former colleagues.Once again, we cannot jump the gun here. It is not automatically improper for an employer to look up an employee online. However, depending on what they find and what decision they subsequently make, it is possible that information found online could facilitate an illegal decision. If you ever become concerned that you have been slighted because your employer found something unflattering about you online, you may want to discuss the situation with an attorney. It is important that you be aware of all your rights and options in such situations.
Source: The Huffington Post, "How Companies Use Facebook To Hire and Fire Employees," James Sunshine, August 4, 2011
]]>Recently, a Milwaukee medical-staffing agency had to pay a $148,000 fine after the U.S. Equal Employment Opportunity Commission found that it discriminated against a woman who had just given birth to a child.
]]> The agency said that HCS Medical Staffing Inc. violated employment laws because its employees made derogatory comments about the woman's pregnancy and then dismissed her when she asked for the maternity leave to which she was entitled. Supposedly, the owner of the agency felt the woman was trying to use her pregnancy to con the company into giving her more time off. It supposedly fired her by sending a letter to the hospital where she was recovering after giving birth.The $148,000 represents the pay the woman would have received, plus interest and punitive and compensatory damages.
Although this woman is certainly happy to have won, it's a shame she had to go through all this rigmarole in the first place. Employment laws have put protections in place so that a pregnancy does not negatively impact a woman's career and those laws need to be observed.
Source: The Pioneer Press, "Milwaukee company to pay $148K for firing new mom," March 3, 2012
]]>The case that led to this settlement began with a former Tyson employee who applied for a maintenance position at a Missouri facility. He had epilepsy, but had been on epilepsy controlling medication for 12 years and had worked for Tyson twice in the past.
]]> Tyson had recently changed its medical guidelines and declined to hire the man because of his condition. The man enlisted the aid of the Equal Opportunity Employment Commission, which argued that Tyson's conduct was discriminatory and violated the Americans With Disabilities Act.Late last month, Tyson agreed to pay $35,000 to settle the claim and said it would change its ways. Hopefully, it will rethink its hiring guidelines and behave better in the future.
This story is important because it shows that even big companies that should know better sometimes violate employment laws. If you ever suspect your employee rights are not being observed, it may not be a bad idea to speak with an employment law attorney about your situation. In an ideal world, companies would follow the law, but sometimes they need to be forced into compliance.
Source: The Equal Opportunity Employment Commission, "Tyson Foods Settles EEOC Disability Discrimination Lawsuit," Feb. 23, 2012
]]>It is important that any Detroit resident who is a member of the military and gets deployed knows that he or she cannot be fired or penalized for his or her service. Surely there are plenty of employers who know it is wrong to discriminate against military members, but given how many active military members allege that they are discriminated against because they had to go serve abroad, it seems there are just as many employers who do not know that.
]]> Every year, about 1,000 National Guard, reserve and active-duty troop members come back from service abroad. Sadly, transitioning back into real life is often a difficult process and for many, getting their jobs back is part of the aggravation. It seems many places do not realize they can't penalize active-duty military members or else do not understand what conduct is and is not acceptable.Even the federal government seems to struggle here. Eighteen percent of the complaints filed last year alleging a violation of the law prohibiting discrimination against military members pertained to work with or for the federal government.
We all wish it were easier for returning service members to get back up to speed with civilian life. If you or someone you know ever encounters trouble getting his or her job back after military duty, please remember that military members deserve not only our respect but certain rights as well. A consultation with an attorney who handles employment law may help you learn more.
Source: The Daily Republic, "Returning military members: Feds not offering jobs back," Steve Vogel, Feb. 22, 2012
]]>According to the EEOC, there were 4,151 claims of religious discrimination filed with the agency during the fiscal year 2011. That is a 9.5 percent jump from the year before, and claims of this nature have been rising steadily since 2005. In fact, the number of religious discrimination charges filed with the EEOC has more than doubled since 1997.
]]> The most commonly complained-about issues are not allowing employees to take appropriate time off to observe a religious day and not allowing workers to wear religions garments.Experts say that the number of complaints is because the American workplace is more diverse now than ever before and we may not all understand one another's religious needs and practices. One expert also noticed that during tough times, people really cling to religion and so become very unlikely to tolerate even the slightest infringement.
Employees in Detroit should know that it is against the law to discriminate against someone on the basis of his or her religion. What constitutes "discrimination" is not always clear-cut, of course, but that is why many people who think their employer acted inappropriately choose to work with employment law attorneys to better understand whether they have a good claim; such lawyers are often very skilled and may be able to help you be more aware of your rights.
Source: Business Insurance, "Religious discrimination claims in the workplace rising," Judy Greenwald, Feb. 12, 2012
]]>This indicates that workers in Detroit and all across the nation must be vigilant about ensuring that they are receiving all the benefits and privileges bestowed by our employment law system and are not allowing things like discrimination, harassment and retaliatory discharge to negatively affect them.
]]> The EEOC reported that it had received 99,947 complaints during the fiscal year of 2011. It also said it was able to close 112, 499 cases (many of which were backlog) and reduce its inventory of open complaints by 10 percent, the first year it has been able to cut down on its waiting list since 2001. Obviously, the volume of cases the EEOC looks into speaks to just how frequently employers seem to be possibly giving their workers the short shrift.Most of the complaints brought to the EEOC pertained to retaliation by employers and the second-most complaints pertained to racial discrimination. Discrimination on the basis of age came in third.
On its own, the EEOC generated 300 lawsuits. In most cases, these lawsuits were meant to fight what the EEOC saw as systematic problems on the part of employers that affected many people. Naturally, the EEOC wants to be as efficient as it can, so it is going to sue on behalf of large numbers of people rather than just one or a few. That means if you ever face a problem at work that infringes on your rights, you may want to take matters into your own hands and work with an employment lawyer, since the EEOC is unlikely to do it for you.
Source: The Kansas City Star, "EEOC received a record job discrimination complaints in 2011," Diane Stafford, Jan. 25, 2011
]]>But in Silicon Valley, home to the U.S.'s hottest technology and internet companies, competition for talent is so fierce that firms have essentially agreed not to compete with each other so they can be assured of keeping their own employees. At least, those are the allegations made in a lawsuit filed in San Jose recently.
]]> The plaintiffs claim that several major companies, including Apple and Google, had "gentleman's agreements" with each other not to lure away each other's employees. The plaintiffs claim they were harmed by these agreements because they stifled competition and impaired their freedom to seek employment wherever they wished,Spokespeople for the companies accused of wrongdoing have denied any misconduct, but the planitffs include with their lawsuit several emails (including some from recently deceased Apple CEO Steve Jobs) that seemed to acknowledge some sort of détente between them.
It will be very interesting to see how this case turns out. Its outcome could have a significant impact on the way employers are allowed to hire and retain their employees.
Source: The Indianapolis Star, "High-tech firms fight nonrecruit allegations," Jan. 30, 2012
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