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OSHA: Metro-North Violated Anti-discrimination Provisions of Federal Railroad Safety Act

The Occupational Safety and Health Act of 1970 stipulates that employers are required to provide a healthy and safe work environment for their employees.   OSHA is responsible for creating and enforcing the standards of safety measures that must be met by employers.

As described in the article OSHA: Metro-North Violated Anti-discrimination Provisions of Federal Railroad Safety Act the Connecticut Department of Labor has found that between years 2011 and 2013, Metro-North Commuter Railroad Co. violated the anti-discrimination provisions as set forth by the Federal Railroad Safety Act.

The FRSA establishes that it is illegal for railroad carriers to discipline employees who follow a physician’s orders or treatment plan. Employees of Metro-North filed a complaint with OSHA claiming that they were issued written warnings under the railroad’s attendance policy after following their physician’s orders.    As a result of such violations, OSHA ordered Metro-North to pay attorneys’ fees and $1,000 in compensatory damages for each employee.

“Metro-North’s policy of making employees ignore a treating physician’s medical instructions or face discipline is unacceptable,” states OSHA’s acting regional administrator for New England.   “While Metro-North says it has since changed this policy, this type of procedure, which endangers employees and the public an is illegal under FRSA, should not exist.”

If you or someone you know thinks they have suffered as a result of unlawful actions by an employer , the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609.

Employee’s Suit Accuses Tiffany of Racial Bias

According to the article Employee’s Suit Accuses Tiffany of Racial Bias, a director for the jewelry company Tiffany & Company accuses his employer of a “systematic, nationwide pattern and practice of racial discrimination,” in a suit filed in federal court last week.   Michael McClure, the Plaintiff in this action, claims that of the more than 200 management positions that represent Tiffany & Company, only one of these is held by an African-American employee.   This figure includes executive officers, store directors and members of the board of directors.

According to McClure’s attorney, Robert D. Kraus, the company’s past and current behavior exhibits “racial bias in the belief, conscious or otherwise, that African-Americans are not appropriate ambassadors for the iconic, luxurious and sophisticated Tiffany brand.”   The complaint alleges that after receiving consistent positive reviews throughout his long career with Tiffany, McClure received a negative performance review and the company placed him on a warning for termination, seemingly without cause.

After Tiffany initiated two internal investigations concerning Mr. McClure’s allegations, the complaint states that McClure received an anonymous interoffice envelope, describing to Mr. McClure, “Shortly after Anthony Ledru visited your market he made a comment to a small group of male market vice presidents that I think you should be made aware of. In reference to you, he expressed a surprise that ‘a black man is representing the Tiffany brand.’”

Tiffany has denied such discrimatory practices, stating, “The lawsuit allegations are completely without merit, and the many mischaracterizations will be addressed through the legal process,”

If you or someone you know thinks they have experienced discrimination due to race, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609.

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