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Dialysis Clinic is Sued for Alleged Disability Discrimination

Francisca Lee worked as a nurse at Dialysis Clinic, Inc. for fourteen years. According to a recent suit filed by the EEOC, after Lee was diagnosed with cancer, she took medical leave to undergo a mastectomy and chemotherapy.

The dialysis clinic terminated Lee’s employment after four months, stating she had exceeded the time limit as stated in the company’s medical leave policy.

According to this article, Lee was told that if she wished to work at the clinic again,  she would need to reapply for an open position. After doing so, Lee’s application was rejected and according to the suit, Dialysis Clinic, Inc. instead hired a newly licensed nurse.

A spokeswoman for Dialysis Clinic, Inc. denies the allegations made in the complaint, stating, “DCI is proud of its record of employing and making accommodations for persons with disabilities, both in general and in this instance in particular.”

Regional EEOC Attorney William R. Tamayo, “I would urge employers to be flexible concerning leave extensions if it causes no undue hardship. Ms. Lee has over 30 years’ experience in dialysis treatment and really wanted to work.”

Lee is currently employed as a full time nurse for another dialysis company.

If you or someone you know thinks they have been discriminated against due to a disability, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.

Former Yahoo Software Engineer Sues Female Tech Executive for Sexual Harassment

Last week, Nan Shi filed a complaint against Google executive Maria Zhang for claims of sexual harassment, emotional distress and wrongful termination.

As detailed in this CNN article, the complaint alleges that in exchange for oral and digital sex, Zhang promised Shi a bright future at Yahoo. Shi claims to have been coerced into such activity on multiple occasions. The complaint alleges that after rejecting Zhang’s sexual advances, Shi began to receive poor performance reviews and assignments that were beneath her skill set.   Zhang at one time told Shi that she had the power to take everything away from her.

According to Shi’s attorneys, the two women had not engaged in an intimate relationship previous to the allegations made in the suit.

A spokesperson for Yahoo stated, “There is absolutely no basis or truth to the allegations. Maria is an exemplary Yahoo executive and we intend to fight vigorously to clear her name.”

Although this action is between two females, attorney for Shi, Mathew Da Vega stated, “You’ll see more sexual harassment cases in Silicon Valley because of the male dominated culture.”

If you or someone you know thinks they have experienced sexual harassment, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.

Kroger Named in Suit for Alleged Nonpayment of Overtime

In a suit filed in a California court last week, allegations of nonpayment of overtime have been  made against Kroger Co. The complaint alleges that Kroger, along with other entities named in the suit, failed to pay drivers, dispatchers, and delivery support staff wages and overtime.

In addition to Jesse Blanco, lead plaintiff in the action, similarly situated employees are named in the action as well.

As alleged in the complaint, the stores routinely required plaintiffs to work more than eight hours per day and, in some instances, more than twelve hours per day. At times, plaintiffs were required to work more than forty hours per week,  in some instances, seven days for extended time periods.

Additional allegations in the suit allege failure to provide meal and rest periods for plaintiffs, failure to provide accurate itemized wage statements to plaintiffs, and failure to pay wages to plaintiffs upon separation.

If you or someone you know thinks they have experienced unlawful employment practices, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.

EEOC Updates Its Pregnancy Discrimination Guidelines

In a strong move to deter the upward rise in pregnancy discrimination, for the first time in thirty years, the Equal Employment Opportunity Commission has updated its pregnancy guidelines.

As described in this article, Chairwoman for the EEOC, Jacqueline A. Berrien, stated, “Despite much progress, we continue to see a significant number of charges alleging pregnancy discrimination, and our investigations have revealed the persistence of overt pregnancy discrimination, as well as the emergence of more subtle discriminatory practices.”

According to the latest EEOC data, between 1997 to 2011 there was a 46 percent increase in pregnancy related complaints to the EEOC.

In part, the new guidelines bar employers from forcing pregnant employees to take leave, and provides that employers may be required to provide light duty to pregnant employees as needed. In addition, the updated EEOC guidelines provide that similarly situated male employees shall be given the same rights as women in regards to parental leave.

The EEOC’s new pregnancy guidelines set forth how the Americans With Disabilities Act is applicable to pregnant workers.  They also make clear that any discrimination and/or harassment based on past, present or future pregnancy against any woman is strictly illegal.

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

 

 

 

Recent $3 Million Settlement Is One of Many in New York Wrongful-Conviction Cases

Jabbar Collins spent 15 years in prison for the murder a rabbi. Throughout the legal process, Collins maintained his innocence. While incarcerated, the convicted murderer researched the law and his case.  Collins conducted witness interviews and drafted appeals, all in an effort to one day prove his innocence.

According to this New York Times article, after years of working to prove his innocence on his own, Collins hired attorney Joel B. Rudin. Rudin filed a motion on Collins’ behalf, arguing that key material had been held by prosecutors and they knowingly presented false evidence testimony during the trial. As a result of such efforts, the District Attorney’s office agreed to clear Mr. Collins name and under the Unjust Conviction Act, the parties agreed to a $3.5 settlement.

Collins’ settlement represents only one of many the New York City District Attorney’s office has settled since 2000.  In total, 66 wrongful-conviction claims have been settled, Collins’ being the seventh largest.

Mr Collins, who works as  a paralegal now, had this to say regarding his post incarceration, “I still have nightmares.   Waking up and thinking that I’m still there, that I was dreaming about this part of my life.”

If you or someone you know has been falsely arrested, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.