Employment Discrimination Archives - Page 2 of 7

Order: Wal-Mart sanctioned for spoliation of videotape evidence in employment discrimination case

We recently obtained an order in the case of Abdulahi v. Wal-Mart, sanctioning Wal-Mart for its failure to preserve evidence relating to our client’s termination. This was an employment discrimination and retaliation case brought based on our client’s termination. You can find the full order below.

Order on Spoliation Motion – Abdulahi v. Wal-Mart Stores, LP by James Radford

A number of outlets have covered the story. Thanks to the Fulton County Daily Report and Win-Win HR for their stories. The links are below:

Fulton County Daily Report Article

Article on Win-Win HR

Chik-fil-A Under Fire For Demotion of Breast Cancer Survivor

According to a recent report from 7News in Thornton, Colorado, Daphne Richards was demoted from her management position at a local Chick-fil-A restaurant when she returned to work after undergoing a double mastectomy. Chick-fil-A management also informed Richards that her hours would be cut, her pay decreased and that she would no longer receive insurance benefits.

Attorney for Chick-fil-A, Frederick Schaefer, stated the decision to reduce Richards’ hours was because the store’s owner, “was concerned about the effect of a full-time workload after traumatic surgery.” And, according to Schaefer, the decision was due to Richards’ performance issues, stating, “Daphne had been written up a number of times, at least two times prior to the medical leave.” In response to the latter, Richards denies that she received any write ups and has in her possession correspondence from the store’s owner praising her performance from April of this year.

At the request of 7News, Richards’ confidential personnel file was produced to the station. Employment attorney and law professor, Whitney Traylor, said of the file that due to various reasons the documents are, in his opinion, suspect. One document that has been produced provides this from the store’s owner regarding Richards’ performance, that she “has been distracted with doctor’s appointments and has needed to take time off frequently.”

Other documents provide that Richards’ attitude and decision making skills were in question, and such things as trimming her nails and clocking in early were at issue as well. Suspect to Traylor, the write-ups are not signed by Richards or any witness that could verify that such documents were provided to Richards.

Richards has filed a discrimination charge with the Colorado Civil Rights Commission.

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

Philadelphia School District Settles Religious Discrimination Lawsuit

On behalf of Siddiq Abu-Bakr, the Department of Justice filed suit against the School District of Philadelphia for alleged religious discrimination. Abu-Bakr has worked for the school district as a police officer for 27 years and is Muslim. In 2010, the district implemented a policy that prohibits school police officers from having facial hair that is longer than one quarter inch. In observance of his Islamic faith, Abu-Bakr maintains a beard that is longer than a quarter inch.

As described in this article, when Abu-Bakr requested religious accommodation from the district to maintain his beard length, the district denied his request, and according to the suit, the district maintained a policy denying religious accommodation to school police officers in regards to beard length.

The lawsuit argues that by failing to accommodate Abu-Bakr and other similarly situated employees,the school district was in strict violation Title VII of the Civil Rights Act of 1964. The settlement reached between the school district and the United States requires that the district implement a revised school police officer policy which allows officers the opportunity to request religious accommodation without fear of negative repercussions from the district. The school district has also agreed to provide religious accommodation training to all supervisors, managers, human resource officials and other individuals who may be benefit from such training.

Attorney for the Civil Rights Division, “We are pleased that the school district of Philadelphia has agreed to develop a revised policy that will allow school police officers to request religious accommodations without posing an undue hardship on the school district.”

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

Pharmaceutical Company Faces Two Charges of Pregnancy Discrimination

A Texas pharmaceutical company faces charges of discrimination after firing two pregnant employees. The two former employees of Pharmacy Solutions allege in their lawsuit that the owner of the company began the discriminatory treatment towards them after each informed him of her pregnancy.

Arian Lemon, former pharmacist for the company, alleges that after she requested time off for doctor appointments, management began to make disparaging remarks and terminated her three months after she took maternity leave. Emilee Stephens, former pharmacy technician, faced similar discriminatory treatment after informing management she was pregnant and was ultimately terminated from the company in 2013.

As detailed in this article, the EEOC has filed approximately 45 complaints for alleged pregnancy discrimination, resulting in $3.5 million in damages. In order to deter future discrimination, injunctive relief has been awarded against employers as well.

In the wake of the EEOC’s restructuring its policies on discrimination against pregnant workers, EEOC Regional Attorney, Robert Canino, “I am surprised that this issue continues to be a recurring theme in the workplace in this day and age. We hope that by continuing to increase public awareness through our law enforcement efforts, we will see more of an awakening by some companies about the right of a woman to hold on to her job and earn a living when she is expecting and during maternity leave.”

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

Nursing Home Agrees To Pay Deaf Applicant $75,000

As detailed in this article, Stefan Denisiuk interviewed for for an open assistant cook position at a New Jersey nursing home, Holly Manor, and was informed that he had the job. Nursing home management later contacted Denisiuk and requested that he participate in a second interview. It was during this interview that Denisiuk was questioned about his communication abilities. According to a suit filed by the EEOC, the nursing home did not hire Denisiuk due to his hearing impairment.

A spokesperson for the Holly Manor stated, “Holly Manor and Genesis Healthcare are equal opportunity employers. We do not tolerate discrimination of any kind.”

In addition to the $$75,000 to be paid to Denisiuk as part of a consent decree reached between the parties, Holly Manor will change the job descriptions for the positions in question and will ensure that future applicants with disabilities will be given fair opportunity for jobs that they are qualified.

The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals due to a disability.

Regional attorney for the EEOC, “This case sends a message that is at the heart of the ADA: Job applicants with disabilities should be judged on their ability to do the job and should not be rejected based on preconceived, unfounded notions about their limitations.”

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