James Patrick Stoughton suffers from autism and dyslexia.   Despite this,  he has worked in three Target stores since 1993.    In addition to his mental disability, Stoughton has two rods in his back that impair his mobile function.

Stroughton, who is white,  claims that beginning in 2009  he was subjected to harassment at the hands of his coworkers and direct supervisor, most of whom were African American.    After he reported the alleged hostile behavior to Human Resources,  Stroughton says that the harassment worsened, claiming that his coworkers taunted and made false accusations about him.

As detailed in this article,  in addition to the increased harassment against him, Stroughton claims that his hours were reduced from 35-40 per week to 5 hours a week.    As a result of this drastic reduction in his hours, he lost his benefits.

Stroughton has filed his claim with EEOC for charges of disability discrimination, race and color discrimination and retaliation.   He seeks damages, reinstatement or front pay, compensatory and punitive damages, and attorney’s fees.

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

In October 2013, District Judge Kevin Castel ruled that unpaid workers were ineligible to make claims of discrimination and harassment.   Subsequent to Judge Castel’s  decision, New York State Senator Liz Krueger introduced a bill that  New York State Governor Andrew Cuomo signed into law this week.     The Act  makes it  unlawful for employers to discriminate against interns, making this the fourth jurisdiction to pass such legislation.

The Act defines an intern as a person who performs work for an employer for the purpose of training.   The new legislation makes it unlawful for employers to discriminate against an intern or intern applicant based on their membership of a multitude of categories as defined by the NYSHRL.   It also bars employers from subjecting interns to any unwelcome verbal or physical conduct of a sexual nature.   The Act protects interns who are pregnant as well, making it unlawful for employers to compel a pregnant intern to take a leave of absence.

According to this Forbes article, in an effort to protect employers, the text of the Act should  not be interpreted  as “creating an employment relationship between an employer and an intern.”   This also addresses the issue that is currently making its way through the judicial system regarding interns  and their entitlement to be paid wages like employees.

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

The District of Columbia hired offshore firm Infosys to build its Healthcare Exchange. The company, which is based out of India, brought in H-1B visa holders to work on the massive healthcare project. As alleged in a federal lawsuit, only three of the 100 Infosys employees working on the project were American.

Layla Bolten, one of the Plaintiffs  in a lawsuit filed against Infosys,  has worked in IT since 1996. She holds a degree in computer science and is an experienced tester. As described in this article, Bolten’s suit alleges that her supervisors excluded her from workplace conversations by speaking Hindi, she was harassed because she is not Indian, and workers with less experience were promoted over her. According to Bolten, it was this hostile work environment that led her to quit her job.

According to the lawsuit, the majority of Infosys’ workforce, “roughly 90%,” is South Asian. A number that could indicate intentional employment discrimination.

While the Plaintiffs in this action make a claim of discrimination based on national origin, discrimination based on an individual’s race, age and sex is a major criticism of the H-1B visa program.

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