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Atheist Files Discrimination Suit Against Employer

During his first four years of employment with Olympia Sports, Jason Rines had no issues at work. Rines’ work performance consistently met with management’s approval and he received multiple bonuses throughout his employment with the company.   As described in  this article, after a new manager was hired at the store, Hines was  forced to quit his job due to continued harassment due to his religious beliefs.

According to a complaint filed by Rines,  store manager Lori Brooks spoke about her Christianity often during working hours, making it clear that her religion plays an integral part in her life. According to the lawsuit, after finding out that Rines is an atheist, Brooks began to harass him about his beliefs.

Brooks and another coworker often spoke about religion in Hines’ presence.    On multiple occasions, despite her knowledge of his atheism, Brooks asked Hines to join her church .    And finally, Brooks  informed Rines that her intention was to hire two church members into supervisory positions at the store.

After upper management was made aware of Brooks’ behavior, they told her to “settle it down.”

In December, 2012, Brooks claimed that someone at the store had stolen money from her purse.    The store’s district manager and loss prevention manager approached Rines regarding the theft.    The complaint alleges that no  other employees were questioned about the incident.

Not many days after, Brooks’ pastor approached Rines at the store and gave him a Christmas present.   A compact disc of Christmas music and  a book authored by a former atheist.

Rines approached Brooks explaining that due to the continued harassment, it was his intent to quit his job.     According to the complaint, her reply was, “OK.”

In his claim of religious discrimination and harassment, Rines is seeking lost wages and compensatory and punitive damages under the Maine Human Rights Act, which prohibits employment discrimination due to an individual’s religion.

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.

Electric Company Pays $1 million to Settle Charges of Racial Discrimination

Companies who have more than $10,000 in federal contracts must agree to institute Affirmative Action policies and are required to maintain equal employment practices. Also they must submit to periodic audits conducted by the Department of Labor.

Since 2005, Lincoln Electric has had more than $2 million in contracts with the federal government. Based on  statistical analysis issued by the U.S. Department of Labor, from 2005 to 2007, the electric company discriminated against thousands of African American job applicants. According to the article, Lincoln Electric to Pay $1 million to Settle Federal Discrimination Claims, potential employees were asked questions that were intended to screen job applicants. Such included questions pertaining to previous experience involving physical labor and prior drug convictions, of which had little to do with the jobs in question.

As a result of such questions, Lincoln Electric did not hire 5,557 qualified individuals who were African American.  The DOL finds validity in this type of questioning for particular jobs and at a later stage of the hiring process, but to ask such questions initially, the DOL perceives as questionable. The $1 million settlement will be dispersed among the rejected applicants, equaling approximately $180 per person. Lincoln Electric has agreed to cease its past practices and hire 48 people into positions as  they become available.

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) 369-3609or use our contact form.

Obama Drafting Executive Order on LGBT Job Discrimination

As detailed in this Huffington Post article, the Employment Nondiscrimination Act (ENDA), passed by Congress, but currently stalled in the house, would ban employers nationwide from firing or harassing employees based on their sexual orientation or gender identity. Due to the house’s indecision, it is expected that it will be another two years before the bill is passed.

According to a White House official, in an attempt to circumvent this unnecessary time frame, President Barack Obama has requested that an executive order be drafted that would protect lesbian, gay, bisexual, and transgender (LGBT) employees of federal contractors.

Currently there are no federal laws that adequately protect the LGBT community from workplace discrimination. In 32 states, it is still legal to terminate an individual’s employment simply because of their sexual orientation. The proposed order  will “build upon existing protections, which generally prohibit federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin.” stated the White House official, further elaborating, “Today, millions of Americans in most states of the country go to work every day knowing they could lose their jobs simply because of who they are and who they love.”

What has been described as the new civil rights movement, LGBT rights are in the forefront of the nation’s issues. 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) 369-3609or use our contact form.

Alabama State University Professor Files Reverse Discrimination Suit

After he complained to school officials that be believed that applicants were denied employment opportunities with the school due to their race, an Alabama State University professor alleges he was met with retaliation. According to the article, White Professor Sues ASU for Reverse Discrimination, Dr. John Garland alleges that as a result of his speaking out, he was transferred to a job that had a lower salary, his profile was removed from the university website, and he was moved to an office that did not have such things as a working computer, phone extensions, or mail service, all of which contributed to a sense of isolation.

In a suit filed against the university, Dr. Garland claims to have witnessed an ASU diversity officer complain at a campus forum that there were too many whites on the school’s faculty. He alleges that he witnessed a faculty member say that only the African American applicants were suited to teach African American students, and that members of a search committee stated that their primary goal should be to hire someone who was female and black. The suit also alleges that after Garland’s partner was appointed Dean of the College of Health Sciences, some of the faculty members expressed concern that the department was becoming too white and began to call it the “White House.”

Counsel for Dr. Garland stated, “There is a powerful institution here attempting to crush employees because they have protested against illegalities and because of who they are.”

In 2013, an appellate court upheld a decision to award more than $1 million in damages to three women in a sexual and racial discrimination suit against ASU. The three judge panel stated it was, “unnerved by the apparent acquiescence to, if not outright condoning of, the abusive work environment created by (the university’s) high-level employees.”

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 or use our contact form.

Trucking Company to Pay $42,000 in Retaliation Lawsuit

Believing she was being paid less than her male coworkers, on several occasions a female truck driver approached her superiors to discuss her perceived pay disparity. Tina Thompson was fired from her employment with the commercial trucking company one day after sending a text to the owner of the company stating that she believed she was being paid less than her male coworkers due to the fact that is female. After a failed attempt to settle the dispute between the worker and  the trucking company, the U.S. Equal Employment Opportunity Commission filed suit against Winebrenner Transfer, Inc. for wage discrimination and retaliation, alleging violation of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964.

In the the EEOC’s press release regarding this action, EEOC regional attorney Debra M. Lawrence stated, “Addressing gender based pay discrimination and eliminating employment practices that discourage individuals form exercising their rights under our statutes are two of the agency’s national priority issues.”

A U.S. District Court awarded Ms. Thompson $21,000 in back pay and $21,000 in liquidated damages. In addition to the monetary award, the trucking company is required to implement and disseminate an anti-discrimination policy and complaint procedure to all employees and applicants of the company. As required by the court, the owner and vice president of the trucking company will take an anti-discrimination course.

“If an employee complains about pay discrimination, or any form of illegal discrimination, the best course of action for the employer is to investigate and take appropriate action to correct the situation,” stated EEOC District Director, Spencer H. Lewis.

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

 

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