Wrongful Termination Archives - Page 2 of 5

Grocery Store Chain Charged With Religious Discrimination

Title VII of the Civil Rights Act mandates that employers must attempt to make reasonable accommodations for an employee’s religious beliefs. As detailed in this article, Victaurious L. Bailey began working for Food Lion in 2011. At the time of his hire with grocery store chain, due to his commitments as a Jehovah’s Witness minister and elder, Bailey requested that he be allowed to take Sundays and Thursday evenings off. The store manager agreed to Bailey’s request.

As alleged in a recent suit filed on Bailey’s behalf, Bailey was eventually transferred to another location and told by his new store manager that he as a manager did not understand how Bailey could work for Food Lion and not work on Sundays. Bailey was subsequently fired due to his unavailability to work on Sundays.

Regional Attorney for the EEOC, Lynette A. Barnes, “Employers need to ensure that their supervisors and managers who are called upon to make decisions on employees’ requests for religious accommodations are fully knowledgeable of their obligations under federal law. Many decision makers seem to forget that unless providing a reasonable accommodation would impose an undue hardship on the company, the accommodation must be provided.”

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.

Age Discrimination Suits on the Decline

According to this Washington Post article, since 2008 charges of age discrimination with the Equal Employment Opportunity Commission have shown a slight decline. 24,582 age discrimination suits were filed with the EEOC in 2008 compared to 21, 396 filings in 2013. In contrast to the decline in the number of age complaints filed, monetary awards for such cases has increased; 2013 showing the highest amount, roughly $97.9 million, since 1997.

As detailed in a 2012 AARP survey, 77 percent of respondents between the ages of 45 to 54 said employees do face age discrimination and of those working full-time, 58 percent agreed.

Although such entities as those in Silicon Valley have shown a blatant trend in recruiting young applicants by requesting “new grads” in job descriptions, the downward swing in such cases can be attributed to different factors. Such factors include a rising economy and the fact that older applicants are faced with age discrimination at the beginning stages of the hiring process.

Kris Stadelman, director of a San Francisco based work force development and training agency, believes that due to the trend of high-tier companies hiring young applicants at high salaries, mid-tier companies are hiring older workers at a lower price point.

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

Newspaper Editor Terminated After Blogging His Religious Beliefs

A former newspaper editor has filed a complaint with the Equal Employment Opportunity Commission claiming that the he was terminated from his job due to his religious beliefs. During his employment as editor of the Newton Daily News, Bob Eschliman earned seven journalism awards, and a total of seventy awards throughout his career. According to this recent article, despite his accomplished career, Eschliman has had difficulty finding employment since his controversial departure from the Newton Daily News.

In April of this year, Eshliman authored a personal blog post criticizing a website that is focused on rewriting the Bible to make it more gay friendly. Eshliman accused the “Gaystopo” of attempting “to make their sinful nature right with God.” As a result of the blog post, Eshliman’s former employer at first suspended him without pay and ultimately terminated his employment.

In the paper’s editorial addressing the editor’s termination, John Rung stated, “Last week, he expressed an opinion in his personal blog that in no way reflects the opinion of the Newton Daily News or Shaw Media.” Further stating, “While he is entitled to his opinion, his public airing of it compromised the reputation of this newspaper and his ability to lead it.”

Former U.S. Attorney and attorney for Eshliman, Matt Whitaker stated, “No one should be fired for simply expressing his religious beliefs. In America it is against the law to fire an employee for expressing a religious belief in public.”

If you or someone you know thinks they have been wrongfully terminated or their civil rights have been violated, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.

Miner is Terminated After Voicing His Safety Concerns

Three years after his brother was killed by a piece of mining equipment, Richard Coots was terminated from his mining job after pointing out potential dangers. Mines use the Automated Temporary Roof Support System (ATRS) to help prevent cave ins. The ATRS is to be used in conjunction with roof bolting machines.

As detailed in this Huffington Post article, after he was hired to repair old roof bolts at Lone Mountain, Coots was told by a manager to stop using the ATRS. The manager explained that the work would take too long if he continued to use the system. Even though he had concerns regarding his own safety, Coots continued to work as directed.

During a staff meeting, a supervisor asked if anyone had any safety concerns.Coots voiced his concerns and was told by the mine foreman to see him after the meeting, at which time the foreman told Coots that they did not have time to use the ATRS. Coots’ employment with the mine was terminated the next day.

An application to temporarily place Coots back into his job with the mine has been submitted by the Federal Mine Safety and Health Review Commission. In its application, the Labor Department alleges that Lone Mountain disciplined and discharged Coots for expressing his safety concerns.

“What happened to Richard Coots never should have happened,” stated Coots’ attorney. In reference to the death of Coots’ brother, “You can imagine why safety would be so important to you as you continued to work in the mines.”

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

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.