Tennessee Employment Lawyer Blog

In Tennessee and all across the United States, employees with disabilities are supposed to be given reasonable accommodations that allow them to be able to work better according to the Americans with Disabilities Act. However, some companies fail to provide these accommodations and may even go as far as to fire an employee when they are asked to provide the accommodations for them. A recent lawsuit claims that Wal-Mart denied a twelve-year employee of its Tennessee distribution center a reasonable accommodation after he had cancer surgery which meant that he suffered weakness in his right shoulder. The lawsuit is also claiming that Wal-mart terminated him in retaliation for complaining about the company’s refusal to accommodate him.

This employee had been a successful forklift driver after his surgery. He had requested that Wal-mart not require him to cover a twenty minute break in the shipping department because it would require manual lifting. Wal-mart denied him the accommodation and discharged him. They claimed that he could not perform the essential functions of his job. The lawsuit was filed by the EEOC on the employee’s behalf after first trying to reach a pre-litigation settlement. This case was among the EEOC first lawsuits filed under the Americans with Disabilities Amendments Act of 2008 or the ADAA.

According to the settlement, Wal-mart will pay $275,000 and has to agree to an eighteen month consent decree which prevents them from further failing to provide reasonable accommodations, absent undue hardship or failing to follow proper procedures for handling requests that deal with the ADA or ADAA. This decree also requires Wal-mart to provide anti-disability discrimination training to its management staff, maintain records of any accommodation requests and furnish them to the EEOC and post a notice to employees about the lawsuit that includes the EEOC’s contact information.

Continue reading "Tennessee Wal-Mart Employee Terminated After Cancer Surgery " »

In Tennessee as well as all across the country, employees are not allowed to be discriminated against for their age, gender, disability, medical condition and even for pregnancy. If an employee faces discrimination for these reasons, it may go against their rights under the Family Medical Leave Act and the Pregnancy Discrimination Act. If you or someone you know feels like you have been discriminated against at your workplace or terminated for any of these reasons, then you should speak with a Tennessee employment and FMLA lawyer right away. They will work with you to determine your case and make sure you get the compensation you deserve by law.

According to this lawsuit, Ashley Shelton was placed on family medical leave in January when she was placed on bed rest indefinitely as a result of premature contractions during her pregnancy. At the time, she worked for Synergy Care Inc. In February Shelton was terminated from her job via an e-mail from her supervisor. Shelton then filed a lawsuit against Synergy Care Inc claiming Synergy hired another employee, Katy Shipp, in early 2011, when they learned that Shelton was pregnant.

The lawsuit also is accusing Synergy of interfering with Shelton entitlement to FMLA, violating the Pregnancy Discrimination Act and the Americans with Disabilities Act. Shelton is seeking damages for lost wages, salary, employment benefits, emotional pain and suffering, inconvenience, mental anguish, non pecuniary losses, punitive damages, interest, and attorney’s fees. A jury trial has been requested for the case.

Continue reading "Woman Files Lawsuit over Pregnancy Discrimination " »

In this case, The Equal Employment Opportunity Commission filed a lawsuit against the Starbucks Company for allegedly denying Elsa Sallard, who has dwarfism, reasonable accommodations and firing her from one of their locations. According the EEOC and the lawsuit, during an orientation, Sallard suggested that she could use a stool so she could more easily perform some of the tasks of her job. Later that day, Sallard was fired because the Starbucks Company claimed that she would put customers and employees “in danger.” The EEOC claimed that this action by the Starbucks Company violated The Americans with Disabilities Act. The Starbucks Company agreed to pay $75,000 to Sallard and to provide ADA training to all Starbucks managers and supervisors.

It is always puzzling to me as to why an employer will choose to fire a good employee instead of complying with the ADA and providing a reasonable accommodation. Not only is it against the law to treat someone this way but it is just wrong. It is all to common that a company abandons common sense and places profits over their people. Sad.

Continue reading "Starbucks Company Settles Disability Discrimination Lawsuit " »

In Tennessee and all across the country, employees have certain rights when they have to take family or medical leave. However, if you are an employee in the military these rights may be a little different and how they are enforced by a company or under the law may be a little different as well. If you are an employee who also serves in the military and are curious about how your rights are enforced under the Uniformed Services Employment and Reemployment Rights Act or USERRA, then you should speak with a Tennessee employment USERRA lawyer right away. They will answer any questions you may have and talk to you about whether or not you may be entitled to any compensation.

If a company or business is found to be in violation of USERRA, then the employee may file a claim with the Secretary of Defense or file an independent USERRA lawsuit with a military lawyer or other private employment lawyer in court. If a case is filed with the Secretary of Defense and the Secretary is not able to help the employee in upholding their rights under USERRA, then the employee can ask that the Secretary refer their case to the Attorney General in order to file a USERRA lawsuit or hire a military or private lawyer to file the lawsuit.

If an employee decides to file a USERRA lawsuit, a court has several options which include the following: they can force the company to abide by USERRA, they can compensate the employee for any lost wages or benefits they may be entitled to due to the failure of the company to abide by USERRA, or they can require the company to pay twice the amount of lost wages and benefits if it is decided that the company did violate USERRA willingly. Also, the employee is allowed to recover any attorney’s fees and costs that are related to the USERRA lawsuit. However, if an employee loses the lawsuit, he is not required pay any attorney’s fees or costs acquired by their employer.

There are no statutes of limitations on a USERRA claim. A lawsuit may be filed at any time in order to recover lost wages or benefits. However, the time that a USERRA lawsuit is filed may impact the other rewards a court may give. For instance, a court may not be able to require that a company rehire someone as is their right under USERRA, if the employees files the lawsuit years after the military leave took place.

Continue reading "How Rights are Enforced under Uniformed Services Employment and Reemployment Rights Act" »

When Tennessee workers and workers throughout the country take medical or another type of leave from work, they may be expected to take another position when they return from leave or they may lose some benefits. However if you are an employee that serves in the military and you have to take leave for war or a national emergency then you apply for rights under the Uniformed Services Employment and Reemployment Rights Act or USERRA, and different seniority and benefits may apply to your case. If you have questions about your rights under USERRA, then you should speak to a Tennessee employment USERRA lawyer right away. They will answer any questions you may have and help make sure your rights are protected under USERRA.

When it comes to seniority in your job and benefits under USERRA, an employee returning from military leave is entitled to the same seniority and job as though the employee never left. This means that the seniority applies even when the employee is on leave. An exception to this is if the employee is not qualified for this position or if they have become unable to perform the duties of the position due to injury. When the employee is not qualified for the position that they are supposed to have seniority for, under USERRA, it is required that the company train or assist the employee in meeting the qualifications for the position. If this not possible, USERRA requires that a company rehire the employee for the next possible position for which they are or will become qualified. The USERRA also requires a company to make reasonable accommodations for an employee that became disabled or injured while on leave.

The USERRA also entitles an employee returning from leave to any benefits of seniority as if they had not left for leave. These benefits may include medical and pension benefits which a company is expected to provide while the employee is on leave. However, the employee must still pay part of the benefits that they would be expected to pay if they were still employed. The USERRA does not provide any rights for employee that they would not already have had, had they not taken leave.

Continue reading "How Seniority and Benefits Apply Under the Uniformed Services Employment and Reemployment Rights Act " »

In Tennessee and all across the United States when employees take leave for a certain amount of time, they are typically informed about their rights before taking the leave and also told that if their position is no longer needed while they are on leave, they may return to a different position with equal pay or they may be let go. If you are in the military and you take leave to go to war or for a national emergency your reemployment rights are a bit different under the Uniformed Services Employment and Reemployment Rights Act or USERRA. If you or someone you care about is in the military and you have questions or concerns about these rights you should speak with a Tennessee USERRA employment lawyer right away. They will answer any questions you may have and help you with your case.

Under USERRA, employers are not allowed to discriminate against anyone serving in the armed forces or retaliate against them after they return from military leave. This act also obligates businesses to rehire or reemploy military employees when they return from military leave or duty whether they are active or inactive military employees. However, the employee must provide the business with advance notice before military leave unless it is not possible by military necessity, in order to qualify for rehire under USERRA. If a military employee protected under USERRA is seeking reemployment they must do so quickly.

If the time needed for the leave was less than thirty-one days, then USERRA requires that the employee return to the business or workplace the next working day after the leave. If the leave was for less than one hundred and eighty one days but more than thirty, the employee has fourteen days to seek reemployment. If the leave was for more than one hundred and eighty days, then the employee has ninety days to seek reemployment. If the employee is injured or suffering from an illness after their leave, then USERRA permits the employee to wait up to two years in order to recover before seeking reemployment. If an employee does not report or reapply within the required time period they do not automatically lose their entitlement to rights and benefits under USERRA. The business or place of work is still required to apply its general disciplinary rules or guidelines even if the military employee returning from leave does not meet the proper deadlines.

Some exceptions to these rights under USERRA include the combined time away from a job for military leave will not be covered if it is for more than five years. Also, if a business or workplace can provide proof that it is impossible or unreasonable to rehire the employee because it would place a burden on the business or if the position was only intended for a short time, then the business is not required to rehire the employee under USERRA.

Continue reading "Uniformed Services Employment and Reemployment Rights Act Offers Certain Reemployment Rights to Military Employees" »

For Tennessee workers and workers throughout the country, when you take a leave of absence from work your employment is usually not guaranteed and you may face termination if your position is no longer needed when you return or you may be moved to another position upon your return. However, the Uniformed Services Employment and Reemployment Rights Act or USERRA allows those employees taking military leave to return to their positions and does not allow them to be terminated by an employer for the first one hundred and eighty days or to be discriminated against by employees. If you or someone you love services in the military and you feel that you were unfairly terminated after your leave, then you should speak with a Tennessee employment lawyer about your USERRA rights. They will help you receive the compensation you deserve.

The USERRA also allows The President of the United States to extend protect under the act to others in times of war or a national emergency. This act provides protections such as not allowing discrimination from employers, requiring a company to rehire or return someone to their position or a similar position with seniority as if the person never left, and requires employers to maintain the employee’s health and other benefits while they are in the service. USERRA pertains to private employment as well as state and federal employment.
This act does not permit discrimination in the hiring, promotion, reemployment, or any other benefits of employment to employees who are serving in the military and take a leave of absence. This act also does not allow retaliation against these employees and will help anyone enforcing their rights under USERRA.

Continue reading "USERRA Allows Military Personnel to Take Leave without Employment Termination Risk " »

Tennessee workers and workers all across the country have certain expectations when they go to work. They expect to be treated with respect and dignity and to be treated fairly. Unfortunately, in many workplaces this does not always happen. Many workers face discrimination based on their race, gender, sexual orientation, and even weight. This is not fair to any employee and it is also against the law. If you feel that you have been discriminated against for any reason while at work, then you should speak with a Tennessee employment lawyer right away. They will hear your case and make sure you get the compensation and respect you deserve.

In this case, fifty-two Filipino nurses and other medical staff filed a lawsuit against their employer, Delano Regional Medical Center, claiming that the hospital banned them from speaking Tagalog and other Filipino languages, even though they still allowed other employees to speak Spanish and Hindi. These workers are hoping to join a complaint filed in August in Kern County over the hospital enforcing a rule that requires their employees to speak English.

In 2006, Filipino workers were called to a meeting and told to speak only English and were also told that surveillance cameras would be installed, if needed, to monitor them. Since the meeting, Filipino workers said they were told on a regular basis to speak only English even on their break time.

Elnora Cayme, who worked for the hospital from 1980 to 2008, stated that, "I felt like people were always watching us, even when we spoke English ... people would come and approach us and tell us, 'English only.' “According to the lawsuit filed by the EEOC, the hospital in California's San Joaquin Valley has created a hostile environment for Filipinos to work in by singling them out for punishments and expecting other workers to report them. The workers in this case, are seeking that the English-only rule to be changed, and for staff to be trained on the new rule.

In these tough economic times, it is difficult for everyone, including Tennessee residents, to find a job and unemployment is on the rise. However, for people that have disabilities such as being sight impaired the difficult task of finding a job becomes even more difficult. There are many organizations and programs all across the country though, that help these individuals find employment. This is why it is unfortunate and sad when we discover that even some of these organizations discriminate against their employees because of these disabilities. If you feel that you have been discriminated against at work because of a disability, medical condition or other situation, it is important that you speak with a Tennessee employment lawyer right away. They will help work with you to make sure you get the compensation you deserve and that you rights are upheld.

In Nebraska a nonprofit organization that supposedly helps blind people to find jobs, Outlook Nebraska Inc, is being accused by their blind employees, who claim they are not allowed to file for supervisory positions and that employees who do not have sight impairments are treated better. The lawsuit filed by the National Federation of the Blind of Nebraska Inc in U.S. District Court in Omaha, also claims that its blind employees receive less pay than their co-workers without sight impairments. The lawsuit goes on to claim that, "Some blind workers have been specifically told that they will not be allowed to manage because they cannot see.”

The lawsuit was filed on behalf of the blind employees of Outlook Nebraska Inc and is seeking an injunction to prevent the organization from discriminating against its blind employees and also compensation for these employees. According to the lawsuit, Outlook Nebraska Inc promotes employment for the blind and also makes paper products for the government. Federal law states that seventy-five percent of the work must be done by blind employees in order to receive government funding.

Continue reading "Nonprofit Company that Helps Sight Impaired Workers Faces Discrimination Lawsuit" »

Vegas car dealers Shack-Findlay recently found themselves being sued by the Equal Employment Opportunity Commission for racial discrimination and harassment. The suit is seeking backpay, reinstatement, implementation of new company policies and an permanent injunction against any further discrimination.

Two African-American men claim that while they were employed by the auto dealer they had to endure racial slurs, ethnic jokes and a hostile workplace because of their race. They also claim they were the victims of retaliation. The men haven't worked for the company for more than three years.

An internal investigation by the company turned up nothing. The EEOC won't say what information it has that led to the bringing of the suit.

Continue reading "Auto Dealers Being Sued for Racial Discrimination" »

In Tennessee and all across the country, when workers feel that their employment rights have been violated or that they were fired from their jobs without a good reason, it used to be more difficult to file a lawsuit against a former employer for this reason. This usually left many Tennessee workers without many options except for to get a new job and move on and hope that the company learned its lesson. Now however, the Tennessee Supreme Court has reversed a precedent which will make it easier for Tennessee workers to file a lawsuit against a former employer if they feel they were fired illegally. If you have questions on how this may affect your case or if you feel you were fired illegally, you should speak with a Tennessee employment lawyer right away. They will help answer your questions and make sure that you get the compensation that is rightfully yours.
In a court ruling of 3-2 last week, employers must now prove that a workers’ claim of discrimination or retaliation are false or possibly be faced with a trial. Before this decision, it was up to an employee to prove that they were wrongfully fired and this was often very difficult to do because most employers will not say, “I'm firing you because you're black' or 'because you're over 40,''' said Wade Cowan, the attorney for the plaintiff in the case, Gossett v. Tractor Supply Co. Inc.

In federal court, more than forty percent of cases were an employee had to prove they were illegally fired, never got the chance to go to trial before their cases would be dismissed, according to the American Bar Association. Before this decision, Tennessee used the federal model for determining whether or not these cases should go to trial. Many businesses fear that this will hurt small businesses and increase Tennessee business costs in general. Other attorneys think that this will give employees a right to present their case and not have it dismissed before it is even heard.

This decision will not only affect the number of cases that go to trial but also increase settlement values and have most Tennessee employment cases getting filed in state courts instead of federal ones.

Continue reading "Tennessee Court makes it Easier to File a Lawsuit against an Employer for Illegal Firings " »

Technology is changing everywhere and part of this technology is the use of cell phones and texting ability. Many of us across the country and right here in Tennessee use cell phones each day, and may even be guilty of texting while at work a time or two, but a new ruling has allowed employers to read personal text messages of employees when the text messaging service is supplied by the employer or when it is violation of work rules.

This ruling is very important because it discusses employment and privacy rights and laws. This ruling also questioned the Fourth Amendment ban on “unreasonable searches” and questions whether this puts limits on public employers, mostly due to a privacy lawsuit filed by police officer, Sgt. Jeff Quon in Ontario, California, when the department’s chief of police Lloyd Scharf decided to read some of the text messages being sent using the department’s texting pagers. The lawsuit found that Sgt. Jeff Quon was texting personal messages to his ex-wife and girlfriend, using these pagers. After this happened, Sgt. Jeff Quon sued on the basis of privacy and won his case. However, this ruling the law favors the employer not the employee and the employee has “limited privacy expectation” when using a texting pager supplied by the department.

The search was considered reasonable because it was for a legitimate work-related reason and was not excessive. This ruling was thought to be very narrow and does not dispute all the issues that will come up in the future concerning technology and privacy rights for employees and their employers.

Many of us here in Tennessee and around the world, use technology such as computers, cell phones, and text messaging every day. However, maybe this ruling will be a wakeup call to many people that sometimes privacy laws and rights do not apply in some cases involving technology and the workplace. If you or your loved one have any questions or concerns about how this may affect you and your privacy, we encourage you to contact one of our experienced and caring Tennessee employment attorneys right away. We will hear your case, answer your questions and make sure your rights are being well protected.

These days with the rough economy, it is hard enough to find work and then if you do, you may find that some employers discriminate against certain employees. This should not happen, but there are still many cases in which it does, even in Tennessee.
On April 21, 2010, a waiter at the Ritz-Carlton hotel in Naples, Florida filed a discrimination against the hotel , its vice president and managing director, because they allowed a couple to make a “no colored” waitress request. This discrimination lawsuit was filed under Section 1981 Title 42 of the Civil Rights Act and is connected to the “contracts with employees and employer contract”.

The waiter, Wadner Tranchant, said that the couple Rodney Morgan made a discriminatory request and told the staff that they did not want to be served by any “people of color” or waiters with “foreign accents”. The hotel manager and vice president then allegedly entered this request into the hotel’s computer system.

The lawsuit also alleges that when the waiter who worked at the hotel for 15 years, attempted to serve the couple on March 12th, his supervisors did not allow him to serve them based upon the family’s biased request and reservation for “banquette seating”. The waiter also said this was not the first time the hotel allowed prejudice requests.

Continue reading "Discrimination Charge Filed by Waiter of Ritz-Carlton due to racial prejudice " »

Even the residents here in Tennessee know about Wal-mart and all of their success. Many of us also know about the problems they have faced over employee issues and much more. So, this new story may not come as much of shock to many across the country and here in Tennessee.

Wal-Mart may owe billions in legal damages due to a divided federal courting in San Francisco that ruled on Monday April 26, 2010, a massive class action suit which alleges gender discrimination over pay for female workers. In the 6-5 ruling the 9th Circuit U.S. Court of Appeals said that the world’s largest private employer will have to face charges in trial that allege that it pays women less than men for the same jobs and that the female employees get fewer promotions and have to wait longer for these promotions than male employees.

Wal-Mart has tried to fight this lawsuit since it was first filed in federal court in San Francisco in 2001. It lost two previous rulings in trial court and appeals court in 2007. Wal-Mart was able to convince the appeals court to revisit the case in 2007 with a larger eleven judge panel. They argued that women who allege discrimination should file individual lawsuits. They also argued that the case was too big to defend.

“In this case six women who have worked in thirteen Wal-mart’s 3,400 seek to represent every woman who has worked in those stores over the course of the last decade- a class estimated in 2001 to include more than 1.5 million women.”

The appeals court told the trial judge to reconsider awarding punitive damages as well.
We all know that over the years, Wal-Mart has faced several similar allegations and problems and maybe now their employment practices will finally improve.

Continue reading "Wal-Mart May Face Massive Class Action Suit in Trial" »

After you have struggled with an employer or company over your compensation or different employment rights, you may feel very frustrated and confused. You want to be able to hire the best Tennessee employment attorney possible, but you may not know how to go about doing this or you may worry that you may choose the wrong one. Here are some tips to help get you started. This way you can pick the best employment attorney possible for your case.

First, it may be a good idea to talk with friends and family and even coworkers. They may have had employment disputes before and may be able to recommend a good Tennessee employment attorney for you. It will also help you to feel reassured knowing a close friend or family member trusts them, so you should too. It also may be a good idea to contact your Tennessee Bar Association. They may have a referral system you can use and may be able to give the name of the best attorney there may be for your specific case.

After you get the names of a few employment attorneys, it is a good idea to do some research. Go online to their website and check out their experience, the cases they have handled and any other organizations they may be a part of. It also may be important to give them a call and ask any questions you may have. This will let you know what you can expect when you meet with them and if they help you with your case.

When you meet with Tennessee Employment attorneys, it is always a good idea to ask about their experience and if they have any previous clients you may be able to call for a reference. It is also a good idea to ask about the fees and additional costs they may have. It is important to ask for an estimated cost if they were to take on your case.

All of these tips and suggestions can help you make the important decision about which Tennessee Employment attorney to choose. It is also best to trust your instincts and go with what makes you the most comfortable. The Tennessee employment attorneys at the Higgins firm are experienced and we care about your case and getting you the rights and treatment you deserve.

Continue reading "Tips for Choosing a Tennessee Employment Attorney" »

Outback Steak House is going to have to serve a whole lot of bloomin' onions to make up for the $19 million dollar settlement it agreed to pay in order to end a class action sexual discrimination lawsuit. The suit alleged a glass ceiling for female workers by requiring that all employees reaching the profit sharing managerial level have experience in the kitchen. The problem was female employees were consistently being denied any positions in the kitchen for then to gain the necessary experience. This has been hotly denied by OSI Partners, Outback's parent company.

Also part of the settlement is a consent decree that makes significant changes to OSI Partners promotion process including an online application that will allow employees to apply for managerial positions via the Internet. Human Resources will also get assistance in the form of a "Vice President for People". And just to make sure that all of this is actually happening, an outside consultant will be brought in for at least two years and every six months they will be reporting to the EEOC.

This is not the first time Outback has been called to task for treatment of its female employees. Over the years there have been thousands of complaints at hundreds of restaurants alleging discriminatory treatment of servers and managerial staff. In one instance they paid over $1.2 million to a woman who was fired only to find her position was filled by a man making twice her salary.

In a bit of an ironic twist, Flemings, a sister company to Outback, is facing its own lawsuit for sexual harassment. This one involves male workers. Obviously OSI Partners has some issues to address regarding their attitude toward employees. Not doing so has proved costly in the past. It could be devastating in the future.

Continue reading "Outback Settles $19M Sexual Discrimination Suit" »

Julie Tufts is feeling a bit more vindicated than she did before. Her employer, Hob Lob, LLC, operating under the name of Hobby Lobby, has been ordered by a judge to pay the fine as part of a settlement in a lawsuit filed by the Equal Employment Opportunity Commission. Hobby Lobby refused to allow Tufts to perform her work from a wheelchair.

Employed since 2005 with the company, Tufts injured herself on the job. She has a medical condition that causes diminished sensation in the legs and feet and she did not realize she'd torn tendons in her right foot. Her doctor instructed her to keep to a wheelchair and avoid any weight on that foot. Hobby Lobby's response was to come back when she was healthy and any employee had to be able to climb ladders carrying 40 pounds. Her assurances that she was healthy and could perform work from her wheelchair fell on deaf ears After weekly, then monthly requests to be allowed to return to work she was officially fired a year later.

Along with the $35,000 fine, Hobby Lobby was ordered to conduct training on the Americans With Disabilities Act and post a resolution in the branch where Tufts had previously worked. They also had pay substantial equitable relief and have injunctions against retaliation and discrimination. Their employee handbook will have to be revised to include policies for treating those with temporary disabilities. Hobby Lobby is being monitored by the EEOC for 30 months to ensure their compliance.

Discrimination is illegal in Tennessee as well as all 50 states. An employer can't fire someone for an injury suffered on the job or a disability. The Americans with Disabilities Act protects disabled workers from termination or discrimination.

Continue reading "Store to Pay $35,000 for Disability Discrimination" »

Tennessee workers and employees across the nation are filing more workplace discrimination lawsuits. And no longer is it predominantly women claiming gender discrimination or sexual harassment. As workplaces become more diverse, a greater number of individuals are able to be singled out due to race, religion, sex, ethnic, or medical reasons. According to the Equal Employment Opportunity Commission, during 2008 there was a 15% upswing from the previous year. This equaled 13,000 more filings than 2007.

Aging Boomers are another contributing factor in the increase of illegal terminations and instances of age discrimination. A worsening economy and surplus of workers all vying for the same few positions are resulting in cases of wrongful termination and passing over for hiring.

Recent amendments to the Americans With Disabilities Act have made interpretation of "disability" a much broader term covering more conditions than ever before. Bias against an employee regarding health insurance or employment based on genetic information is prohibited under the Genetic Information Nondiscrimination Act.

Continue reading "Discrimination of All Types on the Rise" »

A couple of recent events have made it easier for Tennessee employees and workers all across America who have experienced sexual assault in the workplace. A recent Supreme Court ruling has made it possible for a jury trial even if the signed contract stipulated arbitration instead of a jury trial. One problem with arbitration is the removal of the arbitrator from the adversities of everyday life whereas a jury is made up of individuals from all segments of society. Another is that often the arbitrator is chosen by the defendant leaving significant question as to impartiality.

Senator Al Franken introduced a bill that was passed by the Senate restricting funds to contractors who demand arbitration instead of trial by jury for their employees in instances of sexual assault. Senator Russ Feingold introduced legislation in April that would invalidate many clauses of binding arbitration and send many disputes involving civil rights, employment and consumer rights back to the courts.

Continue reading "Supreme Court Strengthens Rights For Victims Of Workplace Sexual Assault Claims" »

Nashville, TN businesses are facing a number of Title IV discrimination lawsuits for outlandish actions at the workplace almost unimaginable in 2009. Examples of these discrimination lawsuits that have increasingly been publicly filed against Nashville, TN companies can be found in the sexual discrimination lawsuit filed by the Equal Opportunity Employment Commission (EEOC) this Monday against Southeastern Telecom and the racial discrimination lawsuit against Nashville Electric Service.

At the core of the EEOC sex discrimination lawsuit is the claim that Nashville-based Southeastern Telecom retaliated against one of its female employees when she filed a sex discrimination complaint. Suzanne Sword, an account executive, had complained to her manager about gender discrimination and how she saw jobs were assigned according to sex. Once this sexual discrimination complaint had been filed, the EEOC lawsuit alleges, Southeastern Telecom fired Sword, having first disabled her computer and restricted her company email and intraweb access during the week it took for the company to fire her. The retaliation lawsuit seeks recovery of backwages, among other damages.

Another Title IV discrimination lawsuit gaining national coverage regards race discrimination allegations made by 20 former or current African-American utility workers against Nashville Electric Service and the city government. These allegations of discrimination based on race at the Nashville-based utility center on hiring and promotion practices and hostile work environment. Allegations of retaliation are also included for some plaintiffs in this federal Title IV discrimination lawsuit.

Three plaintiffs have stated that a dark-skinned training dummy with a noose placed around its neck was kept at the work during the racially charged time of September 2007. For those of you who do not recall, two years ago there were various civil rights protests in Jena, LA where local high school students had performed acts of racially-motivated violence against minorities and, to commemorate, hung nooses around the school. Three electrical workers were suspended for the act at the time, but other white employees took donations to make sure those suspended would not suffer lose of pay for their actions. One employee claims her car was vandalized for reporting the incident.

Many more African-American employees were made to suffer racial slurs at the workplace from co-workers and supervisors. Moreover, management, it is alleged, never reprimanded or took disciplinary action against Nashville Electric Service employees who wore Confederate flags and other Confederate regalia during working hours. To further describe this environmental racially hostile to its Black employees, the lawsuit also claims a foreman told an employee with the utility for 20 years, “During Black History Month where I come from, we hang people.”

The workplace discrimination lawsuit filed this week requests class action status for more than 100 current, former, and prospective employees and that the court to order NES to restructure its workforce and award back pay and other damages to discriminated workers.

At the Higgins firm, we take seriously the charges of discrimination and actively fight for those individuals discriminated against. Title VII of the Civil Rights Act of 1964 and the Equal Pay Act protect employees who make complaints of sex- or race-based discrimination from retaliation. If you have been retaliated against for making a formal complaint of workplace discrimination, or if workplace discrimination has affected your ability to work or cost you your job, I and my fellow TN employment law attorneys can help. I encourage you to complete our online TN employment lawyer inquiry form or to call our Nashville, TN employment law offices directly at 615-353-0930.