Tennessee Employment Lawyer Blog

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.