Discrimination

When Naomi Parker Fraley was 20 years old in 1942, she was photographed in her work uniform performing her job duties at the Naval Air Station in Alameda, California. She began work there right after the Japanese attack on Pearl Harbor where her duties included drilling, patching airplane wings and riveting.  Unknown to her until very recently, that picture was used for the poster "Rosie the Riveter" that was distributed throughout the country during that war.  Ms. Fraley was not identified as the young woman used for the famous poster until 2016 by Dr.

In recent months, there has been a lot of publicity and public discussion about sexual harassment, abuse and misconduct.  One thing that is clear is that it is still rampant throughout our economy and men like Bill O''Reilly and Harvey Weinstein had repeatedly acted badly throughout the years with their only punishment being that they paid their victims off to keep them quiet.  The question is, should there be laws passed to ban confidentiality agreements when sex harassment cases are settled.

These days, it is very difficult to prove age discrimination under the federal Age Discrimination in Employment Act that was enacted by Congress in 1967. However, the NYT article is incorrect in terms of the legal standard to prove age discrimination under the federal law.  When referring to the U.S.

The New York Times just published an article on how GoDaddy is trying to eliminate sexism in the workplace.  This is the same company whose advertising was notoriously salacious and degrading to women.  With the hiring of CEO Blake Irving, the company has engaged in a campaign that looks at everything including criteria for performance evaluations that disfavor women to changing job descriptions that favored implicit male aggression.   To see what GoDaddy is doing, first click on the title of this blog and then click on the word,

The Third Circuit Court of Appeals (covering New Jersey, Pennsylvania, Delaware and the Virgin Islands) ruled last week that a supervisor's use of the "n" word while threatening to fire African American employees is sufficient to allow a lawsuit to proceed under federal civil rights statutes.  The appellate decision reversed the trial court's dismissal of the case and stated that the district court relied on the wrong legal standard when doing so.  Click on the decision to see why th

Elizabeth Spiers, founder of The Insurrection, who is not a lawyer but well versed in the IT field had an uncanny take that sexual harassers who selectively harass some women but not others should not be let off the hook.  She is correct in her assessment that this is no defense when it comes to prosecuting sexual harassment cases.  Her article, which is published on Linked-In, can be be viewed here.

So far, it appears the the EEOC during the Trump Presidency will emphasize enforcing the federal Age Discrimination in Employment Act which prohbits age discrimination against employees over 40 years old.  See, Age Discrimination Next Up on EEOC’s Radar – Workforce Magazine.  Hopefully, this is not just window dressing but real action.  Studies by labor economists and the Federal Reserve Bank in San Francisco have found that older job candidates, and in

As Baby Boomers age, their employment becomes more precarious. What makes this even tougher for Boomers are their finances after paying exorbitant college tuition bills for their children (for those that can even afford it) and and less than optimal savings. Accordingly, Boomers must work longer to have a decent semblance of retirement.

The Federal Reserve Bank in San Francisco conducted a study in 2015 how age discrimination affects men and women. Researchers sent out approximately 40,000 applications to employers for 13,000 positions in eleven cities across twelve different states.  The study concluded that older women applying for jobs were 47% more likely to be initially rejected for administrative positions than their younger counterparts.

Before choosing to proceed with litigation for employment discrimination, our clients often ask us whether the litigation will impact their receipt of unemployment benefits. While the answer to that question is clearly no, whether defendants could later seek an offset of unemployment benefits received against damages recovered by prevailing plaintiffs in employment discrimination litigation has remained somewhat unclear. Until yesterday.