The information collected during these efforts is known as after-acquired evidence, and the U.S. Supreme Court ruled in 1995 that it should be taken into consideration when calculating damages in discrimination cases. However, the nation's highest court said that evidence of misconduct alone was not sufficient grounds to prevent such a case from moving forward. The case involved a woman who admitted during a deposition that she had copied a number of confidential documents without permission.
When employers are able to gather evidence of actionable misconduct, back pay may only be awarded for the period between the unfair dismissal and the discovery of the offense. Employers may also use after-acquired evidence to corroborate arguments that workers were fired for nondiscriminatory reasons. Opponents of this strategy say that it allows employers to claim that they were motivated by knowledge they did not have.
Attorneys with experience in employee rights cases may urge workers who are thinking of filing discrimination or unfair dismissal complaints to take steps to limit the amount of after-acquired evidence that can be gathered against them. Attorneys could also suggest that workers in hostile environments who fear being fired for discriminatory reasons follow all company policies and procedures closely and delete any inappropriate emails and online statements. When after-acquired evidence is introduced by employers, attorneys may seek to find out how other workers were punished for the same kind of behavior.
]]>The 1980 report found that only half as many men as women thought workplace sexual harassment was a serious problem. Women also tended to want a more formal resolution process for dealing with sexual harassment claims while men were more inclined to think the women handle the situation on their own. Perceptions differed as well. While a lot of the female respondents believed that men would not disapprove of incidents of sexual harassment that they witnessed, the males reported their disapproval in higher numbers than the women predicted.
Contemporary studies show that sexual harassment continues to be a serious problem in the workplace with one in three women reporting having experienced it. However, only 5 to 15 percent of them went on to file formal complaints.
A person who believes he or she is being sexually harassed in the workplace might want to speak with an attorney about what, exactly, constitutes this behavior and what he or she should do to remedy the situation. For example, a lawyer may advise someone to document the behavior. Even if a victim of harassment plans to try to resolve the issue at work, it may be helpful for him or her to first gain a solid understanding of his or her employee rights and boss's obligations. If the employer does not respond effectively, an attorney might be able to assist a person with filing a lawsuit.
]]>The economists running the study used the exact same resumes for the same type of job with the exception of the applicant's age. It was discovered that employers were far more likely to contact individuals who were younger than people who were middle aged or older.
For women, the effect was even more pronounced than it was for men. There was a 25 percent reduction in the contact rate for women who were middle aged compared to those who applied and were younger. For resumes for women who were around 65 years or older, there was an additional 25 percent reduction in the contact rate. This is in spite of the fact that it is against the law to blatantly discriminate against candidates who are 40 years or older.
Employee rights laws protect individuals from a variety of types of discrimination from employers. Along with prohibiting organizations from discriminating on the basis of a person's age, the law also states that employers cannot make hiring, firing or promotion decisions based on someone's race or religion or if they are pregnant. Employers are also not allowed to retaliate against individuals who report instances of discrimination, and a lawyer could help people determine their legal options if they believe they are being discriminated or retaliated against.
]]>While the case was originally handled through private arbitration, the nature of the claims were made public as part of a Washington Post report. After a Feb. 27 report about the sexual harassment suit, shares of the company fell 13 percent, and trading was briefly halted at one point. In a statement, the company said that the claims were related to gender discrimination and not sexual harassment. Furthermore, the claims were said to have been distorted by the press.
Many employers require workers to agree to handle employment claims through arbitration as part of their employment contract. Courts generally uphold these agreements, and proponents say that they may allow an employee to obtain justice faster because decisions cannot be appealed. However, opponents of arbitration say that employers prefer them because the cases stay out of the public eye, and employees may not have a legitimate opportunity to discover evidence.
Those who are fired, receive a demotion or are otherwise harassed at work after making a sexual harassment claim may wish to talk with an attorney. It may be possible to win compensation for back pay or loss of benefits that may have occurred because of a demotion or wrongful termination. In some cases, a claim may be made part of a class-action lawsuit, which may make it easier for it to be heard in a timely manner.
]]>While the case went to arbitration in 2008, over 1,300 pages of testimony were not made public until the night of Feb. 26. Not all of the 69,000 class members are alleging that they were sexually harassed. However, they are making claims of wage discrimination and gender bias. Some are also making claims that they were unfairly passed over for promotions. According to the Post report, male store managers would coerce female employees into having sex in exchange for pay raises or promotions.
At an annual managers outing, it was alleged that male managers would grope and aggressively pursue female managers. The outing was described as a "sex-fest" where alcohol was consumed in large quantities. According to statements made by female workers, those who complained were punished, and one claimed that she was accused of theft and terminated after making a complaint. Sterling denied the allegations and said that they did not reflect the company's culture.
Those who lost a job or were assigned to work unfavorable hours after making a compliant of harassment in the workplace may wish to talk to an attorney. Legal counsel may be able to review employment records or employer statements to establish that harassment or discrimination occurred. If an employee is retaliated against by an employer, he or she may be entitled to compensation and reinstatement to his or her job.
]]>Back then, hours were typically written by hand on a piece of paper. Today, software programs make it possible for managers to round employee time while also automatically deducting time for breaks. In some cases, these functions could cause employers to run afoul of wage and hour laws. A study entitled 'When Timekeeping Software Undermines Compliance" found that better laws led to changes in software design.
Specifically, it found that software marketed to Department of Defense contractors had increased safeguards compared to products marketed to civilian employers. This was because the Defense Contract Audit Agency uses rules that are better suited to modern technology. For instance, any edits made to a timesheet were routed to employees, which led to greater transparency. This safeguard also reduced the odds of wage theft or wage and hour disputes between employer and employee.
Those who believe that their employers violated hour or wage laws may wish to talk with an attorney. Legal counsel may be able to review time clock records to determine if any changes were made with or without an employee's knowledge. If it can be established that an employer made such changes or otherwise violated wage and hour laws, an employee may be entitled to compensation. Cases may be resolved either through a formal trial or through settlement talks with the employer.
]]>The decision in Karlo v. Pittsburgh Glass Works involved a group of employees who were all over the age of 50. The former Pittsburgh Glass Works employees claimed that they were laid off in a discriminatory reduction in force. According to the plaintiffs, the employer favored workers who were in their 40s over workers who were over the age of 50.
The Third Circuit Court decided that the plaintiffs' age discrimination case could proceed despite prior rulings that denied subgroups the right to bring their ADEA claims forward. In prior decisions, courts have ruled that an employer can only be found guilty of age discrimination as defined by the ADEA if that employer discriminates against all workers over the age of 40. Since the Third Circuit court contradicted the rulings of other circuit courts, the Supreme Court may have to review the issue.
Many people are unaware of the protections that have been put in place for workers over the age of 40. If someone suspects that his or her employee rights were violated under the ADEA, he or she may want to speak with an attorney. A lawyer may be able to determine whether an employer has a history of age discrimination and then help workers who were discriminated against put together claims.
]]>One of the women in the ABC News interview said that during her 10-year career in the hospitality industry, she could never walk into a restaurant kitchen without hearing a whistle. Another woman said that someone at work had used guilt to manipulate her into agreeing to sexual activity. Only two of the women who were interviewed said that they had complained to human resources about the sexual harassment they were experiencing.
Women experience sexual harassment much more frequently than men. According to the U.S. Equal Employment Opportunity Commission, just 17.1 percent of the 6,822 sexual harassment claims that were filed in 2015 involved male plaintiffs. One of the women who was interviewed by ABC News said that deciding whether to complain about sexual harassment feels like a decision between values and career. However, all of the women said that it was important to take a stand against sexual harassment.
While many women feel like they would be sacrificing their careers if they were to complain about workplace sexual harassment, plaintiffs are legally protected from retaliation from their employers. If an employer does retaliate against an employee for complaining about sexual harassment, such as by a demotion or termination, having the assistance of an attorney might be advisable for a victim who is seeking redress.
]]>According to the Fair Labor Standards Act and New York State Labor Law, employees must be compensated for all of the time that they work. A lunch break could be considered "work time" if an employee is restricted in their activities. For example, an employee should be paid for their lunch period if the employee is required to eat their lunch in uniform and on the work site and may be suddenly called to perform work duties, or if the employee stays at their desk and performs work during their lunch period and the Company is aware that the employee is doing so.
Some employees are asked to "clock out" during their lunch period because the down time is not compensable. These employees should be freer in their activities and movements than employees that are paid for their lunch break. An employee who is not paid for the time that they spend having lunch may be able to leave the work site, run personal errands and change out of their work uniform.
Employees who believe that their employer is not compensating them for all of their working hours may want to talk to a lawyer about their concerns. A lawyer may be able to investigate the situation and determine whether the employer violated any wage and hour laws. If an employer has not compensated their employees properly, the employees that lost money may be able to pursue appropriate legal action for the lost wages.
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