Sexual Harassment in the Workplace

Sexual harassment in the workplace is a common occurrence. There are women, and some men, who suffer from repeated sexual harassment. According to The Restaurant Opportunities Center United, 70 percent of female food service workers are victims of sexual harassment from their bosses. Moreover, 90 percent of women have experienced sexual harassment from customers. Being placed is a hostile work environment is never easy to handle. Reporting this type of harassment should always be a priority.

 

http://rocunited.org/new-report-the-glass-floor-sexual-harassment-in-the-restaurant-industry/

U.S. Supreme Court Case - Potential Victory for Pregnant Employees

 

On March 25, 2015 the United States Supreme Court remanded a pregnancy discrimination case back to the United States Court of Appeals for the Fourth Circuit Court. Petitioner Young was a part-time driver for respondent United Parcel Service (UPS). Young became pregnant in 2006 after suffering from several miscarriages. Young was advised to not lift more than twenty pounds during her pregnancy. However, as a part-time driver for UPS, Young was required to lift parcels weighing up to seventy pounds. Young requested a light-duty job accommodation, but UPS denied the request. Young filed a suit alleging the company violated the Pregnancy Discrimination Act (PDA).

The District Court granted UPS summary judgment, concluding, that Young could not make out a prima facie case of discrimination under McDonnell Douglas. The Fourth Circuit affirmed. The US Supreme Court concluded that that Young created a genuine dispute as to where UPS provided more favorable treatment to at least some employees whose situation cannot reasonably be distinguished from hers. In reaching this conclusion, the Court relied on the second clause of the PDA, which was determined to be unclear and open to interpretation. The Court had concerns as to “what other applicants or employees” was initially intended to mean. Further, Young presented evidence that UPS accommodates most non-pregnant employees with lifting limitations, yet, refuses to accommodate pregnant employees. The case was remanded, shifting the burden to UPS to provide a reason for refusing Young’s accommodation.

 

http://www.jdsupra.com/legalnews/employment-law-april-2015-29617/

 

Racial Preference of Patient Not a Defense to Discrimination

Plaintiff, an African-American female, filed a claim against Pals of Pasadena Hospital alleging violation of 42 U.S.C. § 1981 for intentional racial discrimination. In August 2013, an elderly Hispanic female was admitted to the hospital after being mugged by an African-American male. At the request of patient’s family, the hospital directed Plaintiff that she could not care for the patient because of Plaintiff’s race. The United States District Court for the Middle District of Florida Tampa Division ruled in favor of the Plaintiff, and concluded that the hospital prevented the Plaintiff from performing her job because she is an African-American. The hospital argued that the Plaintiff was not prevented to do her job on the basis of any “racial animus or hostility.” The court refused to accept this argument and explained that the hospital still discriminated against the Plaintiff based on her race. Dysart v. Palms of Pasadena Hospital, LP, 2015.

 

http://hr.cch.com/ELD/DysartPalms.pdf

 

Protection of Religious Beliefs in Workplace

Title VII of the Civil Rights Act of 1964 prohibits discrimination against any individual because of such individual’s religion in the workplace. Under Title VII, “religion” encompasses all aspects of religious observance, practice and belief. 42 U.S.C. §2000e(j). An employer is required to accommodate an employee based on religion unless the employer can show that it cannot reasonably accommodate the employee’s practice without undue hardship on the conduct of the business. For example, Courts have held that an employer’s refusal to allow an employee to wear a khimar is not discriminatory under Title VII. A khimar could be safety hazard to other employees because it could be used to smuggle weapons and contraband, thus placing an undue hardship on the employer. EEOC v. The Geo Group, 616 F.3d 265 (3d Cir. 2010).

Disciplinary Action including False Statements was not Adverse Action

Patricia Wagner left her job after receiving a written reprimand, including false statements, from the sheriff. Wagner sued the sheriff under 42 U.S.C. § 1983 alleging she suffered an adverse employment action in retaliation of her protected speech. On appeal, The United States Court of Appeals for the Eight Circuit concluded that Wagner could not prove her prima facie case of retaliation. Further, the Eight Circuit explained “a reprimand is an adverse employment action only when the employer uses it as a basis for changing the terms or conditions of the employee’s job for the worse.” Wagner left her job on her own and thus, did not suffer a termination, cut in pay or benefits, or change in job duties or responsibilities. Wagner v. Campbell, 2015.

 

http://hr.cch.com/ELD/WagnerCampbell030415.pdf

ACLU Assists Pregnant Employee (Asheville, North Carolina)

After being employed with Sava Senior Care’s Brain Center Health and Rehabilitation in Weaverville, NC for two years, Jamie Cole was unable to return to work due to a complicated pregnancy. In April 2013 Cole’s doctor recommending that she no longer do any lifting. Cole submitted a Reasonable Accommodation Acknowledgement form, which was denied. Cole was informed that she could not return to work until there were no restrictions at all. The Federal Pregnancy Discrimination Act requires that pregnant workers receive the same treatment as other temporarily disabled workers. Cole has filed a complaint with the EEOC alleging that she was discriminated against based on her pregnancy. The Americans Civil Liberties Union is helping Cole with her case pro bono. Along with Cole’s case, pregnancy discrimination is an important issue in North Carolina because the state is one of four with no laws of its own protecting pregnant or breastfeeding employees.

http://www.citizen-times.com/story/news/local/2015/01/10/battling-right-work-pregnant-nc/21570149/​

Workplace Harassment Still Major Employee Concern

According to EEOC Chair, Jenny R. Yang, approximately 30 percent of all charges filed with the EEOC are based on workplace harassment. To prevent workplace harassment, Yang is establishing a task force to bring together experts from the employer community to identify effective strategies to prevent and remedy workplace harassment. Yang hopes to deter workplace harassment by making sure employees are informed of their rights, and by informing employers on how to best implement and enforce harassment policies. Legal Counsel of the EEOC expressed that having a policy is insufficient if it is not communicated understandably to the workforce.

http://www.eeoc.gov/eeoc/newsroom/release/1-14-15.cfm