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Workplace Discrimination Archives

Firing Females Because the Wife of Employer is Jealous?

The article below, speaking to a case thrown out by a NY Court in which a female employee was fired by business owner's wife because wife thought the plaintiff was "too attractive," is another nail in the coffin of "gender stereotype" discrimination. This firm remains committed the belief that discriminating against someone because they display "gender" characteristics of which an employer doesn't approve - a doctrine which is supported by both Federal and New Jersey law - should be illegal and should be an appropriate avenue of redress for a harmed worker. Why should the "attractive" woman lose her job because the bosses' wife doesn't subjectively approve of the measure and mode of the plaintiff's "attractiveness quotient?" Must the attractive woman working for an insecure owner's wife "ugly up" to keep her job if she's otherwise professional in her looks and behavior? http://www.americanlawyer.com/id=1202758539865/Too-Sexy-for-the-Boss?slreturn=20160506115725

The Profitability Of Discrimination

A number of Southern states have recently made a point to codify the right of individuals and businesses to discriminate against those who offend their religious sensibilities. These laws mirror earlier attempts to ban same-sex marriage and, before that, to ban things like desegregation and interracial marriage. In the past, corporate America would either have supported these laws or at the very least maintained silence. Lately, more and more companies have spoken out against these blatant attempts to discriminate.

Pay Discrimination Follows Women Wherever They Go

One of the excuses used by many to ignore the problem of the wage gap between male and female workers was that the fields "preferred" by women simply paid less. If men chose to be doctors and women chose to be nurses, it was natural that men would be paid more. This was and is utter nonsense, of course. That viewpoint ignores the sexist double standards and barriers to entry that kept women out of these traditionally male occupations. It also obscures the simple reality that when men and women do the same work, in the same field, women still get paid less. New research is helping to accurately portray the ways in which women are discriminated against in employment.

Respecting Religion In The Workplace

The New Jersey State Law Against Discrimination requires employers to provide reasonable religious accommodation to workers. The U.S. Constitution and the New Jersey State Constitution both guarantee people the right to observe the religion of their choice. In the employment setting, religious accommodation is an acknowledgement that employees come from different faiths and should not be restricted from practicing their religion without good reason. Any sincerely held religious belief is entitled to, at the very least, a discussion of ways your employer can accommodate.

Gender And Gender Identity Discrimination Guidelines

New York City is releasing new guidelines to help combat discrimination against people based on gender or gender identity. The New York City Human Rights Commission has put forth specific rules explaining just what amounts to discrimination. The rules cover discriminatory practices that often target gay and transgender people. The guidelines will apply to a large percentage of businesses, as well as to landlords and other employers.

Employment Discrimination And Criminal Record

Employers are forbidden by state and federal laws to engage in a number of abusive or discriminatory behaviors. They cannot, for example, refuse to hire you or bully, abuse or intimidate you based on your race, gender, ethnicity, nation of origin, general identity or expression, sexual orientation, disability or age. Employers generally must comply with rules about minimum wage, overtime pay, family and medical leave and more. Unfortunately, that does not mean that employers must conduct themselves in a reasonable or caring manner. There are any number of common practices among employers that fly in the face of decency and logic. Among those are hiring practices that can turn a criminal record into a lifetime of poverty and dependency.

Alcoholism Is A Protected Disability And Employers Must Accommodate It

Recently University of Southern California head football coach Steve Sarkisian filed a lawsuit against the university alleging that he had been wrongfully terminated because of his disability, alcoholism. This raises the interesting question as to whether alcoholism is a protected status and what obligations employers have towards alcoholic employees.

The Gender Component Of Age Discrimination

Age discrimination is a serious problem in the employment world. New Jersey and federal laws protect workers from adverse employment actions based on age. A recent study indicates that age discrimination might often be another form of discrimination in disguise. According to the National Economic Bureau of Research, women are substantially more likely to be discriminated against based on age than men. The study suggested that age discrimination is largely another way to penalize female workers.

New Jersey Employment and Civil Rights Trial Lawyer Discusses Missouri Court's decision that it's ok to call a gay employee "cock sucker" and ask if he has AIDS

James Pittman sued the Kansas City based Cook Paper Recycling Corporation last year, alleging that he was fired in 2001 after 7 years. His theory was that he was fired because he was gay. A lower Missouri court had previously dismissed Pittman's suit, and a three panel appeals court upheld that ruling last week (the week of October 26th) in a "split decision." Two Judges were in the majority and said that the Missouri "human rights act" covers only gender, and not sexual orientation.

Insurance Company Gives Good Advice To Employers

To hear some employers tell it, avoiding lawsuits for employment law violations is incredibly complex. The truth is that many violations of worker rights involve employers trying to save money or avoid the hassle of firing obviously inappropriate personnel. It is not difficult for employers to obey the state and federal laws protecting employees. Many simply choose not to. An insurance company whose clients include many small- and medium-sized businesses recently conducted a study of employee lawsuits against employers. The advice that came out of that study is that simple measures all employers should have in place would prevent many of these lawsuits.

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