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Employment discrimination occurs when employers advocate for – or fight against – the hiring of specific employees. Basing a hiring decision on age, race, gender, religious affiliation, national heritage, disability or sexual orientation is against the law. Practicing these illegal maneuvers in recruiting, promotion, and pay violates State and Federal Labor Laws such as Title VII, the Equal Pay Act, the Age Discrimination Employment Act and the Civil Rights Act of 1991.
Hostile Work Environment!
August 26, 2011
Hollywood producer Jon Peters was ordered Friday to pay $822,000 in damages to a former personal assistant after a Los Angeles jury found that she was sexually harassed and subjected to a hostile work environment. Jurors also decided that Peters, 66, the former boyfriend of singer Barbra Streisand, acted with malice, a finding that triggers a further court hearing to determine if punitive damages should be awarded to Shelly Morita, who sued the producer and his company, J.P. Organization Inc., in December 2006.Morita, 44, alleged that Peters inappropriately touched her at his Malibu home, crawled into bed with her at an Australian hotel and exposed himself to her and her then-2-year-old daughter in an outdoor restroom at his Santa Barbara ranch. Morita, who worked for Peters for a year starting in February 2005, also claimed that the producer’s influence in Hollywood prevented her from obtaining another job after she quit his firm. Defense attorneys contended that Morita had signed a release of all claims against Peters in January 2006, and they asserted that she had no witnesses to prove her allegations of sexual harassment.
Peters was a successful hairstylist in his family’s salon, where he made contacts in the movie industry. He went on to become the producer or the executive producer of such films as "Caddyshack," "Rain Man," "Bonfire of the Vanities" and "Superman Returns."
Panda Express Restaurant
Posted: 08/18/2011 09:27:43 AM PDT
Updated: 08/18/2011 09:28:33 AM PDT
The federal government said Wednesday it is suing a Panda Express restaurant in West San Jose for making its Latino workers clean toilets while Asian employees stood by and enjoyed an easier workload. The U.S. Equal Employment Opportunity Commission said in a federal court filing that the general manager of the Panda Express in the shopping center at Campbell and Saratoga avenues gave Latino workers fewer hours and more menial jobs. "Hispanic workers who worked as counter help were required to clean the bathroom, tables and counters, while Asian employees were permitted to simply stand around and watch," the federal agency's Bay Area office said in a statement announcing the suit.
"I felt so ashamed when the Asian workers watched me obediently run from the bathroom to the tables to the counters, cleaning when they did not have to," Aremy Lomely, a Latino employee at the restaurant, said in a statement. "For months, (the manager) treated me like a worthless employee."
The commission also said the manager more frequently and harshly disciplined Latino employees. In addition, the commission said it is a violation of the Civil Rights Act of 1964 to discriminate against employees based on ethnicity. The suit, filed in the U.S. District Court of Northern California, demands Panda pay the employees monetary damages and set up anti-discrimination training.A Panda spokesman said Wednesday that the company does not comment on pending litigation. The parent company of the popular Rosemead-based Chinese food chain employs 18,000 workers at 1,200 locations across the country. The same Panda location was sued in September after firing an employee when she complained about a co-worker's "inappropriate sexual behavior." In a settlement reached in April, the company agreed to pay the employee, Veronica Nava, $25,000 and rehire her, but it did not admit any wrongdoing.
In 1964, Title VII of the Civil Rights Act was implemented to prohibit hiring practices based on what is employment discrimination such as gender, race, religion or national origin. And in 1967, the Age Discrimination Employment Act was put into play to protect citizens of the age of 40 or older from experiencing ageist practices of what is employment discrimination. The Equal Pay Act was put into play in 1963.
Bloomberg L.P.
Posted: 08/18/2011 03:35:43 PM PDT
The Equal Employment Opportunity Commission filed a class-action lawsuit in September 2007 on behalf of what became more than 80 employees of Bloomberg L.P., asserting that the company systematically reduced the pay, demoted or excluded from meetings mothers and pregnant women. The case was dismissed by a federal judge on Aug. 17, 2011.
A federal judge dismissed claims that the company Bloomberg L.P., engaged in a pattern of discrimination against pregnant women and new mothers returning from maternity leave. Bloomberg L.P., is the financial and media services giant founded by New York Mayor Michael R. Bloomberg. Judge Loretta A. Preska of United States District Court in Manhattan wrote that the federal Equal Employment Opportunity Commission had relied too much on anecdotes, and not on statistics, when it accused Bloomberg L.P. of discrimination. “ ‘J’accuse!’ is not enough in court,” Judge Preska wrote. “Evidence is required.”
In a strongly worded ruling issued Wednesday, she said that “the law does not mandate ‘work-life balance,’” and that while Bloomberg L.P. “explicitly makes all-out dedication its expectation,” the company did not systematically violate the law because it did not treat women who took maternity leave differently from employees who took leaves for other reasons. “A female employee is free to choose to dedicate herself to the company at any cost, and, so far as this record suggests, she will rise in this organization accordingly,” she wrote. “The law does not require companies to ignore or stop valuing ultimate dedication, however unhealthy that may be for family life.”
Document: Ruling Dismissing Case Against Bloomberg L.P.
The case is not necessarily over; the federal government may appeal, and the 65 women who qualified as claimants in the class-action lawsuit can still file individual lawsuits accusing discrimination. But legal experts said the ruling that the company did not have a “pattern or practice of discrimination” stripped the individual plaintiffs of their most powerful argument.
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