Tag: diversity

High Salary + RIF = Age Discrimination Claim

By Robert P. Tinnin, Jr. Q As a result of the economic downturn, we must lay off approximately half of our workforce. In considering whom we should select, it occurs to me that we could save the most money by laying off higher-salaried, nonmanagement employees. However, our higher-salaried employees tend to have the most seniority […]

May 2011: Older Americans Month

In 1963, President John F. Kennedy designated May as Senior Citizens Month, encouraging the nation to pay tribute in some way to older people across the country. In 1980, a proclamation by President Jimmy Carter changed the name to Older Americans Month, a time to celebrate those 65 and older through ceremonies, events, and public […]

Transgendered Employees in the Workplace

By Susan G. Fentin According to a report published in February by the National Gay and Lesbian Task Force and the National Center for Transgender Equality, transgendered workers are twice as likely to be unemployed and experience a high degree of harassment or other workplace mistreatment. The report, Injustice at Every Turn: A Report of […]

Employers Seeking Savings Can’t Afford Age Claims

The Equal Employment Opportunity Commission (EEOC) recently heard testimony on the particular effects the economic downturn has had on older workers, addressing the unfortunate possibility that the recession may be serving as a catalyst for some employers to engage in age discrimination. Recession Hits Older Workers During a mid-November EEOC meeting, several experts reported on […]

Gender Change May Be a Physical Disability

By Jonathan C. Sterling As we have reported in the past, transsexual employees may be protected from discrimination, at least in some cases, by federal and state law. The decisions granting that protection have treated such discrimination as a violation of gender or sex discrimination law. However, courts have been reluctant to recognize that transsexual […]

FLSA Claims Continue to Rise

In 2010, there was a 10 percent increase from 2009 in wage and hour collective- and class-action cases under the Fair Labor Standards Act (FLSA). “Collective” and “class” actions are lawsuits with multiple plaintiffs filed by employees who perform substantially the same job. The number of wage and hour cases began to climb as a […]

It Can Pay to Challenge Assumptions

By J. Robert Brame Social critics routinely criticize Western culture as being racist, sexist, xenophobic, and more recently, ageist and “lookist,” the latter being the widely asserted preference within our society for the more attractive over the less attractive, especially regarding women. Some of these “problems,” including racism, xenophobia, and ageism, have been enshrined in […]

National Origin Discrimination and English-Only Rules

By Troy D. Thompson In fiscal year (FY) 2009, the Equal Employment Opportunity Commission (EEOC) received 11,134 charges involving claims of national origin discrimination ― an approximate 57 percent increase since 1999. Although the EEOC has not yet disclosed its statistics for FY 2010, all indications are that these claims continue to rise. Given that […]

EEOC Complaints Reach All-Time High

The U.S. Equal Employment Opportunity Commission (EEOC), the agency responsible for the enforcement of federal laws prohibiting employment discrimination, recently released its statistical data on fiscal year 2010 filings. The data indicated that workplace discrimination complaints against private sector firms reached an all-time high in 2010. The Commission reported that filings with the federal agency […]