Archive for the ‘Retaliation’ Category
November 6th, 2009
By Joseph Devine
Although every individual will experience some sort of injury through the course of his or her lifetime, people usually make every attempt to responsibly prevent accidents from happening. If an accident occurs at work, there are many complications that may cause serious problems for the injured party, including lost wages, medical expenses, and tension between the worker and the employer.
Fortunately, most states provide protection for employees against retaliation from businesses for worker’s compensation claims. Business owners should understand that on-the-job accidents may happen and they should be prepared to deal with the consequences of such incidents. Employers should make sure to provide adequate workers’ compensation coverage for all employees and should be ready to handle issues as they arise.
Employees who are injured on the job may be fearful of the consequences of their actions. If a person is hurt while behaving in a negligent or reckless manner, he or she may not be eligible for worker’s compensation benefits. If the person was behaving in the correct manner and was injured in a genuine accident, they should be able to report the incident without fear of retaliation or condemnation from their employer.
Business owners and managers should be supportive of employees who come to them with a worker’s compensation claim in good faith. Most of the time, the employee may simply wish to have his or her injury addressed, examined, and taken care of so that they may return to work as soon as they recover. Worker’s compensation allows employees to address injuries and rehabilitate them without significant financial cost.
If a business owner retaliates against an employee for filing a worker’s compensation claim, the employee may be able to file a lawsuit against the employer. Lawsuits may seek compensation for medical bills, pain, suffering, lost wages, and punitive damages for the employer’s actions. If the employee can prove that the employer acted against him or her in a malicious manner, the court may award additional judgments against the business.
Injuries that occur in the workplace can have a serious affect on the injured party and the business. While the employee often has to face medical care and expenses, the employer often has to deal with a reduction of workforce, lowered productivity, and safety inspections to make sure the accident is not repeated.
If you have been wrongly denied workers’ compensation benefits or feel that your employer has retaliated against you, you may want to consult an experienced worker’s compensation attorney. For more information, visit the website of the Pennsylvania workers’ compensation lawyers of Lowenthal & Abrams, P.C.
Joseph Devine
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July 12th, 2009
Manager Subjected Women to Hostile Work Environment, Federal Agency Charged
SAN ANTONIO — A Fredericksburg, Texas restaurant will pay $50,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The EEOC alleged in its suit that Winslow’s Restaurant’s male general manager engaged in sexual harassment of women employees, which occurred on a regular basis. The abuse included offensive touching of women as well as crude sexual statements and requests for sexual favors, the EEOC charged. Despite efforts by two female employees to report the harassment to the owners, the owners failed to take prompt and effective corrective action and instead allowed the general manager to engage in retaliatory conduct against the two women. The reprisals included a demotion and the reduction of hours which resulted in less pay, the EEOC said. Moreover, these two affected employees felt forced to leave the job because of the intolerable working conditions arising from the sexual harassment and retaliation.
Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a voluntary settlement.
On May 12, 2009, the consent decree settling the suit was signed by Judge Lee Yeakel of U.S. District Court for the Western District of Texas, Austin Division. In addition to providing $50,000 for the victims and enjoining Winslow’s Restaurant from engaging in sexual harassment and retaliation, the consent decree mandates that the restaurant adopt and implement an effective sexual harassment policy, train its employees on the requirements of Title VII, and post a notice in the workplace of its intent to fully comply with that law.
“Employers who ignore complaints of harassment show a tremendous disregard both for the law and for the employees whom the law seeks to protect,” said Eduardo Juarez, senior trial attorney of the EEOC’s San Antonio Field Office. “When they not only fail to correct the situation but also punish the complainers, they’re only compounding their own unlawful conduct. The EEOC will continue to fight for the rights of those who suffer this kind of abuse.”
In Fiscal Year 2008, 13,867 sexual harassment charges were filed with the EEOC and state or local agencies nationwide, an increase of 11 percent from the prior year and the highest level since FY 2002.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.
April 22nd, 2009
Supervisor on Road Construction Crew Harassed Two Women, Federal Agency Charges
PRESS RELEASE
4-1-09
ALBUQUERQUE, N.M. – Fisher Sand & Gravel Co., which engages in business activities related to road construction, violated federal law by subjecting a class of women to sexual harassment and firing one woman for complaining about it, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.
In its suit, the EEOC said that a supervisor employed by Fisher subjected Melony Encinias and a class of women working on a highway project near Mora, N.M., to sexual harassment, including a barrage of sexual comments and innuendo creating a hostile work environment. The agency also charged that Encinias suffered retaliation because she opposed the supervisor’s unwelcome conduct and was forced to resign because of the harassment, retaliation, and the employer’s failure to provide appropriate preventive or remedial relief. Read the rest of this entry »
April 21st, 2009
Hispanic, Black Employees Subjected to Racial and Ethnic Slurs, Agency Charged
PRESS RELEASE
4-16-09
MIAMI – National department store Nordstrom, Inc. will pay $292,500 to 10 former employees and furnish other remedial measures to settle a harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. EEOC had charged that the department store manager harassed Hispanic and black employees based on their national origin, race, and color, and retaliated against those who complained about the harassment.
According to the EEOC’s lawsuit, an alterations department manager complained that she “hate[d] Hispanics,” and that Hispanics were “lazy” and “ignorant.” Hispanic tailors were chastised by the alterations manager for speaking to each other in Spanish. The same manager made other derogatory remarks such as “I don’t like blacks” and “you’re black, you stink.” The alterations manager harassed the alterations staff at Nordstrom stores in Palm Beach Gardens and Wellington, Fla. Read the rest of this entry »
