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I been wondering about possible discrimination that’s happening at my job. I work in a casino and my department is made up of only war veterans and disabled war veterans. I proudly served my country for many years and I just want to know some things.

For the last couple of years every other department have gotten pay raises and just this year every other department got company benefits. I don’t understand why everybody else at this casino is getting everything and my department which is all veterans and disabled veterans is not getting anything.

They mock and laugh at us because they get everything and my department did not. Its creating a hostile workplace I come to work every night angry and leave work every morning even more angry. The disabled veterans do not have proper access to a bathroom that can properly handle there needs.

The casino has done nothing in 5 years to help the disabled veterans with there latrine needs they just ignore it. So would this be an example of discriminating against us war veterans and disabled war veterans?

Oh I forgot to add they hire kids right out of high school and they get paid more and get the benefits. While us veterans who has been here for at least 4 years do not get nothing and get paid less then some kid right out of high school. My bosses will not do anything about this situation they just ignore it completely. This is not right somebody out there please offer me some serious advice on this situation please!!

View the answer(s) below…

PRESS RELEASE
4-13-10

Cannon & Wendt to Pay $100,000 to Settle EEOC National Origin Discrimination / Retaliation Suit

PHOENIX — The U.S. Equal Employment Opportunity Commission announced today that it has settled a national origin discrimination and retaliation lawsuit against Cannon & Wendt Electric Co., Inc., one of the oldest and largest electrical contractors operating in Phoenix, Ariz., for $100,000 for Victor Cortez and a comprehensive consent decree, signed by Federal Judge Earl H. Carroll.

The lawsuit was filed in U.S. District Court for the District of Arizona in Phoenix, accusing Cannon & Wendt Electric Co., Inc. of discriminating against Victor Cortez when it subjected him to racist statements and then retaliated against him by terminating him after he complained about the unlawful discrimination.

According to the EEOC’s suit, EEOC v. Cannon & Wendt Electric, Co., Inc., CV-07-1710 PHX/EHC, employee Victor Cortez was unlawfully harassed because of his national origin by his immediate supervisor, Mark Ghose. The harassment included comments by Ghose, such as “I hate all Mexicans,” “they are worthless,” and “I hate Mexican music.” It was also alleged that Ghose openly stated his belief that Cortez was “useless” and he wanted to “get rid of him.” The EEOC also alleged that when Cortez complained to Cannon & Wendt’s then owner, Albert Wendt, Wendt failed to take any action except to ask “so, what do you want me to do about it?” The national origin harassment continued after Cortez’s complaints. Soon after he complained about the unlawful discrimination, Cannon & Wendt fired Cortez.

The EEOC obtained $100,000 for Cortez as damages for lost wages and benefits as well as compensation for the emotional distress. By entering into the consent decree, Cannon & Wendt agreed also to give Cortez an apology; subject Ghose to certain training; an injunction against national origin harassment and retaliation; reporting to the EEOC; the posting and distribution of a notice; change its anti-discrimination policies; and conduct extensive training for its supervisory and managerial workforce over the next three years.

Mary Jo O’Neill, regional attorney for the Phoenix District Office, said, “Each of the statutes that the EEOC enforces contain a specific prohibition against retaliating against any employee or applicant who opposes discrimination internally or files a charge of discrimination with a state or federal agency. Because there is a significant imbalance of power between employee and employer, this office will continue to vigorously enforce the statutes’ anti-retaliation provisions through its investigations and litigation. In Victor Cortez’s case, we are satisfied that he has been compensated for the egregious manner in which he was unlawfully treated.”

Janet Elizondo, acting director for the Phoenix District Office, said, “Title VII provides that employees, including Victor Cortez, are entitled to work and keep their dignity. No employee should ever have to sacrifice his or her identity in order to keep a job. This employer not only ignored Mr. Cortez’s rights to be free from discrimination, but also fired him because he complained about the unlawful discrimination. This is a particularly troubling case because the EEOC sued this particular employer for religious discrimination a few years ago. After being sued, most employers take their EEO obligations under the law seriously. It is troubling to the EEOC to see a repeat offender.”

EEOC Trial Attorney Veronica Molina said, “Cannon & Wendt’s treatment of Mr. Cortez was outrageous. If the company had not settled, this would have been a very good case for a punitive damages request from a jury.”

Cortez said, “I am very thankful to the EEOC for fighting for me. What happened to me was wrong. No one should have to experience what I did in order to support my family.”

The EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.

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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