The Labor Department counted 27 million Americans 16 years or older living with a disability last year. The unemployment rate for disabled workers last year was 14.5 percent, compared with a 9 percent unemployment rate for the overall workforce. As of this July, the unemployment rate for people with disabilities had risen to 16.4 percent.
One obstacle facing workers with disabilities is discrimination by potential employers.
]]> The Wall Street Journal highlighted a couple of cases where job seekers were turned down before they even had an interview because employers did not want to provide accommodations in an interview. The Americans With Disabilities Act prohibits employers and potential employers from discriminating on the basis of disability, but it still happens.Kathy Martinez, who is blind, is employed by the Obama administration as the assistant secretary for the Labor Department's office of disability employment policy. Martinez says that some employers have misconceptions around what it might mean for their business to employ someone with a disability. Martinez believes the biggest challenge is to change the attitudes or alleviate the fear of these employers hesitant to employ people with disabilities.
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According to KTLA.com, Boudlal, 26, became a U.S. citizen last June after emigrating from Morocco five years ago. Boudlal has worked for Disneyland for two years, but only decided to challenge Disney's strict dress code after earning her citizenship. She said the U.S. Constitution grants religious freedom and that is what she is asking for. She asked for religious accommodation to wear the scarf two months ago.
]]> Disney says that they have tried to compromise, offering Boudlal a position in the back of the restaurant and away from interaction with customers. They say they have strict clothing rules because employees who work with customers are basically "on stage" and in costume. They also gave her a hat to wear on top of a bonnet, as a replacement for the headscarf while working.Boudlal said that she found the hat offensive and believed it made a joke out of her religion and called more attention to her. She believes that wearing the hijab does not hurt Disney or customers, so she does not understand why she cannot wear it.
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Muslim Hostess Calls Disney's Replacement Hijab 'Offensive' (KTLA.com)
]]>The truck drivers filing the lawsuit claim that they are considered independent contractors even though an employer-employee relationship exists between truck drivers and FedEx. FedEx controls what its drivers wear, sets the times they work, and monitors their performance and equipment, among other things. The drivers are seeking to be classified as employees so that they can become unionized as are their counterparts at rival parcel delivery company, UPS. The worker lawsuit is also seeking financial compensation.
]]> As reported by Reuters, FedEx classifies its truck drivers as independent contractors in order to have a competitive advantage over UPS. Courts have already decided in favor of FedEx's position in similar lawsuits brought against the company. Earlier in August, a district court judge in Indiana ruled against FedEx drivers in another class-action lawsuit. The judge said that even though FedEx had some control over the work and appearance of its drivers, it was not enough to prove the existence of an employer-employee relationship.
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]]>The Civil Rights Act of 1964 prohibits discrimination on the basis of national origin. The EEOC claims that Delano Regional Medical Center singled out the employees of Filipino origin and treated them differently by not allowing them to speak Tagalog, while allowing other ethnic groups to speak other non-English languages.
]]> According to the Bakersfield Californian, Delano Regional Medical Center's chief nursing officer said that she did not witness discrimination against the Filipino employees. She said that it was hospital policy for employees to only speak English in patient areas, unless the patient also spoke the other language and it was being used to communicate more effectively with the patient. She said that employees could speak to each other in other languages in break rooms and areas not within patient care.The EEOC claims that the Filipino workers were subjected to humiliation, intimidation, heightened security and threats of surveillance, and taunting and hostile remarks from co-workers and supervisors. The lawsuit seeks to stop future discrimination and for the hospital to revise policies and practices. It also seeks financial compensation for the employees.
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Delano Regional accused of discrimination (The Bakersfield Californian)
]]>The article begins by saying that the ADA has been "near-universally admired" and has long enjoyed bipartisan support. Some politicians and disability advocate groups have questioned, however, whether the law has really helped people with disabilities. Some point to the statistic that the percentage of unemployment among people with disabilities has remained stable since the passage of the law -- at 60 percent. Each side expresses a different take on the statistic.
]]> Libertarian politicians and others skeptical of a heavy-handed government presence in the workplace argue that the ADA may actually hurt people with disabilities by actually discouraging employers from hiring people with disabilities out of fear of lawsuits lest they fail to adequately accomodate their new employees.People who advocate for the civil rights of people with disabilities unanimously agree that the ADA has only been a good thing, but have different opinions of where it should go from here. Likely all agree that the ADA opened up society more for people with disabilities, offered more indepence and self-sufficiency, and raised the standard of expectations. They say there are numerous reasons why a person with a disability may not be working. Most advocates agree, however, that there is a long way to go, first and foremost to completely dispel the notion that a person with a disability has nothing gainful to contribute to society.
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Did the Americans With Disabilities Act Hurt Some People With Disabilities? (Newsweek)
]]>Hagan's attorney, Gloria Allred, says she is also representing another woman with a similar charge against Boreanaz of sexual harassment in employment. Allred describes Hagan as a struggling actress who is working hard but not having much luck in the Hollywood entertainment business, which makes her, and actresses like her, vulnerable to people in positions of power.
Representatives for Boreanaz have claimed the allegations are false and "absurd" fabrications.
]]> Hagan was working as an extra in an episode of "Bones" in August 2009 when the alleged sexual harassment occurred. In the lawsuit, Hagan accuses Boreanaz of using his position on the show and his 'star power' to exploit her vulnerability in order to gain sexual favors. The lawsuit claims that Boreanaz made unwanted sexual advances toward Hagan while offering to help Hagan with her career.The lawsuit says that Hagan tried her best to deter the sexual advances without offending Boreanaz because he had offered to help her with her career. The lawsuit cites instances of Boreanaz trying to grope or kiss Hagan as well as instances of Boreanaz allegedly sending sexually explicit and graphic text messages, including one that had a photo attached of Boreanaz's genitals.
Hagan's lawsuit claims that she suffered emotional and psychological distress as a result of the harassment as well as wage losses and loss of benefits.
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]]>In light of this recent ruling, we thought it would be pertinent to take a deeper look at the law prohibiting age discrimination in the workplace. The website of the U.S. Equal Employment Opportunity Commission offers useful facts about age discrimination. Whether you are an employee or an employer, it is always a good time to review The Age Discrimination in Employment Act of 1967 (ADEA).
]]> The ADEA protects individuals who are 40 years of age or older from employment discrimination based on age and applies to both employees and job applicants. It is unlawful to discriminate against a person because of their age regarding any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.The ADEA applies to apprenticeship programs, job notices and advertisements, pre-employment inquiries, benefits, and to waivers of ADEA rights. If an individual opposes employment practices that discriminate based on age, it is unlawful to retaliate against them.
You can visit the EEOC website for a detailed description of the ADEA and other employment laws.
]]>The sponsor of the bill, Senate Majority Leader Dean Florez (D-Shafter) said that the governor's veto amounts to special treatment for giant agribusiness and "second-class treatment" of workers on farms. Florez aims to reverse the 1941 California law that exempts farm employees from being paid overtime, or 1 1/2 times the normal rate, for any hours worked beyond an 8-hour day.
]]> According to an article in the Los Angeles Times, California is the only state that offers any overtime pay for agricultural employees. In 1976, the 1941 statute was modified to provide overtime for time worked beyond 10 hours. In addition, state regulators said that overtime would be provided for all work on the seventh day of a week after putting in six days in a row of 10 hours or more.Both small organic growers and large agribusinesses spoke out against the passage of the bill, saying that it would be burdensome to their businesses and could actually hurt both consumers and agricultural employees. Those working for farmworkers' rights say that they will continue to fight for an 8-hour day in order to make the job safer and because they say it is only right to provide the same compensation for those harvesting crops as those selling or shipping the crops.
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Schwarzenegger vetoes overtime for farmworkers (Los Angeles Times)
]]>Previously, employers had used the "stray remarks" doctrine, set by a U.S. Supreme Court decision of 1989, to protect themselves from liability for a manager's offensive comments about an employee who is later demoted or fired. Google had sought to have the case dismissed, saying any evidence of discriminatory comments Reid had to bolster his case amounted to "stray remarks" made by employees who had no authority over his hiring or firing.
]]> Employment law experts are saying that this ruling is a win for employees. A recent article in The Wall Street Journal says that this ruling will make it easier for employees to get their case heard by a jury and will make it more difficult for employers to defeat discrimination claims early in the process.
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Google Is Set Back in Age-Bias Case In Ruling With Broad Implications (The Wall Street Journal)
]]>The ADA was passed in order to make illegal discrimination toward a person because of a disability. The law mandated that employers provide their employees with "reasonable accommodations" to do their job in spite of their disability. The ADA also mandated greater accessibility for public and commercial structures and public transportation.
Now that it has been 20 years since the law passed, many Americans across the country have been wondering where the ADA will go from here.
]]> At an event to celebrate the anniversary Monday on the White House's South Lawn, President Obama signed an executive order to increase federal employment of individuals with disabilities. The Obama administration employs several people with disabilities.Kareem Dale, who is legally blind, became President Obama's White House adviser on disability policy, the first person to hold the new position. Dale is interested in reevaluating the ADA and bringing it up-to-date with today's advances in technology, such as making Internet websites more universally accessible through such means as voice-recognition software.
The Justice Department is also looking into how it might update the ADA to fit more with today's technological advancements and opportunities. Among the opportunities they are looking into, include possibly mandating more accessible office equipment and furniture.
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ADA at 20: breakthroughs abound, but some attitudes unchanged (The Christian Science Monitor)
Americans with Disabilities Act marks 20 years (The Washington Post)
]]>As the anniversary was acknowledged around the country, there was much discussion as to how far the country has come since the passage of the law and how much further there still is to go to level the playing field for people with disabilities. While most agree that the United States has made great strides since the ADA passed in making public and commercial structures, public transportation, and workplaces more accessible, many feel there is still a long way to go.
]]> Some experts in the field, according to a piece by The Christian Science Monitor, feel that the biggest barrier to break down is attitudinal. Many Americans still don't realize that people with disabilities are extremely productive members of society. In addition, people with disabilities tend to do best and keep their jobs in workplaces where their employer cares about creating a culture sensitive and supportive to their needs, as opposed to a workplace where the employer may try to sneak around the law.
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ADA at 20: breakthroughs abound, but some attitudes unchanged (The Christian Science Monitor)
Americans with Disabilities Act marks 20 years (The Washington Post)
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The media picked up on the story and Vilsack ordered Sherrod's resignation. He says that he alone was reponsible for Sherrod's forced resignation, but the White House agreed with the decision. Later, the story came out that the comments were taken out of context and the video highly edited. Vilsack and White House press secretary Robert Gibbs have since apologized to Sherrod for her firing, acknowledging her record of good work for the USDA and her committment to civil rights for all people.
]]> In the video clip, Sherrod is heard saying in a speech that she didn't do all she could to help a white farmer. In the unedited, real version of the speech, however, Sherrod speaks about how she ultimately learned through working with that white farmer and his family that it was important to work for individuals struggling no matter their race.The speech was given when she was working in her federal position for the USDA, but she was speaking of an event that happened while in a state government position 24 years ago. The farmers she was talking about in the speech publicly defended Sherrod this week, telling members of the media that Sherrod had helped them to save their farm.
Sherrod accepted Vilsack and Gibbs' apologies and said they could move forward. Vilsack has also offered Sherrod a new job within the USDA, but Sherrod is not sure yet if she will accept the offer.
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Vilsack, White House apologize to former USDA official (CNN)
]]>The employees filed the lawsuit with class-action status. They say that the company has engaged in a pattern of racial discrimination and say there are few black senior managers in the company. They also accuse the company of racial discrimination in regards to pay and job assignments, claiming unequal pay and unequal access to advancement.
]]> This is not the first such lawsuit to be filed against the giant utility company. Class-action lawsuits alleging racial discrimination were brought against Edison in 1974 and 1994. The lawsuit argues that the company has failed to comply with a consent decree that resulted from the 1994 lawsuit, in which the company agreed to pay $11.3 million into a settlement fund. They also agreed to start training and leadership programs.An attorney for the employees says that some of his clients were involved in the 1994 lawsuit and that the company has continued its negative culture despite the lawsuits and that his clients are still treated like "second-class citizens" at the company. In addition to damages and attorney fees, the lawsuit seeks an injunction against the company to force it to fully comply with the consent decree.
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Edison hit by lawsuit (Contra Costa Times)
]]>The lawsuit seeks a revised severance agreement, restitution, lost compensation, other employee benefits and monetary damages. The lawsuit seeks class-action status. Attorneys representing the plaintiffs believe that of the 4,700 workers who lost their jobs when the factory closed, 300 of them could be considered plaintiffs.
]]> The New United Motor Manufacturing Inc., or Nummi, plant opened in 1984 as a joint venture between General Motors Co. and Toyota. Last year, GM left after filing for bankruptcy protection. Without GM, Toyota had to shut the plant on April 1.According to The Associated Press, many of the employees who were laid-off received a union-negotiated payout of at least $21,175 each. Employees who worked continuously in the six months before the plant closed received enhancements on that payment, a figure a lawyer for the plaintiffs says averages out to about and additional $32,000.
Attorneys representing the employees say that some of their clients had worked for the factory for 25 years and were injured in the six months before the factory closed down. They say their clients' lower severance packages due to their disabilities amounts to discrimination.
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Former workers at Calif. plant sue Toyota, factory (The Associated Press)
]]>The employees who brought the lawsuit claim they received unequal pay and were passed up for promotions to management positions. The lawsuit asks the court to order 24 Hour Fitness to end their allegedly discriminatory hiring and promotions practices. The employees are also asking the court to order their employer to pay damages and back pay to correct the allegedly unequal compensation and unfair treatment.
]]> 24 Hour Fitness employs 20,500 people and has revenues of around $1.25 billion. It is the country's largest gym chain. Its 420 clubs across 17 states have a combined total of around 4 million members.The gym chain says that it complies with all employment laws. The company says it is an Equal Employment Opportunity Employer committed to creating a workplace free of discrimination and retaliation. The employer believes that when the facts come out, it will be shown that 24 Hour Fitness does not discriminate against its employees.
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24 Hour Fitness sued for race, gender bias (San Francisco Business Times)
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