New York Employment Lawyer Blog

The Department of Labor ("DOL") announced this week that it has reached a $3 million settlement with federal contractors FedEx Ground Package System, Inc. and FedEx SmartPost Inc. (collectively referred to as "FedEx") over allegations that they discriminated against job applicants at two dozen facilities in 15 states. Under the terms of the agreement, FedEx will also implement changes to correct any discriminatory hiring practices and give job offers to those who were rejected as positions become available.

The settlement covers a total of 21,635 rejected job applicants who will receive back wages and interest and as well as job offers to 1,703 individuals as they become available. Of the affected workers, 61 percent are female, 52 percent are African American, 14 percent are Hispanic, 2 percent are Asian, and 1 percent are Native American. If you have suffered from discrimination with respect to any aspect of employment, including hiring, firing, promotion, pay, benefits, or compensation, our attorneys can help you determine if you have a claim. Our attorneys have helped many individuals recover their workplace rights.

The DOL's Office of Federal Contract Compliance Programs, which monitors the employment practices of the country's 200,000 federal contractors, first found evidence that FedEx was discriminating on the basis of sex, race, and national origin in its hiring practices seven years ago. During scheduled reviews, the compliance office found that compared to similarly situated white applicants, there was discrimination against African Americans, Hispanics, Asian Americans and Native Americans. The review also showed discrimination against women who were automatically ruled out for jobs requiring heavy lifting.

The Director of the compliance office, Patricia A. Shiu, stated that audits revealed evidence of bias even where job applicants didn't complain or realize that they had been discriminated against. The evidence consisted of a computer statistical analysis as well as interviews with job applicants and FedEx officials. Shiu stated that "Being a federal contractor is a privilege and means you absolutely, positively cannot discriminate, not when you are profiting from taxpayer dollars."

In addition to the monetary settlement, FedEx has also agreed to correct any discriminatory hiring practices, train its employees, and implement self-monitoring measures to make sure that all hiring practices are legally compliant. It has also agreed to hire an outside consultant to conduct an extensive review of the company's hiring practices and make recommendations to change and improve their practices, as well as train its supervisors and employees.

If you are a covered employer with government contracts, make sure you are in full compliance with all federal regulations. FedEx did not admit to any wrongdoing in this case and did not feel that it engaged in any discriminatory practices. However, the statistical numbers showed a different story. Whether or not FedEx was engaged in discriminatory hiring practices, it still incurred the cost of settling and now having to make expensive changes throughout the company.

Our attorneys have helped many businesses make sure that all their employment practices are in accord with state and federal laws. Our attorneys have also conducted training seminars to help companies prevent unnecessary litigation. If you have contracts with the government, call our Employment Discrimination Attorneys at Villanueva & Sanchala at (800) 893-9645 to discuss how we can help you make sure your company is in full compliance with all state and federal laws.

Continue reading "Employer Discrimination Update: Contracts With The Government Can Cost You Millions If Your Hiring Practices Violate Federal Laws" »

In what is believed to be the largest single workplace harassment award from a jury verdict, a physician assistant won $168 million for her claims of sexual harassment and retaliation against Sacramento General Hospital. Ani Chopourian was fired after complaining numerous times to human resources during the two years she worked at the hospital.

Chopourian has a masters degree from UCLA and a P.A. degree from the Yale School of Medicine. Prior to joining the cardiovascular surgical team at Sacramento's Mercy General in August of 2006, Chopourian worked at four other hospitals in New England and California. If you are being harassed or discriminated at your place of employment, our attorneys can help determine if you have a claim against your employer. Our attorneys have helped many clients protect their workplace rights.

Chopourian alleged at least 18 instances of bullying and harassment. For example, one of the surgeons who bullied her once stabbed her with a needle and broke an anesthetized heart patient's ribs while in a fit of rage. Another surgeon greeted her every morning by saying "I'm horny" and slapped her bottom while another called her "stupid chic" in the operating room and made disparaging comments about her Armenian background and asked her if she had joined Al Qaeda. She was also was denied meal breaks in violation of California's wage and hour laws.

Mercy General's management denied the charges and told the jury that they fired and tried to deny her unemployment benefits because she was guilty of professional misconduct. They tried to argue that she was not a "team player."

Chopourian has stated that "Cardiac surgery brings in the most money for any hospital facility, which is why they are willing to turn a blind eye to illegal and inappropriate behavior." Although witnesses for Chopourian were afraid to speak, they testified in order to stop the misconduct.

Workplace harassment is a type of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act. It is unwelcome conduct based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It becomes illegal when enduring offensive conduct becomes a condition of continued employment or when the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. It is also unlawful to harass an individual in retaliation for filing a discrimination charge, a lawsuit, or for participating in an investigation, proceeding or lawsuit.

This verdict represents an important lesson to be learned by employers, especially hospitals and health care facilities. You can't ignore illegal harassing or discriminatory conduct just because the offender is your hospitals leading surgeon. Given the number of times Chopourian complained, it is not just shameful but irresponsible for management to let this kind of conduct continue without taking any kind of action. No matter who the harasser is, whether it's a low paid supervisor or a surgeon bringing in millions in revenue, you have to take steps to treat all employees equally. Make sure your company has an effective grievance procedure that addresses complaints of harassment or discrimination no matter who the alleged offender is. Our attorneys have provided anti-harassment and anti-discrimination training to many managers and employees to help companies prevent the high cost of defending such a lawsuit. Call our Workplace Attorneys at Villanueva & Sanchala at (800) 893-9645 to discuss how we can help your company prevent unnecessary and expensive litigation.

Continue reading "White Plains Sexual Harassment Lawyer News Update: Physician Assistant Wins Over $150M against hospital" »

The U.S. EEOC recently settled a lawsuit for $125,000 which alleged national origin harassment against Simon Property Group, Inc. ("Simon") at its Forum Shops at Caesars Palace in Las Vegas. The suit charged with allowing Hispanic janitors who worked for the company to be verbally attacked on a daily basis because of their national origin.

Simon is the nation's largest real estate company which owns and manages shopping malls throughout the country. It is an S&P 500 company that has either ownership or property interest in 392 properties throughout North America, Europe and Asia and generates annual retail sales of over $60 billion in the U.S.

The lawsuit charged that the housekeeping shift leader, who was white, harassed a group of Hispanic janitors beginning in 2005 which then continued on daily basis. He subjected them to verbal abuse and slurs. Although a dozen Hispanic janitors complained with a written petition the same year the harassment began, they felt nothing was being done to stop the discriminatory behavior. The harassment continued for another year until the supervisor was terminated, which was for different reasons.

The EEOC charged that the alleged conduct violated Title VII of the Civil Rights Act of 1964. The parties settled with a two year consent decree which provides monetary relief for least five of the victims who were harassed. The decree also calls for Simon to retain a consultant to monitor and track complaints in Nevada, provide anti-harassment and anti-discrimination training for staff, and report its compliance efforts to the EEOC.

Anna Y. Park, the regional attorney for the EEOC's Los Angeles District Office, stated that "National origin discrimination issues are on the rise and we are committed to vigorously enforcing federal laws to ensure workplaces free of harassment and discrimination." The acting director at the EEOC's Las Vegas Local Office stated that "We encourage workers to report harassment as they did here in this case" and "equally encourage employers to take proactive steps to stop harassment and to take swift action when it does occur."

It is illegal to discriminate against an employee because of their national origin with respect to any aspect of employment including hiring, firing, promotion, benefits, or terms or conditions. This means that an employer cannot discriminate against a worker because of their birthplace, ancestry, culture, and linguistic characteristic related to a specific ethnic group, or accent. For example, you cannot refuse to promote a competent, qualified worker just because his ancestors are from Iraq or because a worker has an Indian accent which does not materially interfere with job performance. Title VII also prohibits conduct that creates a hostile environment such as using ethnic slurs.

It is outrageous that the workers were subjected to national origin harassment for two years and that even after they complained, nothing was done. Whether you are a small company employing 15 or more employees or as big as Simon Properties, it is imperative to promptly investigate any complaints of national origin discrimination. If your business does not have an employment discrimination policy, call our Attorneys at Villanueva & Sanchala at (800) 893-9645. Our attorneys have held many anti-harassment and anti-discrimination training seminars and set up policy and procedures to effectively handle any complaints of discrimination.

Continue reading "Six Figure Settlement of National Origin Harassment Complaint by Hispanic Employees at Simon Properties Group" »