Washington & Ernster, LLC

Mississippi Sexual Harassment Lawsuit

Cletus Ernster — Thu, 02 Jul 2009 21:35:25 +0000

Attorneys with the Equal Employment Opportunity Commission (”EEOC”) announced in a July 1, 2009 EEOC Press Release that the federal agency filed a sexual harassment lawsuit against a St. Louis based plastic injection molding company, alleging the company violated federal law by subjecting a class of female employees at its Sherman, Mississippi plant to a sexually hostile work environment and forcing several of them to quit their jobs. See, http://www.eeoc.gov/press/7-1-09a.html . According to the Press Release, the EEOC’s lawsuit charges that the company allowed a male supervisor and other male co-workers to harass a female press operator and other women at the Sherman, Mississippi plant. The EEOC says the female workers were forced to endure myriad sexually explicit comments and propositions, and many of the victims were grabbed and touched by the male supervisor. As stated in the Press Release, several women quit because of the harassment, and one women quit her job after the male supervisor phoned her at work threatening to sexually assault her in the employees’ parking lot. Although several complaints were made by victims to management, the company failed to properly investigate complaints and stop the misconduct, the EEOC contends. In addition, the EEOC states that this alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits harassment based on sex. EEOC attorneys filed the sexual harassment lawsuit in Oxford, Mississippi after first attempting to reach a voluntary settlement. Further information about the EEOC is available in the agency’s website at www.eeoc.gov .

Whether sexually hostile work conditions arise in Mississippi or elsewhere, victims of employment related sexual harassment may contact the EEOC and an attorney or lawyer to determine if a sexual harassment lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential hostile work environment claim.

New Hate Crime Laws Urged By AG Holder

Cletus Ernster — Thu, 02 Jul 2009 20:46:41 +0000

According to a recent Associated Press article appearing in The Houston Sun, Attorney General Eric Holder has called for Congress to act to create new hate crime laws in order to stop what he called “violence masquerading as political activism.” See, Margasak, Larry and Devlin Barrett (AP), “AG Holder Urges New Hate Crimes Law,” The Houston Sun, Vol.26, No.30, 6/16/09, p. 1. As stated in the article, the AG’s call for Congress to act came as a civil rights coalition said there has been a surge in white supremacist activity since the election of the first African-American president and the economic downturn. In making his comments, AG Holder cited separate attacks over a two-week period that killed a young soldier in Little Rock, an abortion provider in Wichita and a guard at the U.S. Holocaust Memorial Museum. The violence, Holder said, “reminds us of the potential threat posed by violent extremists and the tragedy that ensues when reasoned discourse is replaced by armed confrontation.” As reported in the article, Holder said that to stop such violence, Congress should pass an updated version of hate crimes legislation in order to more effectively prosecute those who commit violent attacks based on gender, disability or sexual orientation. The growing number of hate crimes against Latinos also shows the need for tougher laws, Holder reportedly said.

Whether hate crimes and injuries resulting from hate based violence occur in Beaumont, Dallas, Houston or elsewhere, hate crime victims may contact law enforcement and also an attorney or lawyer to determine if a hate crime or personal injury lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential hate crime claim.

Age Harassment Lawsuit

Cletus Ernster — Thu, 02 Jul 2009 20:23:30 +0000

In a July 1, 2009 Equal Employment Opportunity Commission (”EEOC”) Press Release, the federal agency announced that EEOC attorneys filed an age harassment and retaliation lawsuit in Hawaii alleging that a retail store violated federal law by subjecting a 73-year-old female pharmacist to age harassment, retaliation and forcing her out of her job. See, http://www.eeoc.gov/press/7-1-09.html . As stated in the EEOC Press Release, the lawsuit charges that the pharmacy manager of a company store in Honolulu subjected the woman to age-based insults, such as telling her she was “too old to work,” that she “should retire,” should “retire from pharmacy work now,” and other discriminatory conduct. According to the EEOC, the company received notice of the harassment but the company failed to take appropriate action to investigate and correct the hostile work environment, as the law requires. Instead, the EEOC asserts, the company subjected the woman to a hostile work environment by berating her for lack of competence, making discriminatory comments in performance evaluations, telling her again to retire, and wrongfully accusing her of regulatory violations. Finally, the pharmacist was forced to resign to escape the discriminatory conduct. Age discrimination and retaliation for complaining about it violate the Age Discrimination in Employment Act, and the EEOC filed suit after first attempting to reach a voluntary settlement. An EEOC attorney quoted in the Press Release said “The EEOC is committed to preventing age harassment against workers.” Further information about the EEOC is available on the agency’s website at www.eeoc.gov .

Whether employment related age harassment and retaliation for complaining about it occurs in Cuero, Gonzales, Yoakum or elsewhere, victims of workplace age bias may contact the EEOC and an attorney or lawyer to determine if an age discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential age harassment claim.

Latino Discrimination Claim

Cletus Ernster — Thu, 02 Jul 2009 19:56:37 +0000

Attorneys with the Equal Employment Opportunity Commission (”EEOC”) announced in a July 2, 2009 Press Release that the federal agency sued a nationwide commercial property management company, claiming the company violated federal law by subjecting Hispanic employees to national origin discrimination. See, http://www.eeoc.gov/press/7-2-09.html . According to the EEOC’s national origin discrimination lawsuit, a class of Hispanic housekeepers were subjected to a hostile work environment while performing custodial and janitorial duties at the Ceasar’s Palace Forum Shops in Las Vegas. As stated in the EEOC Press Release, the harassment allegedly began in 2005 when the housekeeping lead shift was hired and ended when he was terminated for reasons related to the harassment. The lawsuit charges that the housekeeping lead shift referred to housekeepers and other Latino employees as “wetbacks,” “tacos,” and “burritos” and repeatedly told them to “go back to Mexico.” In addition, the EEOC asserts that he told Latinos that Mexicans have “inferior intelligence and capability in comparison to whites, and that is why whites are in power.” The alleged conduct violates Title VII of the Civil Rights Act of 1964, and the EEOC filed the lawsuit after first attempting a voluntary settlement. An EEOC attorney was quoted in the Press Release as saying that “All workers have the right to work in an environment free of discrimination and daily harassment.” For further information about the EEOC, see www.eeoc.gov .

False Claims Act Settlement

Cletus Ernster — Thu, 02 Jul 2009 13:29:17 +0000

The U.S. Department of Justice (”DOJ”) announced in a July 1, 2009 Press Release that Beazer Homes USA Inc. has agreed to pay the United States $5 million dollars, plus contingent payments of up to $48 million dollars to be shared with victimized private homeowners, to resolve allegations that it, and Beazer Mortgage Corp., were involved in fraudulent mortgage origination activities in connection with federally insured mortgages. See, http://www.usdoj.gov/opa/pr/2009/July/09-civ-654.html . According to the DOJ Press Release, the settlement is in conjunction with a Deferred Prosecution Agreement entered into between the companies and the U.S. Attorney’s Office for the Western District of North Carolina. The Deferred Prosecution Agreement provides for restitution to private homeowners who were victims of the companies’ alleged fraudulent activities, as well as to the Federal Housing Administration.

Mississippi Combustible Dust Workplace Hazards

Cletus Ernster — Wed, 01 Jul 2009 20:53:06 +0000

In a June 18, 2009 Department of Labor OSHA Regional News Release, the U.S. Department of Labor (”DOL”) announced that over the last 16 months, compliance officers from the DOL’s Occupational Safety and Health Administration (”OSHA”) have made nine visits to Mississippi companies where employees may be exposed to potential dust hazards. According to the DOL News Release, the result has been 67 citations for workplace safety and health violations, with 88% categorized as willful, serious, repeat or failure to abate. The visits are part of the agency’s ongoing National Emphasis Program to reduce employees’ exposure to combustible dust hazards. Industries affected by the emphasis program reportedly include: agriculture, chemical, textile, forest products, wastewater treatment, metal processing, paper processing, pharmaceutical and metal, paper and plastic recycling. Under the Occupational Safety and Health Act of 1970, OSHA’s role is to assure healthful working conditions for America’s working men and women by setting and enforcing standards, and providing training, outreach and education. For more information in this regard, visit www.osha.gov .

Attention Deficit Disorder Discrimination Lawsuit

Cletus Ernster — Wed, 01 Jul 2009 14:22:13 +0000

Attorneys with the Equal Employment Opportunity Commission (”EEOC”) announced in a June 30, 2009 Press Release that a federally funded housing complex in Brooklyn will pay $70,000.00 to a former employee to settle a disability discrimination lawsuit brought by the EEOC. According to the Press Release, the lawsuit charged that the company refused to promote the employee to a permanent position of operating mechanic because he has Attention Deficit Disorder (ADD) even though, as the EEOC stated, the employee performed well as an apprentice from December 2000 to August 2004 and was the most senior apprentice who applied for the position. See, http://www.eeoc.gov/press/6-30-09.html . The EEOC asserted that he was denied the promotion because of his ADD and related learning disability and was terminated following his completion of the company’s apprenticeship program. An EEOC attorney was quoted in the Press Release as saying that “The settlement should remind employers that they face severe penalties when they violate the Americans With Disabilities Act or other EEOC-enforced laws.” In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination.

Whether workplace disability bias occurs in Beaumont, Freeport, Port Arthur or elsewhere, victims of employment related disability discrimination may contact the EEOC and an attorney or lawyer to determine if a disability discrimination lawsuit is ultimately appropriate under the circumstances and facts of the potential employment discrimination claim.

EEOC Sexual Harassment Lawsuit

Cletus Ernster — Tue, 30 Jun 2009 22:17:55 +0000

Attorneys with the Equal Employment Opportunity Commission (”EEOC”) announced in a June 30, 2009 Press Release that the federal agency filed a sexual harassment lawsuit against a major real estate development, construction and management company alleging that the company violated federal law by subjecting a class of women to a hostile work environment, sexual harassment, and retaliation for complaining about harassment. See, http://www.eeoc.gov/press/6-30-09a.html . According to the EEOC Press Release, the employment harassment lawsuit charges that an assistant sales agent faced verbal and physical harassment from a lead sales agent and retaliation from a sales manager. As stated in the Press Release, the harassment lawsuit includes allegations that the lead sales agent repeatedly made sexually explicit remarks to the employee, asked her to have sex with him, and threatened her life with a gun in March 2005. The EEOC asserts as well that she was retaliated against when she was denied a promotion and made to share her commission with another employee. Finally, she was forced to quit due to the harassment and retaliation. An EEOC attorney quoted in the Press Release stated that “The EEOC will aggressively enforce laws prohibiting sexual harassment and retaliation in the workplace.”

The EEOC enforces federal laws prohibiting employment discrimination and additional information about the EEOC may be found in its website at www.eeoc.gov .

Whether employment related sexual abuse occurs in Baytown, Brownsville, Wharton or elsewhere, victims of hostile work conditions may contact the EEOC and an attorney or lawyer to determine if a sexual harassment lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential sex abuse claim.

Military Employment Rights

Cletus Ernster — Tue, 30 Jun 2009 19:37:21 +0000

The Department of Justice (”DOJ”) Civil Rights Division announced in June 29, 2009 Press Release the filing of its 17th Uniformed Services Employment and Reemployment Rights Act (”USERRA”) lawsuit this year. According to the DOJ Press Release, the DOJ filed a USERRA lawsuit in Las Vegas against Stonescrape Pavers LLC alleging that the company willfully violated USERRA by firing an employee without cause when he returned from active duty. See, http://www.usdoj.gov/opa/pr/2009/June/09-ag-638.html . As stated in the Press Release, the employee, a former Utah Army National Guardsman and current Airforce Reservist, was a salesman for the company when he was called to active duty to deploy to Iraq with the Utah Army National Guard in January of 2006. After he was honorably discharged in June 2006, he was reemployed. The DOJ alleges that the company terminated him without cause in August of 2006 during his statutorily protected reemployment time period. In this regard, USERRA prohibits employers from discriminating or retaliating against employees or applicants for employment because of their past, current or future military obligations. Subject to certain conditions, USERRA requires that employers promptly reemploy returning service members and prohibits employers from terminating members except for cause for 180 days after their reemployment. Additional information about USERRA can be found on the DOJ’s website at, for example, http://www.usdoj.gov/crt/emp .

Whether employment discrimination against military service members occurs in Beaumont, Galveston, McAllen or elsewhere, military service victims of employment discrimination may contact the DOJ and an attorney or lawyer to determine if a military leave lawsuit is ultimately appropriate under the particular circumstances and facts of the potential USERRA claim.

Christian Discrimination Lawsuit

Cletus Ernster — Tue, 30 Jun 2009 15:44:10 +0000

Attorneys with the Equal Employment Opportunity Commission (”EEOC”) announced in a June 22, 2009 EEOC Press Release that an operator of ski resorts in Vail and Keystone, Colorado will pay $80,000.00 and furnish other relief to settle a religious and gender discrimination lawsuit filed by the EEOC. According to the Press Release, the lawsuit charged that an emergency services supervisor was subjected to harassment based on her Christian religion and her sex, denied religious accommodation and treated less favorably than her male colleagues. See, http://www.eeoc.gov/press/6-22-09.html . As stated in the EEOC Press Release, the employee’s supervisor allegedly forbade her and another Christian employee from even discussing their Christian beliefs with one another while at work, and would not allow them to listen to Christian music while on duty, because it might offend other employees, but had no similar restrictions on music with profanity or lyrics promoting violence against women, which were offensive to her. In addition, the EEOC lawsuit claimed that she was ridiculed by her supervisor for asking for scheduling accommodation so that she could attend her preferred religious services. Further, the lawsuit alleged that her supervisor tolerated and created a sexually hostile work environment where he and other male employees made offensive sexual comments and jokes in the workplace.

Whether employment related discrimination against Christians occurs in Dallas, Houston, San Antonio or elsewhere, victims of workplace religious bias against Christians may contact the EEOC and an attorney or lawyer to determine if a religious harassment lawsuit is ultimately appropriate under the particular circumstances and facts of the potential employment discrimination claim.