Age-based legal protections are provided by the Age Discrimination in Employment Act, which provides rights to those forty and over regarding discriminatory activities by employers. These protections are provided not only to current employees, but also extend to those applying for jobs.
Employees in California are terminated for a variety of reasons every year, but are some employees fired for illegal reasons? Discrimination unfortunately plays a role in some employment terminations, and reports show that age discrimination claims continue to increase as the working population gets older in the United States.
A recent lawsuit brought by the Equal Employment Opportunity Commission describes a shocking case of disability discrimination of interest even though it didn’t take place in California. An optician employed by Direct Optical, Inc., a two-store eyeglasses retailer in Michigan, was denied a very basic and reasonable request for accommodation for her disability -- to be allowed to bring her service dog to work. Worse, the employer fired her in retaliation for even making the request.
Abercrombie & Fitch is finally coming to understand that it’s ‘look policy,’ which strictly regulates the workplace attire of employees in Abercrombie stores and subsidiary stores Abercrombie Kids and Hollister Co., s discriminatory. Abercrombie positioned its draconian dress code as the indispensible heart of its business model, claiming that controlling workers’ dress in every way, from the length of their pant cuffs to what jewelry they can wear to work, was the key to its success.
A restaurant called Fuzia in Morgan Hill, south of San Jose, has agreed to settle an Equal Employment Opportunity Commission lawsuit over its wrongful termination of a dishwasher who made a sexual harassment complaint. The bistro, which according to Google has apparently been renamed the Good Fork, will pay the woman $20,000 and sign a consent decree with the EEOC requiring it to change its human resources policies and submit to monitoring for 18 months.
In 2009, a number of groups were investigating what really goes on in poultry processing plants, including a couple of reporters for the Charlotte Observer. Part of the reporters' investigation related to workplace injuries in the poultry industry, so they contacted Bob Whitmore, then head of the Occupational Safety and Health Administration's record keeping section. In an interview, he revealed that injuries to workers were routinely underreported in the industry and criticized OSHA for allowing that to happen.
In 2009, the Equal Employment Opportunity Commission sued Supervalu's Midwest division after 110 employees with disabilities were refused the chance to return to work after disability-related leaves of absence unless they could do so without any job restrictions or limitations. In 2011, a federal judge ruled that the practice violated the Americans with Disabilities Act and ordered the company to pay the workers $3.2 million for wrongful termination and the denial of reasonable disability accommodations.
According to the U.S. Equal Employment Opportunity Commission, more people are claiming discrimination in the workplace over their ability to speak English or their accent. The federal government will be issuing guidelines to employers about enforcement of English-only rules.