How Will Newly Released Guidelines on the ADA Impact You?

Columnist Alison F. Reif for Boston-based bizwomen.com shares little-known facts about the Americans with Disabilities Act. According to the law, it is illegal for employers to:

"Refuse to hire an applicant who has a child with a disability based on the assumption that the employee will have a higher rate of absenteeism or be otherwise unreliable. "

"Fire an employee who volunteers with an AIDS organization based on the assumption that he or she may contract the disease. "

"Deny an employee health care coverage available to others for fear that the employee's disabled dependents will increase the employer's coverage costs. "

This means that discrimination based on an employee's relationship with a disabled person is illegal and courts have determined three types of bias that could result in an ADA (Americans with Disabilities Act) association claim. To read more about this little-known section of the law, click here

The ProjectGail Store Sells Feminist Gift Items Online.

ProjectGail made it's first online sale in a hooded sweatshirt from the "Yes, I am a Feminist!" line. ProjectGail currently offers 9 different designs with more to come! Visit the store at
http://www.cafepress.com/projectgail

Best Buy Slapped with Discrimination Suit.

Taken from the Twin Cities Pioneer Press.

"In their 23-page complaint, the plaintiffs (three African-American men and three minority women) allege Best Buy denied them promotions and gave them fewer hours and unequal work assignments and pay opportunities. For example, women are steered into cashier jobs and away from more lucrative jobs like selling home theater systems, the suit alleges.

The suit alleges that plaintiff Cheryl Chappel, a black woman, has been at Best Buy since 2001, working at its Chico and Mira Mesa stores in California. Two years ago, Chappel sought promotion to operations supervisor after two years in that department. Despite "excellent performance reviews,'' Chappel was passed over for the promotion in favor of a part-time male employee who had only four months of service at the Chico store, the suit alleges.

"Best Buy managers told Chappel she was not promoted to supervisor because it was 'a man thing.' Later, Chappel was told that Best Buy employed few women on the sales floor because 'girls can't sell,' " the lawsuit alleges."

Wow! To read the full article click here

How Does the EEOC Resolve Discrimination Charges?

This information was taken from the EEOC's website.

• If the evidence obtained in an investigation does not establish that discrimination occurred, this will be explained to the charging party. A required notice is then issued, closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf.
  
• If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding. EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination.
  
• If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled, neither EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored.
  
• If EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. If EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf. In Title VII and ADA cases against state or local governments, the Department of Justice takes these actions

To read more about how the EEOC resolves discrimination charges, click here

Job Descrimination. Understanding Employment "At-Will."

Most employees are considered “at-will” by legal definition meaning we’re employed for an indefinite time at the will of ourselves and our employers. We can quit at any time or be terminated at any time. We can be terminated without reason and without notice. It’s not illegal for an employer to fire you. It’s not illegal for an employer to tell you he just doesn’t like you and therefore he’s letting you go. What is illegal is when your employer fires you because you are a woman or because of your race or because of your pregnancy, etc.

Your termination (if it has come to that) becomes a “wrongful discharge” if and when:
· it is a violation of the law (title VII protection under civil rights law)
· it is a violation of “public policy” (i.e., you were serving in the national guard or jury duty and you were terminated for the absence)
· you were retaliated against for reporting safety violations in your workplace or speaking out against your employer breaking the law in some way
· you had an “implied contract” with the employer (you were told, or your employee handbook states, that employees will not be fired without reason)

If you have a claim of wrongful discharge without discrimination, it does not go through the EEOC. Contact your state labor department on how and where to file a claim or contact an employment law attorney. There is a short window of time when you can file a wrongful discharge claim. Don’t let the time run out on you.

Also, I'm unclear on whether or not you can file a charge of wrongful discharge at the same time as a discrimination charge. I invite comments on this issue.

Understanding the Importance of Sexual Harrassment Cases: Faragher v. Boca Raton and Burlington Industries v. Ellerth.

These cases were sexual harrassment cases but the law applies across the board. An employer has a duty to make employees aware of policies and procedures for reporting harrassment (or discrimination). It's not enough for the employer just to have policies, they must also make sure the policies are enforced. You, as the employee, have a duty to report the problem to supervisors and/or HR. You aren't going to get very far with the EEOC if you didn't make your employer aware of the problem and if you failed to provide your employer the opportunity to correct the problem. Read more about these cases and their application here

Supreme Court Nominee Samuel Alito's Stand on Discrimination in the Workplace.

Read about Supreme Court nominee Samuel Alito and his stand on discrimination charges here