There are employment laws in place which are meant to prevent discriminatory practices in the workplace. Expert lawyers such as Tayeb Hyderally work with many different organizations to ensure that employees and employers are aware of the laws that were enacted to protect workers. Ty Hyderally travels extensively working with a wide variety of organizations, PR personnel and businesses to inform them how to maintain a workplace that remains free from discrimination. As an expert in employment law, he also provides information on what to do if you believe a discriminatory act has occurred in the workplace. Mr. Hyderally also informs staff members about how to identify and protect themselves from retaliation in cases where discrimination is reported. Of all the places we would think would be free from discriminatory practices religious organizations seem to be one of the most likely. However, in this case we find that a religious organization can also engage in age discrimination similarly to other employers.
Horst Brandt VS Trinity Broadcasting Network
Horst Brandt was in charge of TBN’s computer systems. He was hired as an independent contractor instead of a regular employee although he worked full time for the religious organization. This was reportedly a less expensive way for TBN to keep Brandt on board. However, there were many slurs about Brandt’s German heritage and discriminatory remarks made about his age. It was alleged that there were statements made such as, “Horst runs his department like Nazi Germany during World War II.”
Filing the Age Discrimination Suit
Brandt filed a claim against TBN which stated he had been discriminated against based on his age. He was subjected to repeated remarks about their “older workers.” In the meeting where Brandt found out about his termination Crouch Jr. stated that “Paul Crouch, Sr. and Ruth Brown are getting up there in age too.” After terminating Horst Brandt, Crouch Jr. reportedly told a vendor that “there are some older people here and it is time for a change.” He also stated that Ruth Brown who was TBN’s Chief Financial Officer was “getting up there in age and should find something else to do.” The building that Brandt worked in was frequently referred to as the “old folk’s home” and Brandt was often referred to as “an old dinosaur.”
More Problems for TBN
It is also alleged that TBN’s senior officials told Brittany Koper to implement “alternative reforms.” Brittany Koper was head of the human resources at TBN and her grandfather, Paul Crouch Sr. is the founder and CEO of TBN. Crouch allegedly told Koper to update the age report on TBN’s workers. She was then instructed to fire anyone over 65 years old because there were “too old, too sick and too lazy.” Crouch Sr. began a campaign to move older workers to part time employment and tried to force some into retirement. Anyone over 80 were placed automatically at a part-time status.
Brandt and TBN reached a settlement agreement in court. However, due to the nature and saturation of alleged age discrimination it appears that there could possibly be a class action lawsuit against the religious employer in the near future.
Discrimination can take many forms in the workplace. Ty Hyderally is an expert in employment lawwho is dedicated to educating employees and employers of both their rights and responsibilities regarding employment law in the workplace. Some cases are instances where there are subtle but continuous harassment or discriminatory activities; other times cases involve blatant acts of discrimination. Tayeb Hyderally represents clients who have been discriminated against in the workplace in any way. In this age discrimination case, there were behind the scenes activities that the worker was unaware of. However, when these came to light, she was able to receive retribution for the inappropriate actions of the company.
Debra Moreno – A very Efficient Worker
Debra Moreno’s manager seemed to always speak highly of her work ethic and referred to her as a very “thorough and efficient” worker. However, the owner of the company stated that she thought Ms. Moreno sounded “old” on the phone and that she also looked like a “bag of bones.” Carolyn Frutoz-De Harne, owner of the company, allegedly told another manager that Ms. Moreno was not the “type” of worker that she preferred to represent Hawaii Healthcare Professionals, Inc. which is a home health care provider for senior citizens.
Upon completing a thorough investigation, the EEOC filed a law suit in the U.S. District Court for the District of Hawaii and named Ms. Frutoz-De Harne as the defendant. The EEOC did see the conduct as a form of age discrimination. The courts found that this was indeed a case of age discrimination and Debra Moreno was awarded over $190,000. In addition to gaining this monetary award, part of the judgment included that the defendant in the case develop and disseminate procedures which will prevent future cases of age discrimination. The company must provide adequate and appropriate training to all its personnel. This includes training all staff members concerning age discrimination as well as retaliation. Supervisors were also to be trained regarding how to handle these types of complaints. Hawaii Healthcare Professionals were also required to work closely with EEOC coordinators to work through these materials as well as posting notices for current employees about the judgment. The EEOC will continue to monitor the company to ensure that they remain in compliance with the judgment.
Examining the of the Case of Age Discrimination
The regional attorney for the EEOC, Anna Y. Park is in charge of overseeing the litigation for the agency in Hawaii stated that “age should never be a factor when evaluating an employee or job applicant’s worth.” What makes this employment law case so interesting is that the worker’s abilities were completely disregarded and she was terminated solely for her age. The EEOC works to ensure that this type of violation does not occur in the workplace. Employers are responsible to have strong anti-discrimination policies in place and to offer adequate training for personnel to prevent age discrimination from occurring in the workplace. The EEOC is organization which enforces the federal employment laws which prohibit discrimination.
Sexual harassment in the workplace can quickly contribute to a hostile work environment. On top of this injustice, those who report such misbehavior are many times retaliated against in many ways. This is when it is time for employment law experts such as Ty Hyderally to step in and take action. Both of these actions, sexual harassment and retaliation for reporting are in violation of employment laws that are in place. When these types of injustices occur, the U.S. Equal Employment Opportunity Commission (EEOC) steps in to litigate. In order to avoid such a big mess in the workplace, expert lawyers like Tayeb Hyderally work to inform businesses and workers of their rights and responsibilities as they pertain to employment law.
A jury just awarded $350,000 to three women who used to work at Endoscopic Microsurgery Associates which is a medical practice located in the Baltimore area. The women alleged that they were exposed to unwanted and unsolicited sexual advances by the company’s CEO. The EEOC’s suit states that Linda Lux, the company’s receptionist was repeatedly suffering unwanted sexual advancements which was creating a hostile environment in which she had to work. The company’s CEO, Dr. Mark Noar and its CFO, Martin Virga continually made sexually motivated advances toward Ms. Luz who kept on refusing the advancements. The practice then began to retaliate against her by disciplining her for nonexistent infractions in behavior and rescinding leave that had been approved before. Eventually these built up until she was terminated. Study coordinator Jacqueline Huskins and Nurse Kimberly Hutchinson both reported that they also suffered similar experiences and advances from both Virga and Noar.
The company and the EEOC could not reach a suitable settlement through the conciliation process. It went before a jury of 9 Baltimore residents who found unanimously that the ladies were entitled to compensatory damages in varying amounts from $4,000 to $110,000. Each of the women also received $110,000.
This is a very significant verdict as it sends a message to those in high positions. It lets them know that just because they work at a high level in a reputable company; it does not mean that they are exempt from employment laws. They must continue to treat other employees in a professional manner. Cases such as these help remind companies how important it is for sexual harassment policies to be in place in their company. Their employees should know how, where and to whom these types of behaviors must be reported. They must also realize that retaliatory actions for reporting an incident such as this will be penalized.
The EEOC is the government agency which has the responsibility of enforcing Title VII of the Civil Rights Act of 1964. They work with lawyers such as Tayeb Hyderally to prepare companies for these types of situations. Employment law specialists such as Ty Hyderally can help companies develop policies which inform employees of their rights and responsibilities in dealing with sexual harassment and retaliatory actions for reporting in the workplace.
sexual harassment in the workplace
Expert lawyers are often called upon to represent victims who have been subjected to sexual harassment in the workplace. To make matters worse there are many cases in which the victim also suffers retaliatory actions simply for reporting the incident. Tayeb Hyderally is an employment law expert who has many years of successful litigation in cases involving employment law including sexual harassment and retaliation for reporting.
It is imperative that companies have a solid plan of action in place for instances in which these types of allegations are made. Attorney Ty Hyderally offers companies his expertise on the matter and can help them develop appropriate policies which can protect both employees and employers in these types of instances. Companies which do not have policies in place can have a very complicated situation on their hands which could have been avoided if policies had been created to intervene.
Recently one such case involving both sexual harassment and retaliation for reporting reached a settlement. Three women were employed by Holiday Inn Express located in Simpsonville, South Carolina. They alleged that one of the general managers had sexually harassed all three women. The harassment included inappropriate sexual remarks, unsolicited and unwanted advances and improper touching. This had created a hostile work environment for the women. One of the women filed a complaint with the hotel chain but they failed to take proper steps in responding in a timely manner to the complaints. The company neither investigated nor tried to put an end to the ongoing harassment.
After the woman complained about the sexual harassment, she was terminated. The firing was done by the general manager who was the subject of the harassment allegations. The EEOC maintained that this termination was retaliatory in nature. The EEOC also brought suit against two more companies who are responsible for managing and operating the hotel. These two companies settled with the EEOC and as part of the settlement the companies must make a monetary payment of $90,000 to the victims which will split the money amongst themselves. The companies are also agreeable to taking appropriate steps so that sexual harassment will be prevented in the workplace. As part of the agreement the companies must redistribute their policies on sexual harassment and require annual training on sexual harassment as well as retaliatory actions. All of the hotel’s managers, employees and supervisors must attend this training each year. The companies also have to report any further complaints or allegations of sexual harassment directly to the EEOC.
Sadly enough these types of cases happen frequently. Companies are forced to comply with Title VII of the Civil Rights Act of 1964 which declares that retaliation for reporting an incident is unlawful. Tayeb Hyderally prepares for speaking engagements in which he informs companies and employees how these types of situations can be completely avoided. He also shares his legal expertise to inform them of how to prepare policies that will protect company officials and employees in such cases. Companies should not only have policies regarding sexual harassment in place but also ensure that these policies are easily available to employees at any time.
Many times as part of a settlement on a sexual harassment case, a company will have to make positive improvements to the way they handle and resolve these types of allegations. Sometimes it means revised or additional training that is mandatory for their workers; or it may be revision of policies regarding how allegations are handled. It’s hard to believe that today there are entities who fail to recognize the seriousness of these types of situations. Ty Hyderally is an employment law attorney whose expertise is in handling cases where rights have been violated. Mr. Hyderally also travels and is often invited to speak to various groups and companies to help them be better informed on matters concerning employment law and how a hostile work environment can be avoided altogether.
Mid Valley Labor Services, Inc. is a California based company which has hundreds of employees. The company is a statewide farm labor contractor who provides services for farmers such as workers for vineyards. They recently settled a sexual harassment and retaliation case for $150,000. According to the lawsuit filed by the EEOC, two of their female employees was subjected to sexually explicit language and sexual propositions by her crew supervisor who is male. When the two women objected to the sexual harassment and advances, they were terminated from their jobs. The EEOC cited this as a retaliatory action toward the women for reporting the sexual harassment. Title VII of the Civil Rights Act of 1964 prohibits both sexual harassment and retaliation for reporting or complaining about it.
The provisions of the settlement include $150,000 to be paid to the workers in damages. Mid Valley will also provide annual sexual harassment training to its employees. These sessions will be conducted by out outside professional. They will also make some revisions to their sexual harassment policy as well as their procedures for filing complaints. Supervisors will also be properly trained in preventing sexual harassment and retaliation. The company will also report regularly to the EEOC regarding any harassment complaints that may be received.
Employment laws are in place to protect workers from sexual harassment as well as retaliation for reporting such infractions. The government agency which is responsible for enforcing employment discrimination is the EEOC. The EEOC received this case form the Mexican Consulate. The outcome of this case and others like it helps companies understand that they must take the responsibility of properly training employees as well as those in supervisory positions on the proper procedures for sexual harassment. Hopefully, the revisions made in the company’s policies regarding sexual harassment and retaliatory actions for reporting will serve as a stark reminder that these types of actions will not be tolerated in the workplace. Workers who are trying to make a living for their families should not be subjected to such harassment. And they certainly should not be subjected to retaliation simply for reporting a wrong that has been done them. The company did not confirm or deny the allegations which were made against the supervisor; they simply tried to reach a settlement quickly to save time and money.
It is somewhat like adding insult to injury when a termination follows a sexual harassment complaint. These discriminatory actions are prohibited by employment law and businesses who do not comply by addressing a situation properly when sexual misconduct. It is the responsibility of the worker to report the sexual harassment or hostile work environment, and then it is the company’s responsibility to investigate and take appropriate measures to protect their workers. Company’s who do not adequately protect employees can be sued by employees who have been discriminated against. Sadly, some companies retaliate against the person reporting the misconduct. Employment lawyers such as Tayeb Hyderally educate businesses and their employees on employment law. When companies do not comply or fail to properly protect their employees, expert employment law attorneys like Ty Hyderally are prepared to successfully litigate.
A recent employment law case involving sexual harassment and retaliation occurred in Southeast Texas. A woman was working at Excel maintenance Services Inc. where she states that she was constantly subjected to sexual harassment and a hostile environment along with illegal retaliation. Ruby Thomas stated in her suit which was filed in a Galveston federal court, that she was the object of verbal and physical actions involving harassment while she was employed as a bagging operator at the facility.
Ms. Thomas alleged that the foreman requested sexual favors, touched her inappropriately and made many lewd comments. However, the company took no immediate action in order to correct, prevent or in any way address the alleged misconduct. She stated that she reported the abuse to her superiors in 2010 and she was immediately placed on a paid leave of absence so that an investigation could be conducted. Stated in her original petition is that the supervisor who was accused of the inappropriate sexual actions began to retaliate against her when she returned to work by assigning her to work in undesirable, remote or dangerous locations which also secluded her from her fellow employees.
On April 119, 2011 Ms. Thomas was terminated for an alleged accident while operating a forklift. Her suit claims that it is in retaliation and a “pretext for illegal discrimination.” The suit also states that other workers were in similar “accidents” and in violation of safety regulations but were not treated as severely. Ms. Thomas states that she had maintained a spotless work record before her termination and she is seeking for monetary damages as well as a jury trial.
Ty Hyderally and other employment law attorneys will be waiting to see the outcome of this case which involves two alleged infractions of employment law. It is important that employees retain their right to report a hostile work environment, sexual harassment or other abuse in the workplace without fearing retaliation from those who are responsible for protecting these rights and maintaining a safe workplace for all workers. If the allegations are accurate the company will likely be penalized and pay damages to Ms. Thomas. Employers should be held responsible for the actions of employees and take immediate action to investigate in the event abuse is reported.
Tayeb Hyderally chose the field of employment law because of its great diversity. Ty Hyderally works diligently to protect employees and employers from participating in or being the target of discriminatory practices in the workplace. Many times it can be difficult to prove that an employer’s action was retaliatory or discriminatory in nature; but companies must be ready to defend these types of claims from those who are familiar with employment law. Cases like EEOC v The Boeing Company cause companies to pay a little more attention to some of the practices going on in the business. When discriminatory or retaliatory actions occur expert lawyers such as Ty Hyderally are ready to present the employment law case before the courts.
Antonia Castron was an employee at The Boeing Company. After she complained of being in a hostile work environment she was suddenly transferred to a different work group and only two months later she was terminated. One of her co-workers verified that Ms. Castron’s supervisor was known to make frequent derogatory and demeaning remarks about women in general. Although the bulk of these derogatory comments were not specifically aimed at Ms. Castron, the courts deemed that there was enough to inference to consider it discriminatory in nature.
The court considered Boeing’s actions as they stated that they had legitimate reasons, non-discriminatory reasons to transfer and eventually terminate Ms. Castron. They cited that she had requested a transfer and that she had low RIF scores. But the Ninth Circuit Court decided that there was enough evidence for the case to go to trial. Ms. Castron’s lawyers stated that Castron was transferred instead of the male co-worker she had complaints about; and it was possible that she was moved into a job that was known to the less secure with the intent of eliminating the position at a later date. They deemed this could certainly have been motivated by discriminatory or retaliatory intent, or both.
There was much evidence that caused Ms. Castron’s transfer to be questionable including no other engineers being transferred to that particular department and her supervisors had previously refused her a transfer and then promised to transfer her to the department she had requested without following through. They also told her that her RIF scores would not be evaluated during her period of training. The Courts found that the RIF evaluation scores that supposedly led to her termination were pre-textual. Several employees gave testimony to the fact that Ms. Castron’s former evaluations were ignored and supervisors only considered the ones which were given during the two month’s training she underwent. Although the company cited RIF evaluation scores as part of the reason for termination, since Ms. Castron had previously complained about harassment and discrimination these were not enough to keep the EEOC from launching a suit against the employer. Retaliation lawsuits are sure to occur even though it seemed as though the company had followed proper procedures to eliminate Ms. Castron. Employment law is in place to protect employees from these types of retaliatory and discriminatory practices, even though cleverly disguised.