New York Employment Lawyer Blog

In a gender discrimination lawsuit filed by the Equal Employment Opportunity Commission, it was alleged that Wal-Mart discriminated against females who applied for entry level warehouse positions at its Kentucky distribution center. Hiring officials supposedly told applicants that positions would not be offered to females and that the company mainly hired males between the ages of 18-25. The EEOC now reports that Wal-Mart has agreed to a settlement of $11.7 million for these claims.

In addition to the large monetary settlement, Wal-Mart has agreed to hire females at the Kentucky distribution center, post a notice of non-discrimination at its facilities, train its hiring officials to use validated questions for interviewing warehouse applicants, and file compliance reports with the EEOC. In commenting on the case, acting EEOC Chairman Stuart J. Ishimaru stated, “Let this major settlement serve as a warning: Employers must stop engaging in these outdated and sexist practices, or they will face severe legal consequences.”

Recently, a suit was filed in Federal Court for the Southern District of New York in which a dancer at a strip club claims that its management regularly withheld wages and tips from the performer. The claim likely centers on the fact that the club did not comply with the applicable wage and hour laws governing the employee and employer relationship.

There has been a surge in claims being brought forth regarding issues with wage and hour law compliance. This is likely due to employees becoming more aware of their rights and protections under the law.

The New York office of the Equal Employment Opportunity Commission ("EEOC") has made its determination that a major airline's actions of allowing some employees to take "light duty" assignments and not permitting pregnant employees to do the same is discriminatory as a result of gender.

The plaintiff in the case raised violations of Title VII of the Civil Rights Act as well as the Pregnancy Discrimination Act. The EEOC found that by having a pregnant employee who is capable of working with some limitations and not allowing them to do so, is treating them differently than those who are not pregnant - which is discriminatory.

In the employment setting, pregnant women are often the most vulnerable to discrimination and ultimate termination as many employers view them as less than capable to do their job and have concerns that they will be away from the workplace while giving birth.

The American Civil Liberties Union has filed a civil suit under Title IX of the Civil Rights Act on behalf of a homosexual teenager, alleging that a northern New York school district, discriminated against him based on his sexual orientation. Title IX provides that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

The victim claims he suffered “relentless harassment” and threats of violence because of his sexual orientation, yet school officials did nothing to protect him. The Department of Justice testified on the teen’s behalf, and argued that the Civil Rights Act affords protection against sexual discrimination in gender identity cases, thus affording protection to homosexuals. The ACLU was pleased with the DoJ’s testimony, stating it was a “significant development” in the case.