Job Discrimination, Harassment by Gilpin Law Firm

Age discrimination at work

Wed, 22 Feb 2012 15:16:00 -0600

What if I get laid off or fired at work and only younger employees are put in my job or kept on? Is that age discrimination? The answer is "maybe". If you are 45 or older, have no work discipline or production problems and your "job duties" and position are kept by the employer, then it sounds like you were treated different based upon your age. Under the federal Civil Rights Act "age discrimination" is illegal and you may have a case. Employers who discriminate on age usually target more senior employees who have earned higher salaries and benefits; and, are approaching a retirement or company pension. These employers calculate that a younger employee is cheaper on salary and benefit demands and less savy about what is a fair wage. Often, but not always, in these cases employers talk about "new blood", "fresh ideas", etc., and terminate the more senior employee offering a variety of made up reasons or no reason for the firing.

Job Discrimination & employer "pretext"

Tue, 07 Feb 2012 12:36:56 -0600

What if my employer treats me different than coworkers on the job, then claims a legitimate reason for the poor treatment? Do I have a case of job discrimination? The answer is "maybe". Federal law protects several categories or groups from disparate (wrongful) treatment in the work place. If you are harassed, discriminated against or fired due to your race, sex, age, pregnancy, disability, religion, ethnic background or nationality, then the law will protect you. (You are also protected from discrimination or firing under Oklahoma law when you suffer a work injury and/or pursue a Workers' Comp claim or related medical care.) Under the federal anti-discrimination laws, once you allege that you are in one of the protected categories, suffered discrimination, harassment, firing, etc., related to your status under that catagory (sex, race, etc.,) and your employer has more than 15 employees (number required under the law), then the burden shifts to the employer to allege that your work place treatment is not related to your race, sex, etc.; instead, that the treatment is related to a legitimate work purpose. At that point, the employee must argue back that the employer's reason for the job treatment is mere "pretext" (lie or distortion) by presenting evidence proving discriminatory reason(s) or intent for the wrongful work place treatment.

Fired for requesting FMLA leave?

Thu, 02 Feb 2012 12:45:28 -0600

Can I be fired for requesting work leave under FMLA? The short answer is "no". FMLA (Family Medical Leave Act) is a set of federal laws under which an employee can request up to 12 weeks of unpaid work leave for occurrences such as sickness or injury, or the birth or adoption of a child or the sickness or injury of an immediate family member or parent. An employee is protected under the law against employer harassment, discrimination or termination based upon the employee asking about his/her rights under the law or work leave under this law. Now, the employee may or may not be eligible for FMLA leave depending on the size of the employer (number of employees) and the length of time the employee has worked for that employer. But, asking for or about your rights under the law is protected.

Who is protected from job Discrimination?

Fri, 27 Jan 2012 12:04:06 -0600

In the work place, a variety of groups are protected from Discrimination, Harassment & Wrongful Firing. People are protected from job Harassment, Discrimination and/or Wrongful Firing in the work place when the wrongful act(s) are based on their: race, sex, pregnancy, disability, age, religion, nationality, ethic background, or, in Oklahoma, b/c you filed a Workers Comp claim or sought legal advise or medical treatment b/c of a work related injury.

Medical Info for FMLA claim

Wed, 18 Jan 2012 15:37:57 -0600

What medical information is required to file a FMLA claim? Each employer will be a little different, but medical information, and no doubt some version of forms, will be required so an employee can take a FMLA work leave First, you must timely inform your employer that you are requiring work leave under the Family Medical Leave Act, FMLA. An exception is made under the Act for emergencies, but the employee must still make every effort to inform an employer when a situation arises as soon as the employee can reasonably do so. The employee taking the work leave should expect to fill out forms from the employer and/or to take these forms to the relevant doctor. The doctor should fill out these forms with the necessary medical information confirming and describing the situation necessitating the work leave. Then, these completed forms should be returned to the employer by the doctor's office or the employee should faciliate the return of the completed forms so no "hitches" develop in the process.

Fired due to your age?

Thu, 29 Dec 2011 14:38:15 -0600

Can I be legally fired due to my age? The answer is "no", as long as you are adequately performing your job and your job isn't eliminated due to the economy. Oklahoma is an "at will" employment state. But, you can't be fired if the reason for your termination violates a pubic policy. And, firing someone just because they are over 40 or the employer wants to bring in "new, younger blood", or maybe the employer wants younger employees who cost less on the company's health or benefits insurance or you are fired so you can't retire soon on the company plan, is "age discrimination" and violates state and federal laws.

Is Family Medical Leave Paid?

Fri, 16 Dec 2011 13:38:31 -0600

Does federal law commonly known as FMLA, short for the Family Medical Leave Act, provide for “paid” leave from work? The short answer is “no”. If the employee in question qualifies for protection under the Act (the employer has the required minimum number of employees, the employee has worked for that employer for the minimum required period of time and the employee’s health event qualifies under the Act), the employee is entitled to a maximum of 12 weeks off work, unpaid. This work leave can be taken in pieces or all together. Beyond the Act, the employee should check his/her employer’s company policies for other forms of paid work leave, including vacation pay, disability benefits, sick leave, etc., If the employee is a member of a union, he/she should also review the union contract to ascertain if it provides paid leave from work that might fit the situation.

Vacation Time for Religious Holidays?

Fri, 16 Dec 2011 13:35:17 -0600

Can my employer make me take vacation time for religious holidays? Or, is that discrimination? Short answer to both: "maybe". Discrimination based upon one's religion in the work place is fact specific to the tenets of your sincere religious beliefs and the requirements of your job. In this instance, one might ask if other employees must use vacation time for their religious holidays? The answer to many work place religious discrtimination questions usually centers around two concerns: 1) do the basic tenets of your sincerely held religious beliefs contradict the real requirements of your job, and 2) can your employer accommodate your beliefs in relation to the job duties? For instance, recently in Oklahoma a young Muslim lady, who wore a head scarf, applied and was denied a job at a big chain clothing store. The excuse was that her head scarf (sincerely worn as a tenet of her religious beliefs) violated the chain store's dress and image policy. At trial, the judgment was that the store's "dress and image" policy was a form of religious discrimination. The head scarf did not really violate the job requirements (or create an image probelm), but it was a sincere tenet of the young womans' religious beliefs.

Harassed or Fired Because of Medical Leave?

Sat, 27 Feb 2010 17:08:36 -0600

Can an employer harass, deny or fire you due to a Medical Leave? The answer: it depends. If you qualify, under the Family Medical Leave Act, FMLA, an “eligible” employee is entitled up to twelve (12) workweeks of unpaid leave due to a serious health condition that renders the employee unable to perform his/her job functions, the serious health condition of a spouse, parent, child, birth of a child or adoption of a child. You should tell your employer right away if such a problem exists. The law requires 30 days notice to an employer, unless the condition necessitating the leave is immediate, i.e., an emergency and you can't help it. An employee is not required to identify the leave as "FMLA leave". However, an employer is required to identify and record the leave as FMLA leave. It is unlawful for an employer to interfere with, restrain or deny the exercise of or attempt to exercise any right protected under FMLA. And, if an employer interferes with the FMLA-created rights to medial leave or to reinstatement following the leave, a deprivation of this right is a violation regardless of the employer’s intent.

But, what's an “eligible” employee under FMLA? There are several requirements to fall under FMLA protection and we will only briefly touch upon one such requirement. Basically, an “eligible” employee under FMLA must be actively with an employer for twelve (12) months before the medical leave. But what if, like a lot of people in this economy, you were with the employer partially through a temporary employment agency, then hired on permanently? And, all of your time with that employer is at or near the 12 months of active work FMLA required time period. Courts have found that an employee’s time period with a temporary employment agency, working on the permanent employer’s site and under its general control, counts toward fulfilling the time period relevant to an “eligible” employee. This is not an easy situation and the law is stocked with pitfalls. These are only the basics of FMLA law. There is lots more to know and more that might apply to your situation and facts. Consult an experienced attorney for a complete picture and advise. Can your employer harass you and threaten your job because you need to take a Medical Leave of absence? Can your employer fire you because you had to take Medical Leave for yourself or to care for a sick spouse or child? The answer: it depends.

Work Harassment, The Steps You Should Take

Thu, 04 Feb 2010 11:22:14 -0600

First, you need to tell the work manager, supervisor or co-worker harassing you for a date, sexual contact or about your race, your sex, your nationality, pregnancy, etc., to stop it. You need to be clear that you are not enjoying this attention and find it offensive. If he/she doesn't stop right away, start making a log of the offensive contact and harassing behavior. You will not remember all the bad stuff, the days it happened, etc., without a log. Time will fade your memory on the details. Go to upper Management at work and make a complaint specific to what's happening to you. Don't be vague. If it's about sex, say it's about sex, or race or pregnancy, etc.,. Remember, you are not only making a complaint hoping to resolve the matter (and keep your job), but you are also making a record (keep a copy of your log and complaint) and giving your employer an opportunity to do what's right and solve the problem. That cannot happen if you are not specific and direct about the problem in your complaint. If the offensive activity continues, or your employer retaliates against you for complaining (which happens), the law will help you. But it gets complicated and tricky fast. Depending on the reason or basis for the harassment or discrimination, different laws and time limitations apply. If the subject is your race or sex, the next step, after a timely complaint to upper Management, is a complaint to the applicable government agency, usually either the state Human Rights Commission or the U.S. Equal Employment Opportunity Commission. But, in Oklahoma, that has to be on file no later than 300 days after the last offending act or retaliation. To protect yourself, contact an experienced employment law attorney as soon as its clear the offending person just won't stop making your life miserable.