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Sexual harassment claims, as well as most employment claims, are comprised of several battles that make up a larger war. The case of Melissa Ignasiak Smith is a perfect example. Smith claimed to have endured sexual harassment at the hands of lieutenants and chiefs...
It is a common misconception that sexual harassment can only occur if the harasser acts out of sexual desire toward the victim. However, as the Sixth Circuit recently explained in Waldo v Consumers Energy Co., any unequal treatment of an employee that occurs solely...
Generally, in order to establish a claim for hostile-environment based on gender under Title VII of the Civil Rights Act of 1964, a plaintiff must prove (1) that the harassment was unwelcome, (2) that the harassment was based on sex, (3) that the harassing conduct was...
All employment attorneys are cognizant of the fact that, every once in awhile, judges in Courts at every level can make incorrect decisions. Dockets can become insurmountable and pressure from deadlines can lead to hastily made decisions. In other words, judges are...
Among the many changes brought about by the Patient Protection and Affordable Care Act of 2010 (popularly known as “Obamacare”) is an amendment to the Fair Labor Standards Act of 1938 (FLSA), which requires employers to provide lactating mothers with time, and a...
As the Employment Law Attorneys at Spitz, The Employee’s Law Firm know, sometimes the same bad acts – such as gender discrimination– can lead to multiple legal claims under the law. As the saying goes, there is more than one way to sue someone. Thus, what at first may...
As an employment discrimination attorney, I am cognizant of the many misconceptions about sexual harassment claims. Sexual harassment is an issue only for young women. Sexual harassment can only occur on work time. The male supervisor has to ask for sex more than...
The employment attorneys of Spitz, The Employee’s Law Firm are no strangers to national origin discrimination lawsuits, but one cannot help but be slightly surprised to hear that a Caucasian female recently filed a lawsuit against her Company for discriminating...
Title VII of the Civil Rights Act of 1964 makes it clear that sexual harassment in the workplace is unacceptable and illegal, and it is an employer’s responsibility tomake sure employees know that sexual harassment will not be tolerated. Employers should provide...
No one deserves to feel unsafe or uncomfortable in the workplace – especially based on the color of their skin, the religion that they practice, or their national origin. In fact, employers are required to ensure that their work environments are free of harassment and...