Introduction

The franchise owner of several IHOP restaurants has agreed to pay a $1 million settlement in a sexual discrimination lawsuit. The lawsuit, brought by a class of 22 women, alleged that they had been sexually harassed at one of the franchisee’s restaurants. Here’s what you need to know about the case.

Background

The lawsuit alleged that a female manager at one of the IHOP restaurants owned by the franchisee had sexually harassed multiple female employees. The harassment reportedly included lewd comments, unwanted touching, and requests for sexual favors. The alleged behavior continued despite complaints from the victims.

The Settlement

The franchise owner agreed to a $1 million settlement in the lawsuit, which will be split among the 22 plaintiffs. As part of the settlement, the franchise owner also agreed to implement new policies and procedures to prevent and address sexual harassment in the workplace.

Reaction

The settlement has been hailed as a victory for the victims of sexual harassment and a reminder that such behavior will not be tolerated in the workplace. However, some activists and experts argue that $1 million is not a sufficient deterrent against sexual harassment and that more needs to be done to hold individuals and companies accountable for such behavior.

Preventing Sexual Harassment in the Workplace

The settlement underscores the importance of preventing sexual harassment in the workplace. Companies can take steps to prevent such behavior by establishing policies and procedures that promote a safe and respectful work environment. Training employees on sexual harassment prevention and response can also be effective in reducing the incidence of such behavior.

Conclusion

The settlement in the sexual discrimination lawsuit against the IHOP franchise owner provides a measure of justice for the victims of sexual harassment in the workplace. It is important that companies take proactive steps to prevent such behavior and ensure that employees are aware of their rights and that such behavior will not be tolerated. Only then can we create a workplace that is safe and respectful for all.

The franchise owner of several IHOP restaurants located throughout New Mexico has agreed to settle a sexual discrimination lawsuit for the sum of $1 million.  The lawsuit alleged that a class of 22 women had been sexually harassed by a manager at one of the IHOP restaurants owned by the franchisee.

The group of women harassed by the manager, Lee Broadnax, ranged in age from women in their teens to those in their twenties.  The youngest harassment victim was just sixteen years old at the time the conduct took place.

Broadnax engaged in several different types of harassment with multiple employees.  In addition to making frequent attempts to kiss female employees, he also touched women who worked for him on their hips and buttocks.  He also exhibited behavior that the women being harassed found disturbing, like staring at women employees and licking his lips.

Sexual harassment was pervasive in the IHOP restaurant where the lawsuit stemmed from, according to the EEOC.  Broadnax was also accused of making comments about women’s body parts and stated explicitly that he wanted to take clothes off of one of his employees.

The settlement represents a victory for the 22 women who had been victimized by the manager in the case.  Strangely, this is not the first time that IHOP franchise owners have faced similar sexual harassment allegations this year.  Earlier in the year, IHOP appealed a lower court ruling that held the company liable for harassment by a manager at another restaurant.

In that case, young girls had also been harassed by a manager, and the women involved had made complaints against their harasser.  The attorneys for IHOP in that case maintained that because all employees, including managers, had attended sexual harassment seminars put on by the company, they were not liable for harassment coming from just one employee.

While that argument may have sounded convincing to IHOP, it didn’t convince the judge, who found the restaurant liable for the harassment the employees had experienced.  The court held that it was not enough to simply have an employee harassment and discrimination policy, or to train people regarding the policy—in order for a company to escape liability,  it must be able to demonstrate that it has actually enforced the policy when a complaint is made.

The Equal Employment Opportunity Commission has been pursuing discrimination and harassment cases more aggressively in the last several years, following a slowdown during the Bush administration.  In addition to pursuing sexual harassment allegations, gender discrimination and cases involving pregnancy discrimination are also ramping up as the EEOC continues to promote its mission of ending workplace discrimination for Americans.

IHOP has also agreed to include additional training regarding discrimination and harassment as part of its future employment training, and will provide employees with notice of the settlement.

Sources: uscourts.gov, eeoc.gov

Introduction

The Equal Employment Opportunity Commission (EEOC) recently reached a settlement agreement with the Muskegon River Youth Home, which had an employment policy that discriminated against pregnant employees. Here’s what you need to know about the case.

Background

The Muskegon River Youth Home, a detention facility for juveniles in Michigan, had an employment policy that required employees to notify their supervisor as soon as they became pregnant and to complete a job modification request form. Failure to comply could result in termination. The EEOC alleged that this policy was discriminatory toward pregnant employees and violated federal law.

The Settlement

As part of the settlement, the youth home agreed to pay $41,500 to compensate the pregnant employees who were adversely affected by the policy. The youth home also agreed to provide training to its employees on pregnancy discrimination and to revise its employment policies to ensure compliance with federal law.

Reaction

The EEOC hailed the settlement as a victory for pregnant employees and a reminder to employers that discrimination against pregnant employees will not be tolerated. The case serves as a warning to other employers who have policies that discriminate against pregnant employees.

Preventing Pregnancy Discrimination in the Workplace

Employers can take steps to prevent pregnancy discrimination in the workplace by ensuring that their employment policies are in compliance with federal law. Managers and supervisors should also be trained on how to recognize and prevent pregnancy discrimination, and employees should be educated on their rights under the law.

Conclusion

The settlement in the pregnancy discrimination case against the Muskegon River Youth Home serves as a reminder that discrimination against pregnant employees is illegal and will not be tolerated by the EEOC. Employers should take steps to ensure that their policies and practices are in compliance with federal law to prevent discrimination and protect the rights of all employees, including pregnant women.

The Equal Employment Opportunity Commission announced earlier this November that it has reached a settlement agreement with the Muskegon River Youth Home.  The youth home, which served as a detention facility for juveniles in the state of Michigan, had an employment policy that required employees to take particular steps as soon as they became pregnant.

Once an employee learned that they were going to have a baby, the employment policies and procedures handbook at the Muskegon River Youth home stated that she must notify the youth home immediately about the pregnancy.  After this notification, she was required to go to a doctor’s office and get a doctor’s note giving her permission to continue working in the youth home before she would be allowed to continue working.

If women at the Muskegon River Youth Home were unable to produce a doctor’s certificate, they were forced to go on a leave of absence throughout their pregnancy.  This leave of absence was unpaid. Women who were pregnant and unable to provide a doctor’s note were also required to continue using unpaid leave until they had not been pregnant for 30 days or more.

The reasoning behind this policy had to do with liability.  The Muskegon River Youth Home claimed that they simply wanted to avoid the possibility of lawsuits from pregnant women who had become sick or injured while on the job in part because of their pregnancies.

Workers from the Muskegon River Youth Home sued in district court, alleging violations of the federal Pregnancy Discrimination Act, which prevents employers from engaging in discriminatory practices against pregnant women.

The EEOC announced its lawsuit in late September, and by early November a tentative settlement plan had already been decided upon.  Under the terms of the settlement, the EEOC will be able to monitor the activities of the Muskegon River Youth Home for evidence of continued pregnancy discrimination for a period of up to ten years.  The youth home will be required to make regular reports to the EEOC, as well as to immediately change the policy that led to the lawsuit.

According to the EEOC, the Pregnancy Discrimination Act requires employers to treat pregnant employees the same as non-pregnant employees.  By requiring pregnant employees to obtain specific medical permission to continue working, which was not normally required for employees, the Muskegon River Youth Home put itself at odds with the PDA.  The EEOC has been cracking down on violations of this law over the last year, and it’s likely that there will be more PDA lawsuits in the next several months as this law continues to be enforced and interpreted.

There is some indication that the EEOC may also begin to pursue pregnancy discrimination related claims under Title VII of the Civil Rights Act.  The EEOC is already appealing in a Texas lactation discrimination case, claiming that both Title VII and the PDA can apply to cases where pregnancy related conduct is being discriminated against, because pregnancy is a condition that is dependent on the sex of the person carrying the baby.

Sources: eeoc.gov, uscourts.gov

Introduction

Señor Frog’s, a popular chain of Mexican restaurants in tourist areas, is facing a lawsuit filed by a group of nine claimants who allege that they were subjected to harassment and discrimination. The lawsuit alleges that top executives at the company not only condoned such behavior, but participated in it. Here’s what you need to know about the case.

Background

The claimants allege that they were subjected to repeated and flagrant harassment, discrimination, and assault while working at Señor Frog’s. They claim that the harassment occurred at the hands of management personnel, including top executives, and that the company failed to take appropriate action to address the issue. The Equal Employment Opportunity Commission (EEOC) has filed a complaint against the company alleging violations of federal law.

The Allegations

According to the EEOC filing, the harassment and discriminatory practices at Señor Frog’s were widespread and involved top executives at the company. The allegations include sexual harassment, age discrimination, and retaliation against employees who spoke out against the abusive behavior.

The Lawsuit

The lawsuit seeks compensation for the harm caused to the claimants as a result of the harassment and discrimination they experienced at Señor Frog’s. The claimants are also seeking an injunction to prevent the company from engaging in such behavior in the future, as well as expanded employee training and oversight.

Reaction

The lawsuit has drawn attention to the issue of harassment and discrimination in the restaurant industry and the responsibility of employers to address and prevent such behavior. It serves as a reminder that all employees have the right to work in an environment free from harassment and discrimination, regardless of their position or industry.

Preventing Harassment and Discrimination in the Workplace

Employers can take steps to prevent harassment and discrimination in the workplace by establishing clear policies and procedures, conducting training and education programs for employees, and creating a culture of respect and accountability. Managers and supervisors must also be trained on how to recognize and address instances of harassment and discrimination and ensure that appropriate action is taken.

Conclusion

The lawsuit against Señor Frog’s highlights the serious and harmful impact of harassment and discrimination in the workplace. Employers have a responsibility to create a safe and respectful work environment, and failure to do so can result in legal action. It is important that companies take proactive steps to prevent and address harassment and discrimination, ensuring that all employees are treated with dignity and respect.

Señor Frog’s, a chain of Mexican restaurants associated with party-heavy tourist areas, is being sued by a group of nine claimants who say that they were subjected to flagrant and repeated harassment and discrimination.  According to the claimants, harassment and discriminatory practices occurred at the highest levels of the company.  The Equal Employment Opportunity Commission filing accused the restaurant owner and top executives of encouraging and even actively participating in harassment and assaults.

According to the complaint filed by the EEOC, during the time period from June 2007 to December 2008, at least nine employees of the Waikiki Señor Frog’s restaurant were verbally and physically harassed.

The young women involved in the lawsuit were all in their teens or twenties at the time that the alleged harassment occurred.  The complaint alleges that management would encourage underage employees to drink with them, and that they would also imply that they were getting the women drunk in order to have sex with them.

Managers at the Señor Frog’s branch were also accused of making demands for body shots to be served using the bodies of female bartenders or customers.  Some of these managers also are accused of having sex with customers during their shift, in front of female employees working under them.

Verbal harassment accusations were extensive, and included allegations that the restaurant’s owner told one employee that the way she moved in a skirt caused him to become aroused.  Sexual advances and demands for sexual intercourse were frequent according to the complaint.

In addition to harassing employees, the EEOC alleges that Señor Frog’s subjected them to a continuing pattern of employment discrimination at all levels of hiring and promotion.  Male bartenders were promoted into better positions with better hours even though more qualified female bartenders were being passed up, the complaint indicates.

The Equal Employment Opportunity Commission made the accusations against Señor Frog’s earlier in November, stating that the extent of the harassment, as well as the high status of the harassers in the company, was what made them take the case.

Ordinarily, in a case where the harassment went as far as the restaurant owner and restaurant group, the EEOC would file the complaint against the parent company as well as the individual Hawaii unit of Señor Frog’s.  However, because the headquarters for the parent company of Señor Frog’s is located in Mexico, the EEOC has no jurisdiction and will not be able to sue the parent company in United States courts.

The harassment and discrimination experienced by the employees at Señor Frog’s is prohibited conduct according to Title VII of the Civil Rights Act of 1964.  This portion of the law made it a civil offense to discriminate against employees or create a hostile workplace environment through workplace harassment.  The EEOC is seeking punitive damages, lost wages, compensatory damages, and front pay for the women affected by the alleged harassment and discrimination.

Source: eeoc.gov

Introduction

A former employee of Target Corporation is suing the company for violating her rights under the federal Pregnancy Discrimination Act of 1978. The woman alleges that she was fired while pregnant, which is illegal under federal law. Here’s what you need to know about the case.

Background

The former employee worked at a Target store in Pennsylvania and was informed that her position was being eliminated shortly after informing her supervisor that she was pregnant. The employee claims that she was performing her job duties satisfactorily and had no prior disciplinary issues. She alleges that she was terminated solely because of her pregnancy.

The Pregnancy Discrimination Act

The Pregnancy Discrimination Act (PDA) was passed by Congress in 1978 to prohibit employers from discriminating against pregnant employees. The law requires employers to treat pregnant employees in the same manner as other employees who have similar job requirements or limitations. The law also prohibits retaliation against employees who assert their rights under the PDA.

The Lawsuit

The former employee is suing Target for violating her rights under the PDA. She alleges that she was fired solely because of her pregnancy, which is illegal under federal law. Target sought summary judgment in the case, but the court denied the request, allowing the case to move forward to trial.

Expected Outcome

The case is expected to be decided at the trial level in 2013. If the former employee prevails, she may be awarded damages for the harm caused by Target’s discrimination and be reinstated in her former position. The case serves as a warning to employers that discrimination against pregnant employees is illegal and may result in legal action.

Preventing Pregnancy Discrimination in the Workplace

Employers can take steps to prevent pregnancy discrimination in the workplace by ensuring that their policies and practices are in compliance with federal law. Managers and supervisors should be trained on how to recognize and prevent pregnancy discrimination, and employees should be educated on their rights under the PDA. It is also important for employers to have a complaint process in place to address and investigate any allegations of discrimination.

Conclusion

The lawsuit against Target serves as a reminder of the importance of complying with federal law regarding pregnancy discrimination in the workplace. Employers must treat pregnant employees the same as any other employee and may not discriminate against them on the basis of their pregnancy. Failure to do so can result in legal action and harm to both the employer’s reputation and bottom line.

Claiming that the company violated her rights according to the federal Pregnancy Discrimination Act of 1978, a former employee is suing Target Corporation.  Last week, the United States District Court for the Eastern District of Pennsylvania announced that they would not grant summary judgment to Target.  This ruling allows the case to go forward, and it is expected to be decided at the trial level sometime in 2013.

According to Christina Spigarelli’s attorneys, Spigarelli was employed by Target for approximately two years before she became pregnant and found out.  At the time when she notified her employer that she had become pregnant, she had not faced any disciplinary action within the company for over 10 months.  Prior to that, she had been disciplined at one time for apprehending a shoplifting suspect in a way that violated the company’s protocols for asset protection and loss prevention.

However, her announcement of her pregnancy seemed to change how her supervisor treated her.  She was given repeated warnings suddenly for violating parts of her job’s protocol—parts which she had not been accused of violating even once in the time before she announced her pregnancy.  After the third of these violations was recorded within a two week period, Spigarelli says that her supervisor informed her that her employment had been terminated.

The violations being recorded weren’t just suspicious because of their timing.  According to Spigarelli, her supervisor actually spoke with her about her pregnancy, and did so in an alarming way.  The supervisor told her that “pregnancy hormones” made women into poor decision makers, and talked about experiences with other pregnant women that made her feel this way.  These comments had the effect of making Spigarelli feel belittled for her pregnancy and delegitimized her authority in her department according to the complaint.

The supervisor told Spigarelli that pregnant women “get emotional and their hormones get all affected,” and that Spigarelli “was being too emotional and getting caught up into things.”  The district court judge ruled that these comments, in combination with the suspicious timing of the new conduct warnings, made summary judgment impossible in the case.

When being accused of discrimination under Title VII or the Pregnancy Discrimination Act, it is not enough in courts for companies to simply give someone enough written warnings until they are forced to leave.  If the courts determine that the relationship between a woman’s pregnancy and her termination were causal, then the company will be held liable for that discrimination even if they were able to indicate some other reason for the termination.

Employers are also not allowed, according to standards set by the Equal Employment Opportunity Commission, to “constructively terminate” an employee by creating a workplace environment that would make a reasonable person quit.  The fact that the EEOC is now pursuing these cases for pregnancy discrimination in the workplace means that employers should be especially careful to make sure that pregnant women are being treated in accordance with the law.

Source: uscourts.gov, eeoc.gov

Introduction

The American Association of University Women has recently released a study that suggests that the gender pay gap starts early in women’s careers, often before they even enter the workforce. This finding is significant as it highlights the need for action to address this issue at a young age.

Background on the Gender Pay Gap

The gender pay gap has been a contentious issue for decades, with women earning less than their male counterparts for doing the same job. It is a complex issue with many contributing factors, including discrimination, lack of access to education and training, and societal expectations.

Study Findings

The American Association of University Women’s study found that women’s earnings are impacted by a variety of factors early in their careers, including the major they choose in college, their first job out of college, and the amount of student debt they carry. Women’s earnings are also affected by the gender pay gap that exists in their chosen field.

Implications for Women in the Workforce

The findings of this study have significant implications for women in the workforce, suggesting that they are already at a disadvantage when they first start their careers. This means that the gender pay gap is not just a problem for women in mid-career or later, but is an issue that affects women from the beginning of their working lives.

Action Needed

In light of these findings, it is crucial that action is taken to address the gender pay gap. This includes efforts to eliminate discrimination in the workplace, increasing access to education and training, and supporting women in their careers. Employers can also take steps to ensure that they are paying their employees fairly and without regard to gender.

Conclusion

The study by the American Association of University Women highlights the need for action to address the gender pay gap, which starts early in women’s careers. It is crucial that efforts are made to eliminate discrimination and support women in their careers, as well as increasing access to education and training. Addressing the gender pay gap is not just a women’s issue, it is an issue that affects us all and requires a coordinated effort to solve.

The topic of a gender pay gap is hotly contested at the national political level.  Recently, the Paycheck Fairness Act was championed by Democrats in the House and Senate, but was opposed by Republicans and eventually blocked.  According to a recent study by the American Association of University Women, the pay gap is still a problem—and it starts earlier than most people think.

According to the AAUW’s study, women are paid significantly less than men as soon as one year after college graduation.  While some opponents of paycheck fairness legislation have argued that this gap is due to a difference in professions for men and women, the study shows that this is not the case.

While in some professional fields—like education, math, biology, humanities, and healthcare—men and women were paid about the same, in others the difference was marked.  While a male graduate of an engineering program can expect to make about $55,000 a year after graduation, his female counterpart would make around $48,500.

Similarly, male business majors earned about $7,000 more than female business majors, and another $7,000 gap in favor of men existed in the social sciences.  The starkest contrast was in the field of computer and information sciences.  Women in that field can expect to make just $39,000 a year after graduating from college.  Men make over $51,000—a difference of $12,000 that studies indicate becomes even bigger as men and women continue in the workforce.

The study shows a difference in women’s wages that cannot be explained by maternity leave or childcare responsibilities.  Because the survey was taken just a year after graduation, it is also not affected as much by differing requests for raises.

One of the most significant impacts of this pay difference, according to the AAUW, is that university educated women have more difficulty than men in paying their federal student loans.  Women’s paychecks take a bigger hit from loans, and more women default on their student loans than men.

The fields that have the most significant pay difference for women are also the fields that tend to attract the fewest women, suggesting that institutional discrimination in salary and job advancement may be contributing to women’s lower rates of entry into those majors.

The Lily Ledbetter Fair Pay Act, passed into law in 2009, allows American women greater ability to sue employers who are paying people less based on their gender.  This legislation has prompted a new look at creating new laws that can help women get a fair shake in the workplace.

Sources: eeoc.gov, aauw.org, house.gov

Virginia May Stop Shackling Pregnant Women in Labor

Shackling in Prison

The use of restraints in prisons has long been a point of controversy, with many arguing that it is cruel and inhumane treatment that can cause long-lasting negative effects on inmates. The situation becomes even more delicate when it comes to pregnant women in labor who are being restrained or shackled.

Current Shackling Practices

Currently, in many prisons and jails, pregnant women are still being subjected to a variety of restraints, even during their labor and delivery. These restraints include leg shackles, waist chains, and handcuffs, which can cause physical discomfort and also potentially be harmful to the health of the mother and child.

A New Rule in Virginia

Recently, Virginia proposed a new rule that would ban the use of restraints on pregnant women during labor and delivery. If this rule is approved, women in Virginia prisons and jails will no longer be shackled during this vulnerable time in their lives. The proposal has been praised by many advocates for women’s rights and the humane treatment of prisoners.

The Debate Around the Issue

The use of restraints on pregnant women has been a point of debate for many years. Supporters of the use of restraints argue that it is a necessary measure to ensure the safety of prison staff and to prevent escapes. However, opponents argue that it is an inhumane and unnecessary practice that can cause serious harm to the mother and child.

The Positive Impact of the New Rule

If Virginia approves the new rule, it will be a significant step forward in the treatment of pregnant women in prisons and jails. It will help to ensure that these women are not subjected to unnecessary and potentially harmful restraints during one of the most vulnerable times in their lives. It will also be a positive step forward in the fight for the humane treatment of prisoners, and in recognizing the unique needs of pregnant women.

Conclusion

The issue of shackling pregnant women in prisons is a serious one, and it is encouraging to see Virginia take steps to address it. If the new rule is approved, it will send a powerful message about the importance of treating prisoners with respect and dignity, and recognizing the unique needs of vulnerable populations. It is a reminder that even small steps can make a significant difference in the quality of life for those who are incarcerated.

Women who are pregnant or delivering a new baby will no longer be shackled or have waist chains applied, if Virginia approves a new set of rules for its prison systems.  Currently, Virginia prisons and jails are using a wide variety of restraints for prisoners that may include leg shackles and waist chains in addition to handcuffs.

While some prisons and jails have used these restraints only for women who are attending doctor’s visits for prenatal care, others have been significantly more severe.  Many women’s rights groups have been outraged by the fact that 33 states still allow women to be shackled even as they are giving birth, in spite of the safety risks this entails.

The new guidelines, if accepted, will require pregnant or birthing women to be unshackled at all times except for when they are being transported from one place to another.  At any time when they are in the hospital giving birth, they would be unrestrained if the guidelines are implemented as they read now.  Only handcuffs would be permitted for restraint of pregnant prisoners at times of transport.

According to opponents of restraints, restrained jail inmates are significantly more likely to miscarry.  Because of the changes to a woman’s balance that occur during pregnancy and the fact that restraints make it more difficult to regain balance, pregnant women are also more likely to suffer from falls when they are restrained.

Even after a woman’s baby has been delivered, leg shackles can actually lead to a significantly higher risk of hemorrhage or blood clots.  The new guidelines have been proposed by Virginia’s Board of Corrections in response to a request for a consistent policy on the shackling of laboring prisoners in the state’s jails.

The Virginia legislature may be voting on a state law that would supercede these rules and would also apply them not only to jails, but also to prisons.  According to the proposed law, additional restraints could be used for a pregnant woman who posed a genuine flight risk.  While this is rare—the vast majority of pregnant women will stay in the hospital even if they are completely unrestrained during labor—if additional restraints were needed, the sheriff’s office or prison official would have to explain why.

Sheriffs in Virginia have so far been opposed to both forms of the new guidelines.  According to the sheriffs, giving information about the shackling of prisoners could potentially compromise their security procedures.

Most pregnant women in Virginia’s jails are serving sentences of less than one year for non-violent offenses.  If the law proposed passes the Virginia legislature and is signed into effect by Virginia’s governor, it will become the 18th state to limit the extent to which pregnant prisoners may be shackled during labor and birth.  Advocates of these laws point to evidence that shows that pregnant women are among the least likely prisoners to be violent toward prison guards or medical professionals.