The same day the report was released, the United States Senate Committee on Aging held a hearing to determine the extent of this problem. According to their findings, older workers are less likely to become unemployed, but once they lose their job, they frequently encounter employers unwilling to hire them due to their age.
]]> One 73-year-old woman, who testified at the congressional hearing, has been turned down for countless jobs over the last two years. She recalls an instance where she was being interviewed for a retail job, but was rather obviously passed over for a younger woman despite being more than qualified for the position. Like many Americans her age, the woman is trying to help support herself and spouse who has a debilitating medical condition.Even though it's widely acknowledged that older individuals have a hard time being hired due to their age, some people do not believe that it's the government's job to help those facing age discrimination. The Manhattan Institute, a think tank, also disputes the idea that the problem is fueled by employment discrimination.
Despite the reservations of some, federal law requires that employers do not use discriminatory practices while hiring. According to the Age Discrimination Employment Act of 1967, a person must not be refused a job due to their age or perceived age. Anyone over the age of 40 and looking for a job should be concerned with how age discrimination may affect their ability to get hired.
Those who have spent many years as a professional have a wealth of knowledge and experiences to offer an organization. A person's clearly identified qualifications should not be overlooked for something that doesn't play a role in your ability to do a job effectively. At the same time, employees and prospective employees should not be willing to accept employment discrimination as a symptom of an underperforming economy. Everyone deserves to be treated fairly and evaluated on their qualifications.
Source: The Huffington Post, "Age Discrimination's Impact Disputed In Congressional Hearing On Unemployment," Arthur Delaney, May 15, 2012
]]>According to reports, police were responding to a medical alert, because the military veteran had a heart condition. Family told police the man was fine, but the police insisted on seeing him. At that point, a two-hour standoff began.
]]> Apparently, the man had a hatchet and was threatening to harm the police in his emotionally disturbed state. Witnesses report that an officer used a racial epithet during the standoff. The officer in question is white and the veteran was black. Unfortunately, the incident came to a tragic close as the officer fired two rounds into the man's body.The victim's family is decrying the inappropriate, brutal use of force against the man. The case not only raises concerns about racial motivations, but how police handle confrontations with emotionally disturbed individuals. Understanding that a person that is not mentally healthy seriously changes the dynamics of a confrontation and should change how police deal with a situation.
Even though criminal charges are apparently no longer an option, the family still has the ability to sue the police in civil court for the way they handled the incident. Determining negligence in a civil setting is separate from the criminal process. Racism is not criminally punishable, but it may help prove negligence in a lawsuit for a civil rights violation. Just because the criminal proceedings are over does not mean that the man's family is unable to pursue justice in his memory.
Source: The Poughkeepsie Journal, "No charges in fatal NY police shooting," May 3, 2012
]]>Most recently, a Manhattan Supreme Court judge ruled that a suit lodged by two massage therapists employed by the Jets will be allowed to go to trial, despite aggressive challenges from the team. According to the two massage therapists, Favre sent a series of suggestive text messages to them and they were later fired for complaining about the inappropriate messages.
]]> As soon as the two part-time employees informed their superior about the sexual harassment, they were fired from their jobs. As such, the two are seeking damages from the team, Favre and the team's massage therapy coordinator.One of the biggest implications of this decision is that Favre will likely be taking the stand to respond to the allegations of inappropriate interaction with team employees. This means that he will have to take an oath and answer questions truthfully.
Since all of the claims made against Favre have received a tremendous amount of media attention, it will be very important for those involved with the case to review all of the relevant documentation and evidence. Media speculation can sometimes cloud the truth, so it is vital that the facts are laid out in order for the women to receive a fair judgment.
Professional sports have been dominated by men for quite some time. As women continue to make strides into the world of professional sports, as athletes and employees of organizations, it is important that they are treated with the same respect and dignity as anyone else.
Source: CBS New York, "Judge Won't Dismiss Text Suit Against Favre, Jets; QB Must Testify," May 1, 2012
]]>According to a recently filed lawsuit, a woman, who is a native of Trinidad, has been the victim of repeated racial discrimination. Her employer, the Interpublic Group, has been "systematically" treating people of color unfairly for nearly 20 years. Apparently the woman has been passed over for promotions and pay increases several times since she started in the company's legal department many years ago. She has filed a discrimination claim against the company, seeking $50 million in punitive damages. The lawsuit is being filed on the basis of Title 7 of the Civil Rights Act, which forbids workplace discrimination against individuals on the basis of their race or national origin.
]]> The agency has vehemently denied the woman's claims.The New York woman's lawsuit comes on the heels of a study exploring diversity within the ad industry. Their findings confirm what the woman is alleging: Minorities in the ad industry routinely feel the need to "prove themselves" and surmount obstacles.
This particular lawsuit is one among many that cover issues of diversity in New York's advertising sphere. Other lawsuits make claims about sex discrimination, in addition to racial discrimination. New York City officials have put pressure on the ad industry to make their practices more equitable, but it appears that there is still work to be done.
If these claims of workplace discrimination are indeed true, it is primary evidence that institutional discrimination in the advertising sector is not a thing of the past. Rather, it is a very real problem for many New Yorkers looking to build their career. At this point in our society's development there is no excuse for treating people unfairly. Performance should be the only criteria by which employees are measured. Until the day that full workplace equality is realized, workers will have to continue to stand up to ensure that positive changes are made.
Source: Media Daily News, "Agencies Hit By Discrimination Suits, Latest Calls IPG 'Systematic'," Steve McClellan, April 20, 2012
]]>The film tells the story of a New York man who was imprisoned for days and coerced into confessing to the murder of his 4-month-old son, who was near death at the time of his arrest. The film utilizes footage of the interrogations conducted by police, which utilized threats and psychological ploys to muster a confession out of the man.
]]> Police claim that the man threw his son against a wall, which led to his death. According to the interrogation footage, police told the man that they would arrest his wife if he didn't confess to abusing his son. Furthermore, the police said that the young boy could be saved, even though they knew he couldn't be healed, if he admitted his guilt. At that point, the man felt as though he wanted to end the ordeal by confessing to the abuse in order to see his ailing boy.Throughout the interrogation process, the New York man did not have an attorney present. As the film indicates, it is the man's inexperience with the criminal justice system -- he had no prior arrests - that allowed cops to manipulate him into confessing. No one was there to advise the man of his constitutionally-guaranteed civil rights.
The case went to court and the man was convicted of depraved indifference murder, and the man could spend 25 years to life in prison. This conviction came despite testimony that said the boy died as a result of a brain infection, not trauma consistent with the confession.
According to the filmmakers, they were not trying to advocate for the man's innocence, but they hoped to expose the problem of false confessions obtained through coercion. Normally, a confession gained through such means would be inadmissible in court. Above all, it's a portrait of how far law enforcement will go, to the point of violating basic civil rights, in order to land a guilty verdict. Hopefully, this film will assist the man in finding some measure of justice for this apparent abuse of power.
Source: Reuters, "Film puts 'false confessions' in the spotlight," Dan Wiessner, April 13, 2012
]]>Much like this particular woman, many people, women in particular, working in New York City may feel the pressure to maintain a youthful appearance in order to get ahead in an ultra competitive job market. Though laws exist to protect individuals against age discrimination in the workplace, many individuals still feel pressure to maintain a youthful image. The idea is that as people begin to show the signs of aging, they cannot compete with those who appear younger.
]]> At the same time that many New Yorkers fear being passed up for a promotion because of their age and physical appearance, there is a subset of individuals trying to combat the norms of age discrimination by proudly going gray. In fact, some celebrities and fashion models are sporting gray hair, because it is considered to be in vogue.Some established businesswomen, who used to dye their hair because they began to go gray at a young age, are beginning to let their natural hair color show. In some cases, nothing has changed and they have continued to advance professionally. Yet there is still an overwhelming concern, especially in a fast-paced city like New York, that letting hair go gray may hinder a person's career.
Age and physical appearance, of course, are not indicative of a person's ability to perform their job. Employers should not make unfair demands of their employees in order to fit their idea of how their employees should look. Despite possible fashion trends, many people still suffer the unfair burden of age discrimination. By understanding your civil rights and making sure your employers enforce employment laws, you can help to create a workplace culture that is inclusive and does not tolerate unnecessary discrimination.
Source: The Associated Press, "Gray hair's in fashion, but what about at work?" Leanne Italie, April 2, 2012
]]>This man did not expect to become subject to arrest when he visited a New York court to address a housing issue. After making multiple attempts to pass through metal detectors, the man found that a sandwich wrapped in foil in his pocket was causing the metal detectors to sound. At that point, the man successfully passed through security and he celebrated with a victory dance -- commonly known as the "The Witches' Brew." Court officers responded by placing the man under arrest for disorderly conduct. According to law enforcement officials, the man became combative, so they claim they needed to use significant force to subdue him. However, the man has since filed a lawsuit that says the accusation that he became unruly is a complete fabrication and an attempt to cover up this instance of police brutality.
]]> To make matters worse, the man ran into trouble when he came to court to respond to his disorderly conduct charges a couple months later. Court officers forced the man to go through metal detectors, despite the fact that he had a heart defibrillator installed. This caused the device to act erratically and the 61-year-old man collapsed to the courthouse floor.Fortunately, the man's case has been allowed to proceed. If the man's claims are indeed accurate, the court officers were in serious violation of his civil rights, on multiple counts. Not only did the police use an inappropriate amount of force on the older man, but they arrested him under specious circumstances. The man was simply demonstrating that he was happy to pass through security with a light-hearted gesture, and the officers overreacted. Rather than giving the man a polite warning to refrain from dancing, they chose to arrest him. Hopefully this case will be resolved in a manner that ensures justice is served.
Source: The Wall Street Journal, "Witches' Brew! NY Suit Over Court Victory Dance Continues," Chad Bray, March 29, 2012
]]>This case of sex discrimination began when the salon promoted the woman, who was an assistant colorist, to a colorist position. Eventually, news came out that the woman was pregnant and salon management responded by withdrawing their promotion offer. Unfortunately, the woman ended up being fired shortly after she was demoted.
]]> This suit raises the necessity for employees and their employers to be aware of the Pregnancy Discrimination Act. Everyone deserves to be treated fairly and on the basis of their ability to perform their job. Certainly, there are valid reasons to let employees go, but being pregnant is not one of them.In the case that an individual feels as though their employer has overstepped their authority by firing them or denying them a promotion simply because they are pregnant, or are perceived to be pregnant, then they may be able to seek compensation. Fortunately, New York and federal employment laws protect workers from facing sex discrimination on the job. In order to better assess your unique case, you may consider speaking to an attorney that can carefully review all the relevant facts of your situation and determine the best way to proceed.
Source: Jobmouse, "Warren Tricomi Hair Salon Rescinded Promotion And Fired Employee After Learning of Pregnancy," Anneline Waldman, March 16, 2012
]]>All of the women involved in the federal complaint have worked for the county since the beginning of the 1990s. Over the course of their time with the county, they faced a hostile work environment in which they faced degrading comments and unfair working conditions. Often times, the women were told not to speak in Spanish or were not allowed to answer phones because of their accents. In addition to nasty comments about their ethnic heritage, one of the women included in the suit said she was told that she would never be promoted because of her race.
]]> A few years ago, one of the women tried to seek justice by trying to communicate with higher-level county officials. After she sent a letter to a county executive, the woman was told she would be fired if she ever chose to lodge another complaint. Finally, the four women decided break their silence by coming forward with a lawsuit seeking damages for lost compensation, in addition to emotional and physical harm.The county's repeated abuse of their employees represents a serious failure to uphold the inherent dignity of all its employees. No one should show up to work only to be told that they are "dirty" or "stealing tax dollars" because of their national origin. A work environment should be supportive and provide opportunities for people to improve their professional skills. No one can truly thrive in a work environment that is so hostile to their employees.
Source: Long Island Business News, "4 Latino women sue Nassau for discrimination," John Callegari, March 13, 2012
]]>The man targeted by police, who is only 19 years old, was stopped as he was walking through his Bronx neighborhood. Police then seized the man, slammed him to the ground and placed handcuffs on him. As a result of the excessive use of force, the man needed staples and stitches for wounds sustained on his head and elbow. Only days after the incident, a video captured on a cell phone was posted on the Internet. The city's police commissioner saw the footage and launched an investigation.
]]> Eventually, the man was brought to court on the charges for which he was arrested. It soon became obvious that the police did not have sufficient evidence to prove he was guilty of any of the charges, so a motion to dismiss was granted. Representatives for the 19-year-old man say the police "fabricated" the drug charges in order to justify their actions. At the same time, the young man was accused of stealing a cell phone, but has also claimed innocence in that case.The 19-year-old victim of police brutality is now taking civil action against the police force for their wrongdoing. Not only is there essentially indisputable evidence that the arresting officers assaulted the man, but there is reason to believe that the arrest itself was unwarranted. Police departments exist to protect people, not to harm and wrongly incarcerate them. Hopefully this claim will hold the police officers involved in the incident accountable for what they did and encourage internal reforms to better protect the rights of individuals.
Source: The New York Times, "7 Charges Dismissed Against Man Beaten by Police," Al Baker, Mar. 7, 2012
]]>The Equal Employment Opportunity brought the issue to court on behalf of the man. The case's main point of contention is over the firm's policy that removed partners from their equity share when they turned 70 years of age. As of now, it looks like the two parties are ready to reach a settlement, but the terms of the deal have not been disclosed. Since the suit was filed, the firm has discontinued this discriminatory practice.
]]> In this man's case, his age appeared to be the primary motivation for preventing him from being paid his share of the company's equity. Employers are not allowed to limit their employees from receiving compensation or opportunities simply because they have reached a certain age. The firm's policy to remove partners from eligibility for compensation when they reach a certain age unfairly targeted a certain group of employees. Employers should base their decisions to issue compensation and other opportunities based on an employee's merit and performance, not some superfluous quality that is outside of an individual's control.Already, it appears as though this particular complaint lodged by the EEOC is having some effect. The company policy in question has already been removed from practice. The ultimate goal of holding employers accountable for age discrimination, and other forms of discrimination, is to provide a safe and healthy work environment for all employees.
Source: The Wall Street Journal, "Settlement Conference Set in Age Bias Suit against Kelley Drye," Joe Palazzolo, March 7, 2012
]]>One of the most prominent critics of the department's police misconduct is actually someone appointed by Mayor Bloomberg to the city's Human Rights Commission. The civil rights leader has said that the police have tapped phones not because of suspected behavior or unscrupulous associations, but are singling out Muslims for "who they are" and their religious affiliation. He asserts that these actions are "obviously illegal."
]]> Bloomberg and other city administrators adamantly maintain that they are fulfilling their duty to protect the city. It does not appear as though the mayor or his administration will back down from their position, even though they are receiving criticism from within their ranks.Nobody disagrees that law enforcement should work to eliminate threats to public safety, especially horrifying acts of terrorism and. New Yorkers understand this sentiment better than most. Yet that does not mean the government can or should rely on illegal and unethical tactics to gather intelligence. Constitutional rights are granted in order to protect the rights of Americans against an obtrusive government.
It is not fair for law enforcement to react to an attack on our rights, such as a terrorist incident, by violating rights themselves. There is a legal and ethical way for police to gather the evidence they need to preserve public safety, and they have crossed a line in this case. No one deserves to be targeted for their constitutionally-guarded freedoms.
Source: The New York Post, "Mike's in-house Muslim critic," David Seifman, Feb. 26, 2012
]]>In 2008, the 62-year-old counselor recalls the first instance of discrimination. Administrators at the school told him he should not use Lego blocks with students during appointments, because it "would not look good" for him "being a gay man." Furthermore, the man was told that some teachers did not want their students seeing him because of his sexual orientation. Later on, when the counselor's mother passed away, he was harassed for missing work and denied wages for medical leaves. While at work he also faced disparaging remarks and slurs from co-workers and administrators.
]]> Because of the discrimination the man faced, he sued the City of New York and the Department of Education. However, the legal claim against the city was rejected because statutes do not protect sexual orientation discrimination. Meanwhile, federal courts are weighing whether or not sexual orientation is protected under retaliation laws. Though the city has been cleared for now, the Department of Education is still facing the claims of a hostile work environment and retaliation.The counselor has spent his career trying to help students through difficult life situations, and now he is facing a predicament of his own. In this case, it seems fairly clear that he faced hardship because of his sexual orientation. Unfortunately, this man is not the only person who currently faces discrimination because of his sexual orientation or perceived sexuality. This story is a reminder of how much progress society still has to make in regard to equal and fair treatment for everyone.
Source: Courthouse News Service, "'Gay' Comment May Cost NY Schools," Adam Klasfield, Feb. 23, 2012
]]>In response to a federal investigation, the New York Public Schools Athletic League (PSAL) has focused almost entirely on forming new sports teams for girls. That move has left little room for new opportunities for male students attending newly opened high schools. Rather than forming teams for both girls and boys at new schools, PSAL has almost exclusively formed teams for female athletes.
]]> No one is arguing against the necessity for girls' sports teams in high schools, but critics of PSAL's efforts don't understand why boys attending new schools aren't afforded the same opportunity as their female peers. Because new schools have virtually no boys' teams, those students are without an opportunity to hone their athletic talents. Critics also raise the point that new schools played no role in long-standing gender discrimination issues, so they shouldn't be targeted by education officials' efforts.The intent of Title IX is to provide equal athletic opportunities to students, no matter their sex. What seems to be going on in New York is an overreaction that disenfranchises a great number of students. As a society, we should always be striving to provide equal and fair opportunities for all people.
No one deserves to be discriminated against based on their sex. When someone feels as though an institution has treated them unfairly, because they are a woman or man, they might have a legal claim to fight for their rights. Doing so will push institutions to adjust their practices so that everyone is treated fairly.
Source: Wall Street Journal, "Boys Being Sidelined," Sumathi Reddy, Feb. 17, 2012
]]>A 31-year-old mother-to-be informed her workplace about her pregnancy and instead of allowing the working woman to take maternity leave, the company asked the woman to resign from her position. The company informed the woman that she was not protected under the Family and Medical Leave Act because she had worked for the company for only four months. The Family and Medical Leave Act allows certain employees to take up to 12 weeks of unpaid leave a year. The time can be used to care for newborns or to take of sick family members. The FMLA is a federal law and therefore covers eligible working parents in New York.
The mother-to-be left her previous employer for a new position at the company four months earlier and human resources executives told the woman that whether she was sick or pregnant and did not show up to work her absence would be interpreted as a resignation because she had not been with the company for the requisite time period.
]]> One expert says it is not enough for the company to merely state the policy. The company must also practice its policy in the way it is described by treating sick workers and pregnant workers similarly.Source: abcnews.go.com, "Connecticut woman told that maternity leave viewed as resignation," Susanna Kim, Feb. 3, 2012
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