Avila & Shaddow Attorneys at Law 2025-12-02T08:36:01Z https://www.avilashaddow.com/feed/atom/ WordPress /wp-content/uploads/sites/1501575/2020/02/cropped-AvilaShaddow_FAVICON_512x512_FEB20-32x32.jpg On Behalf of Avila & Shaddow Attorneys at Law https://www.avilashaddow.com/?p=46199 2020-02-12T12:30:45Z 2018-03-13T07:00:00Z

Title VII of the Civil Rights Act of 1964, which protect workers from sex-based discrimination. The ruling is the first to find that religious beliefs may not be used as an excuse for workplace discrimination. On the same day as the 6th Circuit Court ruling, Lamba Legal appealed the case of an LGBTQ health care salesman to the 8th Circuit Court of Appeals. According to the complaint, the man was offered a job at Midwest Geriatric Management in Missouri, but the offer was rescinded when the company learned that he is gay. The owners of MGM claimed that the man's sexual orientation went against their religious beliefs. California workers facing workplace discrimination based on their sexual orientation may find relief by speaking to an attorney familiar with employment law. After reviewing the case, legal counsel may recommend filing a complaint with the U.S Equal Employment Opportunity Commission.]]> On Behalf of Avila & Shaddow Attorneys at Law https://www.avilashaddow.com/?p=46196 2020-02-12T12:34:24Z 2018-03-07T08:00:00Z

lawsuit, the company enacted a policy in which only underrepresented minorities were allowed to interview for jobs in the technical department. In 2017, the company's workforce was 69 percent male and that 91 percent of those employees were either white or Asian. The lawsuit also claimed that employees complained about the hiring practice, but that they were either demoted or ignored. Some also reportedly complained about taking part in "Project Mirror". This program required individuals to conduct interviews with those from their own race or gender. Google commented on the lawsuit by saying that it cares more about merit than what a person looks like when making a hiring decision. In addition to this lawsuit, the company faces allegations that it created a culture that allowed sexual harassment to thrive. Failing to hire a person based on gender, race or other protected attributes may be a violation of a person's civil rights. A person may prove that race or gender played a role in losing out on a job by gathering personnel records from the company in question. It may also be possible to use direct statements made by hiring managers or others associated with the company. An attorney may help gather evidence or take other steps to help a person obtain a favorable outcome.]]> On Behalf of Avila & Shaddow Attorneys at Law https://www.avilashaddow.com/?p=48709 2020-02-12T12:34:57Z 2018-02-26T08:00:00Z

Harassment training, which is more common than it was two decades ago, may have helped lead to more harassment-free work environments. However, looking more deeply into the figures reveals that harassment rates have not changed for everyone. While complaints with smaller companies have dropped by almost 70 percent, larger companies have had much less of a decline. Companies with over 500 employees have seen a decrease of around 30 percent since 1995. Race is one of the most significant factors to be considered, especially as racial and gender discrimination can frequently intersect in the workplace. In 1996, the EEOC received approximately 200 monthly complaints from white women and 50 from black women. In 2016, on the other hand, the EEOC received around 60 monthly complaints from white women, a significant drop. However, it still received approximately 50 monthly complaints from black women. An individual facing discrimination and sexual harassment on the job can work with an employment lawyer. Legal counsel could help to file EEOC complaints or seek justice in court against an employer that has refused to take action to stop sexual harassment.]]> On Behalf of Avila & Shaddow Attorneys at Law https://www.avilashaddow.com/?p=46205 2020-02-12T12:35:56Z 2018-02-19T08:00:00Z

civil investigations closed by EBSA in that time recovered money for a total of $682.3 million. Around half of that amount was related to defined benefit plans with terminated vested participants. Informal complaint resolutions led to the recovery of another $418.7 million. More than 100 people, including service providers, corporate officers and plan officials, were indicted for employee benefit plan-related crimes. Nearly $28 million associated with 586 plans was also distributed to people after plan termination. People who feel their employers have denied them their benefits in some way might want to talk to an attorney about the situation. Even if an employee's initial plan is to try to resolve the issue in the workplace, consulting an attorney can help employees understand their rights and develop a strategy for proceeding. If the employer is not responsive to the employee's complaints, the employee might then want to speak to the attorney about what the next steps should be. Typical problems that might arise could deal with employee pensions as well as issues such as unpaid overtime or other wage-related issues. Employees who feel they are facing workplace retaliation as a result of reporting or challenging an employer's conduct might also want to speak to an attorney.]]> On Behalf of Avila & Shaddow Attorneys at Law https://www.avilashaddow.com/?p=46202 2020-02-12T12:36:26Z 2018-02-14T08:00:00Z

most commonly alleged complaint, which has been the case since the agency began tracking numbers. Retaliation is a non-specific claim that is typically combined with complaints for other, more specific violations. Retaliation was an element of 48.8% of all filings. The most common specific violation alleged in 2017 was racial discrimination, which appeared in 33% of overall filings. Recently released statistics reveal the agency assisted employees in recovering $398 million from employers last year for claims of every type which include discrimination based on race, age, gender, faith, national origin, ethnicity, and color. A small percentage of claims (1%) involve Equal Pay Act claims. The EEOC has overlapping regulatory jurisdiction with a number of state agencies, and their data does not include claims filed exclusively at the state or local levels. EEOC authority is generally limited to federal agencies and private employers with at least fifteen (15) employees. Smaller employers are not exempt from civil rights laws but are regulated at the state level. Workers faced with discriminatory or hostile work environments must navigate strict timelines and procedures to file reports and complaints regarding inappropriate behavior or wrongful termination. Getting a consultation from an experienced and qualified employment law attorney can provide discrimination victims with perspective and guidance regarding their rights under any of the federal and state laws governing proper workplace behavior.]]> On Behalf of Avila & Shaddow Attorneys at Law https://www.avilashaddow.com/?p=46208 2020-02-12T12:37:35Z 2018-02-05T08:00:00Z

gender equity in the workplace, it may be necessary to challenge behaviors that may discriminate against workers. This may be done by showing male leaders and others that gender equality is beneficial for both men and women. Change may also be made easier when it companies choose to create objective targets and measure their success at meeting those targets. It may also be necessary to share stories and to make sure that a company's words match its actions. For instance, the CMI report found that two out of five managers didn't think a pay gap existed in their company. However, CMI found that the average pay gap between male and female managers was 27 percent on average. Furthermore, only 8 percent of managers knew how large the pay gap was within their own companies. Employees who face discrimination based on their gender or other protected attributes may wish to talk with an attorney and pursue legal action against the company. Workplace harassment may include hearing lewd or offensive comments whether the victim was supposed to hear them or not. Harassment may also occur if a worker is demoted, paid less than others for doing the same job or not hired or promoted based on gender. Victims of discrimination may be entitled to compensation.]]> On Behalf of Avila & Shaddow Attorneys at Law https://www.avilashaddow.com/?p=48712 2020-02-12T12:36:53Z 2018-01-29T08:00:00Z

unwelcome sexual advances. When people suffer sexual harassment or assaults at their jobs, they may want to talk to experienced employment lawyers. If the behavior rose to the level of a criminal offense, the victim may also want to file a police report. The employment lawyers may help their clients with filing their complaints within the company. If nothing is done, they might then assist their clients with filing claims with the Equal Employment Opportunity Commission and the related state agency. Source: CBS News, "Casino mogul Steve Wynn accused of sexual misconduct", Jan. 26, 2018]]> On Behalf of Avila & Shaddow Attorneys at Law https://www.avilashaddow.com/?p=46217 2020-02-12T12:37:50Z 2018-01-17T08:00:00Z

what constitutes a legally unpaid intern, this was big news. In fact, on January 5, the department replaced the old test it used to establish the basis for hiring an unpaid intern with a more lenient one. In a nutshell, through inspecting seven factors, the test aims to figure out who is the primary beneficiary of the intern's work. If the intern stands to gain, then the company can offer him or her an unpaid internship. Conversely, if the company gains more from the intern's work, then it has to pay the intern minimum wage at least, and the intern is considered to be an employee. Despite the DOL trying its best to protect employees against malicious employers, a lot of problems can and do arise due to plenty of inherent ambiguity. For instance, according to the DOL's new standards, 'The extent to which the intern's work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern" is one of the factors the test looks at when deciding who is the main beneficiary. However, this factor might be open to more than one interpretation. Consequently, interns that feel that they've been taken advantage of would do well to retain professional legal representation that is well versed in employment law that can help guide them through this rocky terrain. Source: BLR, 'Fair Labor Standards Act (FLSA)," Accessed 1/15/2018]]> On Behalf of Avila & Shaddow Attorneys at Law https://www.avilashaddow.com/?p=46214 2020-02-12T12:38:23Z 2018-01-09T08:00:00Z

sexual harassment or don't offer training at all. One woman who has been a bartender for nine years said that she had never received any formal training in the subject. However, a program called Safe Bars may be able to help both bartenders and patrons spot sexual harassment and take action to stop it. It is thought that having someone intervene when they see sexual harassment occurring may be the best way to stop it from happening. In fact, it may be more effective than conducting sexual harassment training courses. When sexual harassment occurs at a bar or similar venue, there may be many people who can intervene, making such a strategy an effective one. If a person is a victim of harassment, he or she may wish to bring it to his or her employer's attention. In the event that the employer doesn't take action or retaliates against the employee, it may be possible to file a lawsuit to obtain compensation in the form of back pay with interest or punitive damages. Those who are wrongfully terminated may have the right to be reinstated to their former positions.]]> On Behalf of Avila & Shaddow Attorneys at Law https://www.avilashaddow.com/?p=46211 2020-02-12T12:38:33Z 2018-01-03T08:00:00Z

asbestos removal specialist assigned to a project in the upstate New York town of Alexandria Bay. He noticed deficient asbestos removal and became concerned to the point of returning to the site of the contract, a public high school, to take pictures and collect a bag of asbestos that he showed to his supervisor. The whistleblower was terminated just one day after he reported the issue to his supervisor, and the company filed a defamation lawsuit against him within a month after he was fired. The whistleblower reported the incident to the Occupational Safety and Health Administration, which decided to intervene on his behalf. Setting aside the obvious OSHA violation of improper asbestos removal, OSHA and the Department of Labor argued that the man's wrongful termination and the subsequent lawsuit were egregious situations showing retaliatory conduct against a whistleblower. In the end, the whistleblower was awarded more than $170,000 in compensation and damages by a jury; this sum includes back pay and legal costs. Wrongful dismissals are common in cases involving whistleblowers. If an employee believes that they have been wrongfully let go due to notifying management of some issue, a lawyer could provide legal representation.]]>