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The average lifespan has significantly increased, and, as a result, many Americans and residents of greater Cleveland are working longer. According to recent research by the Census Bureau and Bureau of Labor Statistics (BLS), the number of people over the age of 65 in the workplace has doubled from 10 percent in 1985. Why older employees are working longer Older Americans are recognizing the benefits of working longer. According to Investopedia, workers may retire and collect Social Security at age 62, but the benefits may be reduced by as much as 30 percent. Those who delay retirement may take further advantage of: Greater Social Security benefits More years contributing to your 401(k) Fewer years taking money from 401(k) Unemployment is more prevalent among older people Financial investment website The Motley Fool features an interview between Motley Fool Answers co-hosts Alison Southwick and Robert Brokamp and AARP vice president of financial resilience programming Susan Weinstock. In the interview, Weinstock explains how many employers are getting away with age discrimination and how it's devastating to older workers. "If you lose your job, it will take you double the time to find a new job a younger worker," says Weinstock. "It's also disturbing because if you think about the workforce, there are more jobs available now than there are people in this country to fill them." Worker protections in place Workers are protected by the Age Discrimination in Employment Act (ADEA) when they turn 40. Unfortunately, proving age discrimination beyond that is more challenging than many other forms of workplace discrimination, thanks to a 2009 Supreme Court ruling in the case of 54-year-old Jack Gross. In 1971, Gross began working for FBL Financial Services, Inc. and had risen to management level by 2001. However, in 2001, every employee over the age of 50 (including Gross) was demoted. Gross then filed a lawsuit in federal district court under the Age Discrimination in Employment Act of 1967. After winning his case, the Court of Appeals for the Eighth Circuit reversed the decision. Gross then went to the Supreme Court. In 2009, a 5-4 Supreme Court ruling against Gross overturned the Age Discrimination in Employment Act of 1967, thus, making it more difficult for older workers to prove discrimination. Tthe Supreme Court's decision may be remedied through a new bill called the Protecting Older Workers Against Discrimination Act (H.R. 1230). This bill is designed to prioritize the legal protections of older people who face discrimination or retaliation in the workplace. H.R. 1230 was introduced to the House in February 2019, but as of yet no further actions have been taken on the bill. Why hire an attorney? Older employees, especially those with a wealth of knowledge and experience, have a lot to offer the companies they work for. When age discrimination occurs in the workplace, it can be difficult to prove because employers can provide a different reason for firing or demoting someone. The attorneys at Nilges Draher LLC have seen it many times. We have the experience and legal knowledge to take on these complex cases. Contact our Cleveland law office today to find out how we can help you.

When the U.S. women’s national soccer team recently won the World Cup for the fourth time, a cheer rang out in the audience in the stadium in Lyon, France – “Equal Pay. Equal Pay.” That’s because despite their dominance on the field, the women’s national team receives only a fraction of the amount paid to the men’s national soccer team, which failed to qualify for last year’s men’s World Cup tournament. But the fight’s not over. The U.S. women’s national soccer team continues to pursue its class action lawsuit against the United States Soccer Federation, which employs both national soccer teams. According to an article published by The New York Times, the women’s team filed a gender discrimination lawsuit on March 8 in U.S. District Court in Los Angeles against the U.S. Soccer Federation. Discriminatory practices and unequal pay By winning the World Cup earlier this month, players on the U.S. women’s national team will receive $200,000 each, according to an article published by CNBC. In contrast, if the men’s national soccer team had won the World Cup last year, each team member would have received $1.1 million apiece. Meanwhile, television ratings in the United States for the Women’s World Cup Final on July 7, 2019 were 22 percent higher than the ratings for last year’s Men’s World Cup Final, according to NBC News. In addition, the amount paid to players on the men’s team is historically more than double the amount paid to players on the women’s team, according to the lawsuit filed March 8. Between March 19, 2013 and Dec. 31, 2016, members of the women’s national team earned a maximum of $4,950 per game for “friendly” (non-competitive) matches. In contrast, members of the men’s national team earned $13,166 per game for friendly matches. During the same time period, women’s players made $15,000 for making the team roster, compared to $55,000 for making the men’s team roster. Meanwhile, the women’s team brings in more money for the U.S. Soccer Federation than the men’s team. Between 2016 and 2018, revenue generated from matches played by both teams totaled $50.8 million for the women’s team versus $49.9 million for the men’s team, according to an article published by the Detroit Free Press. In addition, the current U.S. women’s home jersey is the top-selling soccer jersey, men’s or women’s, ever sold in a single season by Nike, according to ESPN.com. Taking a stand against wage inequality “I think we’re done with: Are we worth it? Should we have equal pay? Is the market the same? Yada yada,” American midfielder and U.S. women’s team captain Megan Rapinoe said in an interview with The New York Times after the team won the World Cup on July 7, 2019. “We — all players, every player at this World Cup — put on the most incredible show that you could ever ask for. We can’t do anything more, to impress more, to be better ambassadors, to take on more, to play better, to do anything. It’s time to move that conversation forward to the next step.” If you have experienced gender discrimination in the workplace, you deserve better. Talk to an experienced Ohio employment law attorney at Nilges Draher LLC. We can fight for your right to be treated fairly in the workplace. Contact our Ohio law firm today to learn more about your rights.

In 2019, diversity is being touted everywhere, including in many workplaces. So why is it that many employers embrace some areas of diversity while ignoring others? Ageism is often omitted as a form of bias, especially gender ageism. According to research from AARP, roughly two out of three workers over the age of 45 across the US have either experienced or witnessed age discrimination. More than half say discrimination starts among workers ages 50 and older. CNBC reports that one of the fastest growing age groups in the US workforce is workers ages 65 and older. This is primarily due to stagnant wage growth, obsolete pensions, delayed Social Security benefits, and longer lifespans. How women are impacted by ageism Gender bias is already a common problem in the workplace – with women earning less than men working in the same professions, and even being pushed out of male-dominated workplaces. Older women get the brunt of age and gender discrimination, however. According to research from the Equal Employment Opportunity Commission (EEOC), women over 50 are likely to experience discrimination earlier than their male coworkers. Society’s importance and expectations of beauty among women is believed to be the primary cause of discrimination – rendering women “less valuable” in the workplace. Sadly, this type of discrimination is often overlooked, and rather, the norm. Many older women are pushed out of jobs they’ve worked at for years. Employers often sugarcoat this as downsizing or consolidation. Some older women are even denied employment or passed up for promotions. Why companies can benefit from promoting inclusion No matter what age or gender someone is, employees and professionals dedicated to their jobs or careers shouldn’t have to face discrimination. Companies should place more emphasis on what employees bring to the table rather than their age or gender. This can only be accomplished by developing a program that promotes inclusion and covers all facets of diversity. Older women tend to have a wealth of knowledge and experience that companies can benefit from – much of which hasn’t been developed or adopted by their younger counterparts. According to Forbes, roughly 56 percent of companies with more than $10 billion in annual revenues agree that innovation can be driven by diversity. “We have a vast amount of diversity that comes into work every day to build technology that plays out around the world. You can’t be successful on a global stage without it,” said Rosalind Hudnell, director of global diversity and inclusion at Intel. If you believe that you have experienced discrimination in the workplace due to your age or gender, speak to an experienced Cleveland employment attorney at Nilges Draher LLC. We represent workers who have experienced all types of workplace discrimination and have a proven track record of holding employers accountable. Contact us today to learn how we can help you.

Get hired, sign a contract, and say goodbye to your rights. Mandatory arbitration in employment that resolves disputes favors companies over employees or customers. That’s because the company usually chooses the arbitrator, and the arbitrator tends to side with the company. The process also requires employees and customers to waive rights to seek justice in court, according to the National Association of Consumer Advocates. How arbitration works Arbitration is seen as a means of deciding disputes by avoiding a court battle. Two parties present their arguments to an arbitrator or a panel of arbitrators. The arbitrator weighs the arguments and issues a determination that stands as the resolution of the dispute. Arbitration may be voluntary or mandatory. The problem for workers and customers is that mandatory arbitration is becoming the rule in various kinds of agreements and contracts. These include such pacts used for employment, insurance, home-building, car loans and leases, credit cards, retirement and investment accounts and nursing facilities. Language about mandatory arbitration generally is hard to spot in contract paperwork. Many people never notice the arbitration clause in the terms of contracts or agreements. The language of mandatory arbitration in employment locks the worker into only one option for resolving all disputes or problems. Contracts typically identify the arbitration company that must be used, and it’s the one that the company prefers. How mandatory arbitration hurts workers Companies want workers and customers to surrender their rights to go to court because they have the advantages in arbitration. Mandatory arbitration in employment lets companies evade accountability: In “forced arbitration,” as the process also is known, the arbitrator’s decision is binding, and the results are not public. To address the problems prompted by mandatory arbitration in employment, specialists urge that workers and customers read contracts in detail. Try to negotiate the clause into voluntary, instead of mandatory, arbitration. Ultimately, legislation would need to be established to ban mandatory arbitration in order to protect workers’ legal rights and consumers’ rights when buying products. Other ways that mandatory arbitration in employment hurts workers include the following: Arbitrators aren’t bound by law and legal precedent in making decisions. There’s no appeal or public review of decisions. In agreeing to mandatory arbitration in employment, workers surrender the rights to sue in cases of discrimination, harassment, abuse and wrongful termination, rendering laws like the Civil Rights Act and the Equal Pay Act meaningless. Consumers lose their right to hold companies accountable because agreeing to mandatory arbitration means they cannot sue for negligence, defective products or scams. Mandatory arbitration in employment favors companies, who win more frequently than workers or customers, especially if companies use the same arbitrators repeatedly, according to an analysis in The Washington Post. Employees also receive less money in terms of damages in arbitration than in litigation. Also, workers usually must pay their way to attend arbitration hearings, sometimes traveling thousands of miles, a cost more easily absorbed by a company. There is hope. In the face of public criticism, prominent companies like Google and Facebook have discontinued mandatory arbitration requirements for sexual harassment claims, according to The Washington Post analysis. Contact Nilges Draher LLC employment law attorneys today for help in cases of mandatory arbitration in employment.

Democratic lawmakers have introduced legislation that could strengthen protections against workplace harassment. The “Be Heard Act” – also known as the “Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination in the Workplace Act” – was introduced by Sen. Patty Murray and Reps. Katherine Clark, Ayanna Pressley, Elissa Slotkin and Debbie Mucarsel-Powell. The bill has also received support from Senators Kamala Harris, Elizabeth Warren, Kirsten Gillibrand, Bernie Sanders, Amy Klobuchar and Cory Booker. What protections will the “Be Heard Act” provide? Despite civil rights laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC), many employers continue to get away with violating workers’ rights. According to Murray, the bill “will empower workers to come forward by providing new resources and support and it will safeguard existing anti-discrimination laws while expanding protections to make it clear that all workers — all workers — are protected under our civil rights laws.” In addition to protecting workers from harassment, the “Be Heard Act” would: Eliminate tipped minimum wage and enforce fair pay Put an end to mandatory arbitration and pre-employment non-disclosure agreements Increase the amount of time allowed to report harassment The bill was spurred by a 2018 report published by the Senate Health, Education, Labor and Pensions Committee. In addition to protections against workplace harassment, the committee recommended that the bill include provisions to: Strengthen workers’ rights to join unions Expand protections to include independent contractors or small business employees Clarify protections for LGBT workers Provide access to legal representation Murray met with representatives from 17 industries with the highest percentages of harassment charges filed with the U.S. Equal Employment Opportunity Commission throughout the past decade. The top five include: Manufacturing Health care Social assistance Retail Public administration and accommodation Food services “We are balancing the scale that has been tipped toward the wealthy, the well-connected and the powerful for far too long. The Be Heard Act will put long-overdue protections and accountability into law and remove barriers to justice,” Clark said. Don’t fear retaliation. Know your rights! Many workers hesitated to report harassment to their employer or the Equal Employment Opportunity Commission due to fear of retaliation, including: Changes in positions, being demoted, being passed or delayed on a promotion, or being fired. Facing stigma among co-workers. In addition, many workers don’t file harassment complaints because they simply don’t know their rights are what course of action to take. Some have a distrust in the system. That’s why if you have faced harassment of any kind on the job, it’s crucial that you act. The Ohio employment attorneys at Nilges Draher LLC represent workers who are victims of workplace harassment, as well as retaliation. To find out how we can help, contact us today.

The law is clearly outlined by the U.S. Equal Employment Opportunity Commission: “The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.” In addition, federal law protects employees from harassment, omission, or mistreatment based on their skin color. Many employers know the law, yet they choose to break it anyway. Race discrimination comes in many forms. In a few cases, it is fairly easy to see. However, in most cases, race discrimination occurs in more subtle ways and is difficult to prove. These could include: Assigning an employee less desirable tasks; Passing an employee over for a raise or promotion; Limiting an employee’s ability to earn pay or benefits; Evaluating an employee more harshly because of his or her race or skin color, rather than performance; Hiring a less qualified white applicant over a more qualified minority job applicant. Why so little is being done In many cases, employees choose to bring claims of race discrimination to the US Equal Employment Opportunity Commission (EEOC). According to a recent Vox article, the EEOC– as well as affiliated state and local agencies – close more than 100,000 discrimination cases each year. Claims of race discrimination are the most common of these cases, and a quarter of all EEOC complaints are made by black employees. However, these agencies only take action in roughly 15 percent of cases. In many cases, the EEOC takes no action at all. For example, one worker at Alabama defense manufacturing company Austal USA experienced blatant discrimination through racial slurs, graffiti, and hate paraphernalia left by other employees. He, along with several other black workers, reported the incident to the EEOC. However, after a year of waiting, the agency failed to resolve the issue. The Center for Public Integrity – a nonprofit investigative news agency based in Washington, DC – spent eight years compiling and analyzing complaints filed with the EEOC and other state and local agencies from 2010-2017. After reviewing hundreds of legal cases and receiving testimonies from people who filed complaints, the Center for Public Integrity found that the EEOC closes most cases without first determining if discrimination occurred. Additionally, nearly 40 percent of employees who reported discrimination to the EEOC experienced retaliation. Former EEOC employees and other experts cite a limited budget, limited resources, and a 42 percent reduction in staff since 1980 as primary factors regarding the agency’s poor handling of discrimination cases. In addition, the labor force has increased by 50 percent – resulting in more discrimination cases. What you can do if you’ve experienced discrimination While agencies such as the EEOC may lack the resources and ability to pursue each case of racial discrimination, you have other options. The experienced and dedicated legal team at Nilges Draher LLC has extensive experience handling cases like yours. We’ll take the time to review all details regarding your complaint and launch a thorough investigation. We’re committed to putting your needs first. Contact us today to discuss your matter and explore your legal options.

The population over the age of 65 is continuing to grow at a steady rate, according to the United States Census Bureau. By 2030, the entire baby boomer generation will be older than 65 years of age. By 2020, there is expected to be one retiree for every three working-age adults. In Ohio, the average age of retirement is 63 years old. Some residents may not reach their full age of retirement until age 66 or 67. Others may choose to hold off on retirement for a few years after in order to receive larger social security payments. Age discrimination in the workplace may deter older people from continuing employment, according to a study conducted by researchers at nonprofit organization Urban Institute. Age discrimination is a growing problem The study examined data from the Social Security Administration and National Institute on Aging and survey results from more than 2,000 full-time workers over age 50 who were with the same company for at least five years. The findings of the study showed that workers over age 50 involuntarily ended employment due to: Being laid off or business closing – 28% Job dissatisfaction – 13% Unexpected retirement – 13% Poor health – 8% Family concerns – 1% Only 10 percent of those who were forced to end their employment involuntarily were able to find the same level of employment or wages. Overall, workers over age 50 who ended their employment involuntarily had a lower household income by age 65 than those who didn’t. The median household income among all respondents before employer-related job separation was more than $93,000. After ending employment, the average dropped to nearly $55,000 – a 42 percent decrease. Additionally, nearly 40 percent of retirees in 2014 were reportedly forced to end their employment – which marked a 26 percent increase since 1998 and a slight decrease from 2012. As outlined in the Age Discrimination in Employment Act of 1967 (ADEA), it is unlawful for employers to discriminate against workers ages 40 and up and discrimination based on any age against anyone eligible to work in the US is illegal. Our attorneys will fight to uphold your rights If you believe your job or position was compromised or if you were denied employment due to your age, you have rights that should be upheld. An experienced Ohio employment law attorney will gladly investigate and work to build a strong discrimination case. At Nilges Draher LLC, we know where to look for evidence of discrimination and will leave no stone unturned in the process. It’s critical that you act fast. In Ohio, the deadline to file your claim is 180 days. Contact us today to get started.

Many employers are well aware of the laws against workplace discrimination, and for those who are still in the dark, it’s time to start paying attention. Even in 2019, we’re still seeing workplace discrimination against transgender people along with other members of the LGBT community. According to Quartz at Work, a meager nine percent of people age 45 or older report having association with or working with a transgender person. Transgender discrimination, still an at-large problem While many employers remain clandestine when it comes to discrimination, research suggests that those responsible purposely alienate transgender people. They may not express any kind of outright discriminatory language, but they will most certainly create an unwelcoming atmosphere. That might explain the high rate of unemployment among transgender people, which is three times higher than cisgender unemployment. About 29 percent of transgender people in the US live under the poverty line. Roughly 50 percent of transgender people in the US suffer from depression and/or anxiety. What employers should be doing to create a welcoming atmosphere Quartz at Work suggests some practices employers should do to help end workplace discrimination against transgender employees. These include: Reach out to organizations to help create exclusive and diverse hiring practices. Challenge and screen interviewers and recruiters for any biases regarding appearance, behavior, and competence. Create an inclusive and trans-friendly work atmosphere, even if there are no transgender employees. Utilize mentorship programs, human resource departments, and employee resource groups to create a safe and motivational atmosphere for transgender workers. Have you experienced discrimination? Don’t wait to take action. It’s a shame that in 2019, we’re still dealing with discrimination in the workplace. In many cases, employers will deny any wrongdoing on their part when allegations are brought against them. Proving discrimination based on gender identity may be challenging. That’s why consulting with an experienced Ohio employment lawyer is a necessary step in pursuing justice. At Nilges Draher LLC, we fight for the rights of employees throughout the state of Ohio and beyond. We’ll uncover crucial evidence to help you build a solid discrimination case. If you suspect that you are being treated differently in the workplace because of your gender identity, contact us today to discuss your legal matter. Your consultation is completely confidential and there is absolutely no obligation to hire us – just honest answers about your legal rights. We can help.

Sexual discrimination claims are prevalent in many industries throughout Ohio and the rest of the U.S. However, new research is showing the possibility of such discrimination in a field that many wouldn't expect, health care. In particular, female physicians raising children believe they are treated differently than their colleagues because they have children. A 2017 survey published in a leading medical journal has shed some light on the subject. The research was conducted by use of an anonymous survey of nearly 6,000 U.S. doctors through social media. Instances of alleged sexual discrimination were gleaned from nearly 1,000 comments from physicians who are also mothers. More than a third of mothers claimed different treatment in their jobs, according to the survey. In most cases, however, the discrimination is not over. For example, some have noted that they are not approached for job-related improvement opportunities. They felt that being passed over for these activities damaged their advancement opportunities as well as their ability to provide the highest quality care for their patients. Some female physicians have even used the term 'blackballed" when it comes to opportunities for advancement. In other cases, female doctors are aware of situations where medical orders are slighted by medical support staff. In one case, a female doctor aboard an airplane was not permitted to provide medical attention to an ill passenger because airline personnel did not believe she was a doctor. Any type of discrimination, whether sexual, racial, religious or through national origin, may have a negative effect on an employee's career. For this reason, there are both federal and state laws to protect workers from such acts. But not every instance of unequal treatment constitutes legal discrimination. For those experiencing unfair treatment, it may be wise to arrange for a consultation with an experienced employment law attorney.

The Equal Pay Act was passed in 1963 to prohibit wage discrimination in the workplace. If a man and woman are both employed in the same or a substantially similar position, perform similar duties, and have the same level of experience or qualifications, it is unlawful for employers to pay them differently. Likewise, Title VII of the Civil Rights Act of 1964 and many states' anti-discrimination laws prohibit paying a female employee less because of her gender. These laws also apply to other benefits, such as overtime pay, vacation and sick pay, travel expenses, and health insurance. Nevertheless, an illegal, two-tiered compensation system still exists in many workplaces. Who's being paid less Despite the passage of the Equal Pay Act and other anti-discrimination laws, some employers continue to pay employees unfairly based on gender and ethnicity. CNBC reports that: African American women earned only $0.63 to every dollar earned by white men who share the same duties and are employed in the same position. For Native American women, it was $0.57 to every dollar. For Latina women, it was $0.54 to every dollar. White women earned higher wages, but still at $0.79 to every dollar earned by men who share the same duties and are employed in the same position. Asian American women earned the highest at $0.87 to every dollar. Know your rights as a woman in the workplace According to the U.S. Department of Education, women are more likely to obtain bachelor's degrees than men. In fact, this year alone, more than six million full-time college students were female, while fewer than five million were male. Even so, many women are still being paid less for performing the same work as men. Women of color make up 17 percent of the workforce - but they make up a disproportionate 33 percent of employees in low-paying jobs such as retail, fast food service, and personal care. Many of them earn only the federal minimum wage of $7.25 per hour, which is practically unlivable. It's shocking to know that in more than 50 years after passage of the Equal Pay Act, women still face wage discrimination in the workplace. When it comes to unfair gender pay, there are no loopholes. Employers who engage in discrimination are breaking the law. And they should be held accountable for their actions. What you can do You worked hard to get to where you are. No matter your gender, race, or ethnicity, you deserve fair treatment and fair compensation. While many employers keep company wages secret, there are steps you can take if you suspect that you're being paid unfairly. Don't take no for an answer. Take a stand. Talk to an experienced employment law attorney at Nilges Draher LLC. Our attorneys can help fight for your equality. Contact us today to learn how we can help you.

One way that employees can be unlawfully underpaid is when they are "on-call" and restricted in what they can do but receive no compensation or overtime pay for this time. A recent Ohio case decided in November highlights how employees can get their fair pay if they find themselves in such a situation. On-call nurse wasn't paid OT A nurse who was paid her regular pay of $36 per hour during on-call hours sued a hospital for unpaid overtime for time spent on call. The hospital alleged that the time the nurse spent on call was non-compensable and, therefore, was not subject to overtime laws, an argument that the court rejected. The court made a distinction between on-call employees who are allowed to freely engage in personal activities while on call and workers who are restricted from engaging in personal activities or receive frequent calls from work. The court looked at several factors, including whether the employer imposed geographic restrictions while the employee was on call. Federal and state laws protect workers Employees in Ohio are protected from wage and hour violations in part by the federal Fair Labor Standards Act (FLSA). Employees should take the time to learn about wage and hour law, especially the FLSA. In this case, the court awarded damages to the nurse because she was engaged in work activities for much of the time she was on call. An attorney experienced in wage and hour law can advise you about whether your employer is complying with the FLSA. Every wage and hour case is different since judges weigh multiple factors when determining whether there was a violation. Other wage and hour violations include failure to pay minimum wage, unlawfully classifying employees as exempt from overtime and asking employees to work off the clock without compensation.

Workers at some leading companies in Ohio and across the country may have good reason to be concerned about the continuing threat of racial discrimination. A New York Times report covered the experiences of black workers at Tesla, the electric car manufacturer. Journalists interviewed dozens of present and former Tesla workers at the company's assembly plant in Fremont, California, and obtained numerous testimonies about instances of workplace harassment and discrimination. Among other issues, Tesla workers said that they were called racial slurs, taunted for their race, denied promotions and disproportionately assigned to menial tasks. One worker recounted swastikas being drawn in the bathroom while another employee said that he was called the n-word and "boy" on the job. The documents collected by the journalists included firsthand accounts as well as legal statements and internal communications. Despite the widespread recounting of racially discriminatory practices, Tesla said that these incidents did not amount to a pattern of discrimination and that it encouraged a respectful environment. The reports came after three former employees at the automaker filed a lawsuit recounting their experiences being called racial slurs and taunted with mocking caricatures by both co-workers at the same level and supervisors. Tesla said that the workers did not file complaints internally about these incidents, but some workers said that they did take action inside the company and received no results. One email from Elon Musk, Tesla's former CEO, to factory staff urged people to treat each other with respect but also called on victims of racist behavior to forgive perpetrators who apologized. Tesla, like other major corporations, appears to still struggle with workplace discrimination. Employees who have been mistreated, denied advancement or fired due to their race may wish to consult with an employment lawyer. An attorney may help workers file complaints and take further action to seek justice.