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. 

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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.

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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.

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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.

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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.

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Whether you have lived with a disability all your life or have recently suffered an accident or illness, you know your limitations and abilities. You also know well your qualifications for employment, including your education and experience. Nevertheless, your condition may make it difficult to perform on the job unless you have certain modifications to your workplace, your schedule or your tasks.

Fortunately, the need for these accommodations does not disqualify you from finding meaningful employment in your field. The Americans with Disabilities Act protects you from discrimination simply because of a disability.

What accommodations are not

An Ohio employer who complies with ADA rules will hire workers based on their qualifications and abilities. If you have training and experience on par with other candidates and can do the job with a few reasonable modifications, an employer should give you equal consideration for a position. However, some employers may resist making those accommodations or may not understand what counts as reasonable.

Workplace accommodations are not special treatment. In other words, any modifications that overburden your co-workers or create an unsafe environment may not be reasonable. You must be able to perform the essential duties of your job with reasonable modifications. Additionally, your employer may find some requests for accommodations cost-prohibitive, so you may have to negotiate for a compromise.

Examples of reasonable accommodations

Your employer may not ask about your disability but may ask what accommodations you will need to be successful in the position. Here is where you may begin discussing the possibilities. Ideally, you may want an elevator installed. More reasonably, you may request a ramp or a workspace that does not require the use of stairs. Other modifications that may be reasonable for an employer are not limited to these:

• Rearranging the workspace to make room for a wheelchair
• Purchasing assistive technologies if you are visually or auditorily impaired
• Making meetings and company materials accessible with sign language interpretation or Braille
• Modifying workplace policies to allow service animals
• Adjusting schedules so you can work from home or keep medical appointments

Your condition may require other considerations, and your employer must be willing to hear your concerns and work with you. There are resources available to help employers make their workplaces welcoming and inclusive. However, if your employer refuses to make reasonable modifications so that you can be successful at work, you may need to access some resources of your own to assist you in protecting your rights.

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Riot Games’ productions, including the hit “League of Legends”, have large numbers of fans in Ohio. However, the company is now facing a class action lawsuit accusing it of gender discrimination in the workplace. The lawsuit was filed by a current employee and a former employee and came after journalists highlighted issues with sexism inside the company. The two women say that they have been denied equal pay and access to promotions on the basis of their gender. They also cite sexual harassment, misconduct and a hostile working environment at the game manufacturer.

The complaint alleges violations of California laws against gender discrimination, including the Equal Pay Act. The women who filed the lawsuit are seeking compensation for lost wages and other damages, and they also want the court to certify the case as a class action for all female employees of the company. Earlier reports about the company mentioned 28 current and former workers, including one of the plaintiffs in the lawsuit. There are 2,500 employees at the company with a workforce that is 80 percent male.

Women have alleged that female job applicants were denied despite being highly qualified because they did not meet the company’s stereotypical image of gamers. Women also said that employment decisions were often made on the basis of “culture fit”, but this term was often used to justify promoting men, including those engaged in sexist or aggressive behavior. Women’s complaints were allegedly frequently brushed aside or dismissed without any action being taken.

Women continue to face workplace discrimination, even at some of the country’s most advanced tech firms. They face sexual harassment on the job, or they may lose out on career advancement due to companies favoring men. Those who have been the victim of such behavior might want to meet with legal counsel to discuss their situations.

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A former female county doctor in Dallas, Texas will receive $115,000 from Denton County after a federal court judge entered judgment in her favor in a pay discrimination lawsuit.

In 2017, the EEOC filed a lawsuit on behalf of Dr. Martha Storrie, who worked as a Primary Care Clinician in the Denton County Public Health Department. A male physician was hired by the county in 2015. His starting salary was more than $34,000 higher than hers. Dr. Storrie reported the difference to the county, who failed to take remedial measures in response to the complaint.

On October 24, 2018, a federal court judge awarded Dr. Storrie $115,000 in damages and ordered the county to implement a new written policy regarding the compensation policy for all new physicians in the public health department. The county must also provide equal pay training and post notice of equal pay rights at county facilities.

The Equal Pay Act of 1963 requires that men and women in the same workplace be given equal pay for equal work. Job content, not titles, determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, etc.

If you believe you are experiencing unequal pay or other employment-related issues, such as discrimination, sexual harassment, or wage and hour violations, please call us for your free consultation.

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Halloween is not only a time for pumpkins, kids in costumes and candy but also a time for scary movies and haunted houses. Seeing as we already talked about the best haunted houses in Northeast Ohio earlier this month, we’ll take a look at some of the best scary movies of all times according to Rotten Tomatoes.

Get Out (2017) Now that Chris and his girlfriend, Rose, have reached the meet-the-parents milestone of dating, she invites him for a weekend getaway upstate with Missy and Dean. At first, Chris reads the family’s overly accommodating behavior as nervous attempts to deal with their daughter’s interracial relationship, but as the weekend progresses, a series of increasingly disturbing discoveries lead him to a truth that he could have never imagined.

Psycho (1960) In 1960, Alfred Hitchcock was already famous as the screen’s master of suspense (and perhaps the best-known film director in the world) when he released Psycho and forever changed the shape and tone of the screen thriller. From its first scene, in which an unmarried couple balances pleasure and guilt in a lunchtime liaison in a cheap hotel (hardly a common moment in a major studio film in 1960), Psycho announced that it was taking the audience to places it had never been before, and on that score what followed would hardly disappoint. Marion Crane (Janet Leigh) is unhappy in her job at a Phoenix, Arizona real estate office and frustrated in her romance with hardware store manager Sam Loomis (John Gavin). One afternoon, Marion is given $40,000 in cash to be deposited in the bank. Minutes later, impulse has taken over and Marion takes off with the cash, hoping to leave Phoenix for good and start a new life with her purloined nest egg. 36 hours later, paranoia and exhaustion have started to set in, and Marion decides to stop for the night at the Bates Motel, where nervous but personable innkeeper Norman Bates (Anthony Perkins) cheerfully mentions that she’s the first guest in weeks, before he regales her with curious stories about his mother. There’s hardly a film fan alive who doesn’t know what happens next, but while the shower scene is justifiably the film’s most famous sequence, there are dozens of memorable bits throughout this film. The first of a handful of sequels followed in 1983, while Gus Van Sant’s controversial remake, starring Vince Vaughn and Anne Heche, appeared in 1998. ~ Mark Deming, Rovi

The Bride of Frankenstein (1935) Dr. Frankenstein is forced to tempt fate once again by creating a suitable mate for his monster.

The Silence of the Lambs (1991) In this multiple Oscar-winning thriller, Jodie Foster stars as Clarice Starling, a top student at the FBI’s training academy whose shrewd analyses of serial killers lands her a special assignment: the FBI is investigating a vicious murderer nicknamed Buffalo Bill, who kills young women and then removes the skin from their bodies. Jack Crawford (Scott Glenn) wants Clarice to interview Dr. Hannibal Lecter (Anthony Hopkins), a brilliant psychiatrist who is also a violent psychopath, serving life behind bars for various acts of murder and cannibalism. Crawford believes that Lecter may have insight into this case and that Starling, as an attractive young woman, may be just the bait to draw him out. Lecter does indeed know something of Buffalo Bill, but his information comes with a price: in exchange for telling what he knows, he wants to be housed in a more comfortable facility. More important, he wants to speak with Clarice about her past. He skillfully digs into her psyche, forcing her to reveal her innermost traumas and putting her in a position of vulnerability when she can least afford to be weak. The film mingles the horrors of criminal acts with the psychological horrors of Lecter’s slow-motion interrogation of Clarice and of her memories that emerge from it. ~ Mark Deming, Rovi

A Nightmare on Elm Street (1984) A group of teenagers are terrorized by “Freddy Krueger”, an evil being from another world who gets to his victims by entering their dreams and killing them with gloves that have knife blades attached to each finger.

IT (2017) New Line Cinema’s horror thriller “IT,” directed by Andy Muschietti (“Mama”), is based on the hugely popular Stephen King novel of the same name, which has been terrifying readers for decades. When children begin to disappear in the town of Derry, Maine, a group of young kids are faced with their biggest fears when they square off against an evil clown named Pennywise, whose history of murder and violence dates back for centuries.

Carrie (1976) This classic horror movie based on Stephen King’s first novel stars Sissy Spacek as Carrie White, a shy, diffident teenager who is the butt of practical jokes at her small-town high school. Her blind panic at her first menstruation, a result of ignorance and religious guilt drummed into her by her fanatical mother, Margaret (Piper Laurie), only causes her classmates’ vicious cruelty to escalate, despite the attentions of her overly solicitous gym teacher (Betty Buckley). Finally, when the venomous Chris Hargenson (Nancy Allen) engineers a reprehensible prank at the school prom, Carrie lashes out in a horrifying display of her heretofore minor telekinetic powers. Many films had featured school bullies, but Carrie was one of the first to focus on the special brand of cruelty unique to teenage girls. Carrie’s world is presented as a snake pit, where the well-to-do female students all have fangs — even the reticent Sue Snell (Amy Irving) — and all the males are blind pawns, sexually twisted around the fingers of Chris and her evil cronies. The talented supporting cast includes John Travolta, P.J. Soles, and William Katt. One of the genre’s true classics, the film was followed by a sequel in 1999, as well as by a famously unsuccessful Broadway musical adaptation that starred Betty Buckley, the movie’s gym teacher, as Margaret White. ~ Robert Firsching, Rovi

The Conjuring (2013) Before there was Amityville, there was Harrisville. “The Conjuring” tells the true story of Ed and Lorraine Warren (Patrick Wilson, Vera Farmiga), world renowned paranormal investigators, who were called to help a family terrorized by a dark presence in a secluded farmhouse. Forced to confront a powerful demonic entity, the Warrens find themselves caught in the most horrifying case of their lives. — (C) WB

What are your favorite scary movies? To see more of Rotten Tomatoes’ top horror movies, click here.

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Many women in Ohio work throughout their pregnancies. Unfortunately, they mostly remain at the mercy of their employers when they need extra breaks or light duty. The Pregnancy Discrimination Act provides only limited protection under federal law for pregnant employees. According to the law, employers need to accommodate requests for light duty or breaks from pregnant women only if they already grant these accommodations to other employees.

The limited scope of the PDA gives employers the ability to ignore the needs of pregnant workers when they already limit breaks and ignore requests for changes in duties from everyone else. Even when women present letters from their doctors explaining the need for breaks and light duty, employers do not necessarily have to approve the requests.

For women in strenuous occupations that require heavy lifting, like warehouse work, the American College of Obstetricians and Gynecologists recognizes that they have an increased risk of miscarriage. For example, in one warehouse where managers refused requests from pregnant women to work on tasks with smaller boxes, three miscarriages occurred among employees in 2014.

Pregnancy discrimination also happens when employers fire pregnant employees or deny them promotions. A person who has experienced workplace discrimination might want the insights of an attorney. Legal counsel could evaluate the situation and provide an opinion about whether an employer violated any state or federal employment laws. To hold an employer accountable, an attorney could prepare a formal complaint with the Equal Employment Opportunity Commission and open discussions about a settlement. If necessary, the lawyer may file a lawsuit to recover financial damages arising from job loss, violations of wage and hour laws or denial of advancement opportunities.

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