Articles Posted in Employment Discrimination

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The #MeToo scandals has generated more work for lawyers. Last year, within New York sex scandals were shaking elite preparatory schools with an uptick in investigations.  One unidentified school had spent at least $2 million on a comprehensive report detailing decades of sexual indiscretions between faculty members and students.  This year, we saw reflections of harassment and abuse within the entertainment and political environments. It has had a momentum effect and impacted many with more and more cases being reported everyday.

No one is ever free from abuse of harassment and people are more vocal and aware of the abuse nowadays, as this hashtag has been trending on social media.  Investigation, litigation and handling of sexual allegations are not easy to navigate and are emotionally taxing, whilst damaging to reputation of either victim or alleged perpetrator.  One incident and its exposure often leads to others coming forward and class actions or multiple investigations.  Reputation, character and conduct is important.  Once an image is tarnished, it can be life affecting in so many ways.  A cycle of resistance or denial can also exist in the cycle.  Having insurance coverage in such instances helps relieve the emotional distress in finance over monies paid to victims or an insurance dispute over clauses and coverage can also arise.  As more and more claims come out, it must be realized that one cannot be fully absolved of such allegations and the need to have measures in place in case is important.  Prevention is always better than cure and whether or not employers wish to screen such conduct as part of their background check is also becoming a possible concern.  The costs of such suits can be steep and the damage that is done can never be monetized.  The possibility of employers screening behavior in an interview position for work purposes may also become more commonplace, as costs and money talks.  It is not worth the baggage of having such persons within a working environment and maybe including contract clauses for relieving personal behavior whilst at work must be ensured within employment manuals.  More education is required as to why such behavior will not be tolerated.  Continue reading

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Fox news has recently come under fire for yet another sexual harassment lawsuit involving a political contributor who alleges she was forced into a sexual relationship with Charles Payne, a Fox Business anchor.

The lawsuit, filed by Scottie Nell Hughes, alleges she repeatedly refused Payne by telling him “stop” and “no,” but he allegedly disregarded her protests and forced her to stay in a sexual relationship with him for an extended period of time. Hughes alleges she received extra appearances on both Fox Business and Fox News while she remained in the relationship with Payne, but that when she cut things off, she was allegedly “blacklisted” by the media giant.

In addition, Hughes alleges that, after she brought her concerns over the sexual assault to Fox in confidence, the media company allegedly leaked her name to the press, along with a “statement” in which Payne apologized for the affair. Hughes and her attorney object to both the manner in which Fox handled the situation and Payne’s use of the term, “affair,” which implies she consented.

Payne was suspended from the network, pending an internal investigation into Hughes’s allegations, but has since returned to work.

Hughes has said that the complaint her attorney recently filed speaks for itself, and that she is pursuing litigation so that no other woman will have to suffer through the hell she says she is now experiencing. Continue reading

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At least one Trump supporter is, not only well aware of the issues that face minorities in this country, but is actively fighting to support those minorities.

His target? Fox News.

Because Fox News has been such a strong supporter of Trump, you’d think an attorney who donated $40,000 to Trump’s campaign and voted for him in both the primary and general elections would also support Fox News, but that’s not the case for attorney Douglas Wigdor.

Wigdor started filing lawsuits against Fox News late last year after a reporter for Fox 5, Lidija Ujkic, sought him out after having heard about a case he had settled in which he had argued on behalf of a woman who claimed her pregnancy had led to her demotion at Goldman Sachs. Ujkic’s claims against Fox were similar.

Wigdor took Ujkic’s case, and a few months later, took on another, this time alleging racial bias. Eleven new plaintiffs ended up joining that case in the following month, including Kelly Wright, the only black man to work as a news anchor on the conservative news channel.

That apparently opened the floodgates, as Wigdor followed it up by suing the media giant two more times that month, three times the following month, once in July, once in August and again in September. Continue reading

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Employment retaliation claims are on the rise, according to the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC reports that, in 2011, retaliation claims accounted for 37.4 percent of all charges filed with the EEOC, amounting to a total of 37,334 charges. This number represents an increase of more than 72 percent since 2000, when the total number of retaliation claims was 21,613.

What Is Employee Retaliation?


Employees are protected from discrimination in the workplace through various federal and state laws, such as Title VII of the Civil Rights Act of 1964 (as amended), the Equal Pay Act of 1963, the Age Discrimination Act of 1967, Title I of the Americans with Disabilities Act of 1990 and the Genetic Information Nondiscrimination Act of 2008. These laws, not only prohibit acts of discrimination based on race, gender, religion, disabilities, and age, but they also prohibit employers from firing, demoting, harassing or otherwise retaliating against an employee or applicant who files a charge of discrimination or participates in a discrimination lawsuit or investigation.

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Our Chicago attorneys are experienced in handling all kinds of employment litigation for individual and class action lawsuits including race and sex discrimination cases as well as unpaid overtime and wage claims. In our work as nationwide and Chicago wage and hour attorneys, we frequently see workers who have been misclassified as exempt from overtime. Whether this was an honest mistake or an intentional attempt to save money, it effectively “steals” wages from the misclassified employees. DiTommaso Lubin Austermuehle stands up for the rights of workers in Chicago, Illinois and throughout the country who are victims of overtime wage theft, including misclassified employees as well as those pressured to work off the clock; lie on timesheets; or simply not paid an overtime rate. Our Waukegan, Elgin, and Milwaukee unpaid overtime lawyers handle both individual and class action employment cases. Based in Chicago and Oak Brook, Ill., our Chicago Fair Labor Standard’s Act attorneys represent clients throughout Illinois, the Midwest and the United States.